MAYORANDCITYCOUNCIL

REGULARSESSION
Tuesday,February18,20146:00P.M.

AGENDA
1.

CALLTOORDER PRAYERANDPLEDGE

2. 3.

APPROVALOFMINUTES A. WorkSessiondatedJanuary28,2014 B. RegularSession#2datedFebruary3,2014 C. WorkSessiondatedFebruary11,2014 ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCIL A. StandingCommitteeReports

4. 5.

CONSENTAGENDA A. PrivateEventApprovalRequestforShenanigansSt.Pats5KRunMarch15,2014 B. PrivateEventApprovalRequestforRavensBeachBashMay29June1,2014 C. RequestApprovalofTaxiMedallionTransfers MISCELLEANEOUSREPORTSANDPRESENTATIONS A. IntroductionofOceanCitySurfClubpresentedbyShellyDawson B. PrivateEventApprovalRequestforOCBikefestSeptember1114,2014 C. RequesttoApprovePublicArtSculpturenearRoute90BridgeEntrancepresentedbyOCDCPublic ArtCommittee

6.

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PUBLICHEARINGS ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF A. OCPD2013EndofYearReportpresentedbyChiefRossBuzzuro

8. 9.

ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR A. SecondReadingOrdinance201401AuthorizingtheRefundingof2004Bonds B. SecondReadingOrdinance201402toAmendChapter14EntitledBusinesses(provides provisiontoextendthehoursofoperationforminordrynightclubs) C. FirstReadingOrdinancetoAdoptFY14BudgetAmendment#1 D. ResolutionChangingtheLicenseFeeforCarWashEstablishments E. ResolutionAuthorizingtheCityManagertoFileanApplicationwiththeMarylandTransit AdministrationforGrants COMMENTSFROMTHEPUBLIC

Any person who may wish to speak on any matter at the Regular Session may be heard during CommentsfromthePublicforaperiodoffive(5)minutesorsuchtimeasmaybedeemedappropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject onwhichheorshewishestospeak.

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MayorandCityCouncilRegularSessionAgenda
11. 12. 13. COMMENTSFROMTHECITYMANAGER A. ReviewoftentativeworksessionagendaforFebruary25,2014 COMMENTSFROMTHEMAYORANDCITYCOUNCIL ADJOURN

February18,2014

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 3 APPROVAL OF MINUTES A. Work Session dated January 28, 2014 B. Regular Session #2 dated February 3, 2014 C. Work Session dated February 11, 2014

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 4 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL A. Standing Committee Reports

POLICE COMMISSION MEETING MINUTES OPEN SESSION February 10, 2014

PRESENT: Mayor Richard Meehan, Council President Lloyd Martin, Commission Chairperson Doug Cymek, Council Member Dennis Dare, City Manager David Recor, Chief Ross Buzzuro, Captain Greg Guiton, Captain Kevin Kirstein, Captain Michael Colbert, Lt. Scott Harner ABSENT: City Solicitor Guy Ayres, Director of Emergency Services Joseph Theobald

1. Call to Order at 9:08 a.m. 2. The January 13, 2013 Minutes were unanimously approved as written. 3. John Donahue of Nite Club Taxi and Charles Stooksbury of American Veterans Taxi requested the Police Commissions recommendation to increase the per mile rate from $2.20 per mile to $3.00 per mile. The current rate has been in existence since 2010. The per mile rate is split 50/50 between company and taxi driver. The taxi driver must pay for their own gas out of this rate. Gas prices about the same as in 2010; however, cost of living has risen since 2010. Owners supply vehicles and advertising. Present cost is $9.80 for the first 3 miles includes loading charge + $2.20 per mile. Average fare length in Ocean City is approximately 25 blocks, which is less than 2 miles.

A motion was made by Councilman Dare and seconded by Mayor Meehan to have Mr. Donahue and Mr. Stooksbury analyze their costs over the past four years and return to the March Police Commission meeting. The Police Commission believes it might be time for some sort of increase, preferably an incremental increase and supports further discussion. The Police Commission will review the comparative information from the taxi cab owners that they present at the March 10, 2014 meeting and then will make a recommendation to the Mayor & City Council if a change to the Ordinance is recommended. 4. Chief Buzzuro gave an update on crime statistics for the Month of January which shows that all Calls for Service are down slightly ( .4% ) from 2013. The police departments assists to the Fire Department are up most of these calls were because of weather/freezing calls. Chief Buzzuro noted that burglaries are up compared to January 2013, but through coordinated efforts with CID and patrol officers, we are seeing progress toward solving these incidents.

5. Chief Buzzuro advised the Commission that there were two CEW/Taser incidents during the month of January. On January 1, a police officer was able to gain control of an intoxicated individual; on January 24 a police officer was able to subdue an argumentative individual by displaying his CEW. No injuries to either suspects or officers during these incidents. 6. The Police Commission is in favor of using No Profanity signs on the boardwalk. The goal is to have sign verbiage alternatives at March 10, 2014 Police Commission meeting. Also suggested to contact downtown merchants to see what their interests are in the signs design. 7. Captain Gregory Guiton gave an update on testing of seasonal applicants for the 2014 summer. In 2012, the OCPD tested 601 applicants, in 2013 we tested 703 applicants and in 2014 we tested 803 applicants. Out of the 803 applicants, 646 were for seasonal police officer and 157 were for public safety aide. Captain Guiton explained the testing process which includes answering questions about drug/alcohol usage; a written test and a physical abilities test for officers. There is also an interview component to the testing process. The failure rate has remained consistent with 2013 with under 50% failing the applicant testing process. OCPD also tracks demographics of our applicants which helps us determine where to do our recruiting in following years. This year 84.44% of our applicants are male, 15.56% are female; 85.18% are Caucasian; 14.82% African-American, Hispanic or Asian. There are two seasonal police officer academies with graduation dates of May 10 and May 31, 2014.

Meeting Adjourned at 10:05 a.m. The next meeting of the Police Commission will be held on Monday, March 10, 2014 at 9:00 AM at the Public Safety Building, 6501 Coastal Highway, Ocean City, MD 21842

Tourism Commission Meeting Minutes February 10, 2014 The following individuals were in attendance: Commission Members Tourism Commission Chair and Council Secretary Mary Knight, Mayor Rick Meehan, Councilmember Dennis Dare; Chris Trimper, HMRA; Michael James, EDC; Greg Shockley, MTDB; Todd Ferrante, OCDC. Staff members present were City Manager David Recor, Donna Abbott, Tourism Director; Larry Noccolino, Convention Center Director; Lisa Osman, Tourism Department; Tom Shuster, Recreation and Parks Director; Frank Miller, Special Events. Also present were John Gehrig, Chamber of Commerce; Susan Jones, HMRA; Christina Nokes, Wine in the Park. Media representatives present were Zach Hoopes, Ocean City Today; and Joanne Shriner, Maryland Coast Dispatch. Council Secretary and Tourism Commission Chair Mary Knight called the meeting to order at 3 p.m. Approval of Minutes Councilmember Dennis Dare made a motion to approve the minutes from the January 13 meeting, seconded by Chris Trimper. The vote was unanimous. Christina Nokes from Wine in the Park announced that Wine in the Park will be held the same weekend as Arts Alive, June 13-15. She mentioned that any help with marketing the event would be greatly appreciated. Interactive Projects update Donna Abbott presented an update on interactive projects that were presented to the commission in December and approved, including the development of a new mobile site for ococean to address the increasing use of mobile devices. In the process of addressing the mobile website along with other updates to the ococean website, she said it became apparent it was time to refresh and update the overall look of the tourism website and incorporate more photos and video content. The functionality of the site will remain. It has been five years since the website was redesigned. The new content management system now in place will enable us to increase the amount of photos and videos. The site will also incorporate the collection of photos that have been posted on the Ocean City Instagram site by visitors sharing their vacations in Ocean City. A video section will have YouTube videos about events and attractions. We will also be updating the Beach Weddings page. The plan is to unveil the website and the mobile site by the week of May 19. Interactive projects also include new landing page templates for all of our signature events, along with a redesigned Boardtalk newsletter that is sent to over 70,000 people. We will be updating the golf section as well, making it more user-friendly to request

quotes from golf packagers. Additional projects will be a Facebook application as part of this years campaign and updates to the Insiders section. There were no concerns voiced by the Tourism Commission with these projects. Funding for the projects is available in the production line item of the advertising budget. Tourism Strategic Plan update Donna presented an update of the tourism strategic plan process. Eight proposals were submitted and she is in the process of reviewing them. Preliminary review shows a wide range of prices and a varied approach by respondents. Updates from other Departments & Organizations: Chamber of Commerce John Gehrig reported that the legislative session is in full force in Annapolis. He distributed a list of Chamber events to all attendees. He also reported that the Chamber is in the process of updating their website. Economic Development Committee (EDC) Michael James reported this months EDC meeting was well attended and that it was a positive exchange with the Worcester County School Superintendent by the business community who all want the schools to have a post-Labor Day start date. Greg Shockley Greg spoke about the post-Labor Day school start date task force. He said theyre trying to make superintendents realize that it is not their intention to shorten the time children go to school. His group has offered different options, such as lengthening the school day by 10 minutes. He does not believe a bill will be introduced in this session to mandate the post Labor Day start as the task force did not yet finalize its report at its last meeting. The task force will now have a final report to the Governor by June 30 and a bill may be introduced in the next session to mandate the post Labor Day school start. HMRA Susan Jones reported that the Chamber and HMRA are working with the EDC on a workforce grant that is administered through the state. They were able to receive a planning grant, so they have been able to pull together some businesses to see what the gap is in workforce needs. Wor-Wic Community College is working with them to write the grant. The Restaurant Association of the Year did their nominations and Travis Wright is in the running for Chef of the Year. HMRA has partnered with RAM this year to co-sponsor the Awards Gala, which will be held at the Hyatt for the next two years. The banquet will be held on April 6. They are hoping to bring it to Ocean City in the future. The HMRA dinner meeting is next week. HMRAs Trade Show will be held March 9-10 at the Convention Center with 400 exhibit booths. OCDC Todd Ferrante reported that OCDC has completed 146 faade projects, with nine more underway. OCDC has completed more faade projects than any other organization in the

state, including Baltimore City. They are finalizing their special events program for Sunset Park, which will kick off in June. 98.1 will be a sponsor again this year. They are planning to go before the Mayor and City Council to discuss a public art project. The Public Art Committee will have a fundraiser in March to help kick off this event, which will be held at the Captains Table Restaurant on March 22. OCDC has applied for a grant from the Community Foundation for bicycle racks for the boardwalk. Their annual newsletter will go out in the spring with the Towns newsletter. Tourism Donna Abbott announced that the new television spots will be in production the first week of March. On January 23, we sent out an eblast to promote winter deals and the new visitor guide, and it drove the highest number of single day site visits to ococean for the month of January. Facebook continues to grow. Our number of fans grew in January by over 13,000 to 637,531 fans. Convention Center Larry Noccolino reported that construction is going as scheduled. The concrete floor will be removed between March 12 - April 1, and will be about a three-week process. We are continuing to speak to promoters and in-house groups regarding the Performing Arts Center. We have booking requests that are two years out now into 2016. The Convention Center will host the Maryland Travel and Tourism Summit November 12-14, 2014. Recreation and Parks Tom Shuster reported that his department is currently working on Splash, the Recreation and Parks publication that comes out annually. They will have it ready to go to print by the end of the month and plan to distribute it in March. Special Events Frank Miller announced that there are some big changes coming in the Special Events Division. As Tom Shuster retires, there will be a restructuring of the division, and the division will be reporting directly to the City Manager as of April 1. They will be looking at relocating to the Convention Center in the future. Springfest planning is well under way. They are also working on the Halloween in Ocean City collaborative effort. Mary announced that the next meeting will be held on Thursday, March 13, at 3:00 p.m. in Room 214 at the Convention Center as the HMRA trade show will be in the convention center on March 10. The Mayor reminded everyone that the upcoming St. Patricks Day Parade is put on entirely by a volunteer organization and has become one of the biggest weekends in town between New Years and Memorial Day. It is a fund-raising event. Last year, they gave $22,000 toward high school scholarships at Stephen Decatur High School and also donated $10,000 to Coastal Hospice. They would appreciate any support that you may be able to give.

The Mayor made a motion to adjourn the meeting, seconded by Councilman Dare. The meeting adjourned at 4 p.m.

Recreation and Parks Commission February 11, 2014 1. Call to Order: The meeting was called to order at 4:00 P.M. at Northside Park. Present were Dennis Dare, Lloyd Martin, Joe Mitrecic, Tom Shuster, Frank Miller, Susan Petito, David Recor, Dave Messick, Sam Goodman and Ward Kovacs. Guests included Joanne Shriner, Zach Hoopes, Anne Cook, Jim Solomon, Shelly Dawson and Mike Foelber. 2. 3. Approval of Minutes: The minutes of January 14, 2014 were approved as presented. Stand up Paddleboard Program: Ward Kovacs presented a draft pilot program to permit the use of standup paddleboards (SUP) on the beach Monday, September 8 thru September 30, 2014 when surfing is modified. A SUP operator would be required to stay 50 yards away from swimmers and surfers and follow all applicable federal and state regulations. Furthermore, uses would be restricted to one operator per board and the operator must use a leash for the board. The Commission members and the members of the Surfing Beach Sub Committee present supported the recommendations of the Pilot Program for SUP. The Commission agreed to forward the report to the Council for consideration. Skate Park Update: Joe Mitrecic welcomed some members of the public present to listen to the presentation on data from the Skate Park. Susan Petito handed out a report summarizing activity at the Skate Park in 2013 as requested by Dennis Dare. The park had 10,329 visits in 2013 with average daily attendance of 31 skaters. The Commission asked Susan to provide a follow up report on Skate Park use at the March meeting. Private Events Equipment & Labor Use: Frank Miller presented a brief report on the Towns banner program including a pricing recommendation. The proposal draft was carried over to the March meeting. Frank also provided a draft report on Guidelines for Town-Owned Equipment and Labor Usage by Outside Entities. Frank reviewed the draft and an asset rate schedule with the Commission. The Commission will review the document and provide feedback to Frank before the March meeting. 6. 7. New Private Event Requests: Tom Shuster reported that Lisa Mitchell has no new events to present. Other Business: Joe Mitrecic reported that Mayor Meehan asked that the Parks staff investigate adding a gate to the split rail fence on 4th Street near the playground. Tom will forward the request to the Parks Staff for follow up action.

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The next meeting is scheduled for March 11th at 4:00 P.M. at NSP. The meeting adjourned at 5:27 P.M.

P:Tom/Tom/Rec & Parks Committee Meeting 2-11-2014

Ocean City Stand-up Paddle Board Pilot Program for the 2014 Season At the Recreation and Parks Commission meeting January 14, 2014 the Beach Patrol was asked to look into finding a way to safely allow operators of stand-up paddleboards (SUP) access to the ocean in September, prior to the September 30 expiration of the current beach code restrictions. The senior staff of the Beach Patrol was polled for suggestions on how to make this work and subsequently developed a proposal. The proposal was presented as a Pilot Program at the February 11 meeting of the Commission with members of the Surf Beach Sub-Committee in attendance. After a review of the Pilot Program, there was a brief discussion, followed by a unanimous vote of the Commission members to take the proposal before the full Council. SUP Pilot Program Provisions and Rules -Stand Up Paddleboards (SUP) may have full access to the ocean, to include the surf zone on days when surfing is modified starting on the Monday that follows Labor Day (Monday, September 8, 2014). This provides for 22 additional days of access over the existing code. -On days when surfing is not modified during the period from the Monday following Labor Day (September 8, 2014) to September 30 (last day of current ordinance), SUP access will be prohibited. -All SUP operators shall stay 50 yards away from all swimmers, waders and surfers while launching and beaching and while operating in the surf zone or beyond the surf zone. -Any SUP operator may be asked to return to shore if a Beach Patrol member deems their activity to be a possible hazard to the operator or other person (Pursuant to section 106-93 of the City Code). This includes, but is not limited to, hazardous weather such as lightning, or unsafe surf conditions. -SUP operators must follow all applicable state and federal laws governing stand-up paddle boards and shall have a wearable Type I, II, III or V personal floatation devise (PFD) on board and a whistle. -SUP shall be restricted to one operator/rider per board. -All SUP operators shall have a leash that attached the operator to their board whenever they are using the board in the ocean. - Once beyond the breakers as determined by the Surf Rescue Technician (SRT) on duty the, the SUP shall operate in a north or south direction parallel to the beach and no further from shore than 200 yards. - When a SUP is returning to the beach (traveling west) while the Beach Patrol is on duty, the operator shall return within 50 yards of an SRT on duty, so that the SRT can direct operator to a safe area and assist in keeping people clear until the SUP is safely under control and on the beach.

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 5. CONSENT AGENDA A. Private Event Approval Request for Shenanigans St. Pats 5K Run March 15, 2014

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5A Feb. 18, 2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Event Coordinator Shenanigans Saint Pats 5K Run Feb. 10, 2014 Request to approve the Shenanigans Saint Pats 5K Run Chris Klebe for OC TriRunning is requesting the Shenanigans Saint Pats 5K Run be approved to take place in Ocean City on Saturday, March 15, 2014 from 7 am until 10 am. This annual 5K is contained completely on the Boardwalk, concrete pad east of the Boardwalk and the perimeter of the Inlet Parking Lot. Because the Saint Patricks Day Parade will also be taking place this day, staff support is limited. Public Works cannot provide any staff for this 5K and Police can only provide limited support. Chris Klebe must be able to pick-up and drop off all city items he is requesting to use and provide his own volunteers throughout the racecourse.

ISSUE(S): SUMMARY:

FISCAL IMPACT:

Potential positive economic impact from lodging, food and beverage, recreation and other incidental expenditures related to this event. Approve the event as presented. No staff alternatives suggested. Lisa Mitchell, Private Event Coordinator All appropriate departmental staff has reviewed and the event has been coordinated with Police and Public Works. 1) 2) 3) 4) March 2013 Calendar Cover Sheet Application Layout

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

March
Sun Mon Tue Wed Thu Fri Sat 1

PE - OC Half Marathon TENTATIVE

10

11

12

13

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15

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

22

16

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18

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2014

Ocean City Special Events Private Events

Name of Event: Shenanigans St, Pats Run Date of Event: Sat., March 15, 2014 Application Fee Paid: No Total Cost to Town: $1217.28 Revenue to Town: $250.00 Date Application Received: January 8, 2014 Date Returned from All Departments: January 16, 2014 New Event: No

Things to Note: This event is a running race that will start on the Boardwalk in front of Shenanigans Pub between 3rd and 4th Streets. . The runners will head south on the Boardwalk, continue around the pier rides onto the concrete walkway and follow north to 14th Street. Then the runners will turn around and head south to the finish at Shenanigans Pub on 4th Street. The event will take place from 7am until 10am with 1,200-1,500 participants. The event organizers request the closure of 4th Street from Baltimore Ave. to the Boardwalk for registration, post-race party and awards. They will also place port-o-lets on the street end. The event organizer requests three (3) Police Officers on-site during the event. The event organizer requests 75 cones and 15 sections of metal fencing and 15 barricades from Public Works. Sponsor of the event would be Shenanigans Pub. Comments from Department Representatives: FIRE MARSHAL A permit must be obtained from the Office of the Fire Marshal. Any tents located on the street need to be placed in designated parking spaces, so emergency vehicles have access to the end of the street. Street will remain open for emergency vehicle access to the Boardwalk. Port-o-lets must also be placed in an area that does not block emergency vehicle access to the Boardwalk. POLICE DEPARTMENT - Will complete a special order for the St. Patricks Day Parade that will include this event to ensure manpower is allocated as best as possible for both events. Estimated overtime cost is $500. Due to manpower demand of the St. Patricks Day Parade, manpower availability will be minimal for this event. May be able to only dedicate three (3) officers to this event. Event coordinator will have to provide volunteers to stand along race route where the course changes to direct participants. PUBLIC WORKS Cannot provide any support as staff is already committed to the St. Patricks Day Parade. Organizer is requesting use of city property 75 traffic cones, 15 sections of metal fencing and 15 barricades. OK with this request as long as event organizer pick-up and return all items. Estimated cost to the department is $717.28. RISK MANAGEMENT Insurance certificate to be obtained and submitted prior to the event. Event sponsor is also required to have participants sign a waiver. EMERGENCY SERVICES, TRANSPORTATION, RECREATION & PARKS, TOURISM, BEACH PATROL and CONVENTION CENTER - No comments, concerns or costs.

Date on Council Agenda: February 18, 2014 Event Approved or Denied: Date Fees Received: Date Permit Issued: Amount:

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 5. CONSENT AGENDA B. Private Event Approval Request for Ravens Beach Bash May 29 - June 1, 2014

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5B Feb. 18, 2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator Ravens Beach Bash February 10, 2014 Request to approve Ravens Beach Bash Mark Elman, for the Clarion Resort Fontainebleau Hotel, requests approval of the 2014 Ravens Beach Bash on May 29-June 1, 2014. This is a Ravens fan festival with flag football games, inflatables, and a live radio broadcast by 98 Rock. Additional sponsors of the event are The Baltimore Ravens and Miller Lite. The applicant is asking for no City services in support of this event. Beach Patrol (OCBP) requests a representative from the Clarion meet with OCBP prior to setting up the event site.

ISSUE(S): SUMMARY:

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

Potential positive economic impact from lodging, food beverage, recreation and other incidental expenditures related to this event. Approve the request as presented No staff alternatives suggested Lisa Mitchell, Private Events Coordinator All appropriate departmental staff has reviewed and the event has been coordinated with Public Works and OCBP. 1) 2) 3) 4) 5) May 2014 Calendar June 2014 Calendar Cover Sheet Application Layout

May
Sun Mon Tue Wed Thu 1

Springfest

Fri 2

Springfest

Sat 3

Springfest PE KofC Procession

Springfest Knights of Columbus Procession

PE Bike-A-Thon TENTATIVE

10

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PE - Cruisin OC

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PE - Crab Soup Cookoff PE Walk MS Tentative PE Fehr/Knott Wedding PE Ride for the Feast
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PE Ravens Beach Bash - TENTATIVE

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PE - Ravens Roosts Parade PE Ravens Beach Bash - TENTATIVE

2014

June
Sun 1

PE Ravens Beach Bash - TENTATIVE

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Fri 6

PE - Longboard Challenge TENTATIVE

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PE - Longboard Challenge TENTATIVE

PE - Longboard Challenge TENTATIVE PE OC Cruzers TENTATIVE

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PE Sun Run TENTATIVE PE Wine in the Park - TENTATIVE

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PE Wine in the Park TENTATIVE Arts Alive PE - Air Show TENTATIVE PE Beach 5 Sand Soccer PE OC Cruzers TENTATIVE
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PE Firemens Pipe & Drum

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PE - Firemens Parade

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PE Wine in the Park TENTATIVE Arts Alive PE - Air Show TENTATIVE PE Sand Duels Beach Soccer TENTATIVE
21

PE Beach 5 Sand Soccer

PE Beach 5 Sand Soccer - TENTATIVE

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PE Dew Tour TENTATIVE

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PE Dew Tour TENTATIVE

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PE Dew Tour TENTATIVE

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PE Dew Tour TENTATIVE

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2014

Ocean City Private Events

Name of Event: Ravens Beach Bash Date of Event: May 29-June 1, 2014 Date Application Received: December 9, 2013 Date Returned from All Departments: January 16, 2014 Application Fee Paid: Yes Total Cost to Town: No foreseeable costs Revenue to Town: $250 New Event: No

Things to Note: This event would consist of a Ravens fan festival with flag football games, inflatables, and a live radio broadcast by 98 Rock. All set- up and breakdown will be done on June 1, 2013. The event organizers will collect and dispose of all solid waste. The event organizers will provide their own security. The event would take place on the beach in front of the Clarion Resort Fontainebleau Hotel. Expected number of participants and spectators is 500. Request to have a bonfire. Sponsors of the event are The Baltimore Ravens, Miller Lite and 98 Rock. BEACH PATROL Last year, organizers set up the event after meeting with OCBP area supervisor. Organizers were cooperative and made all necessary adjustments. Organizers must keep an emergency access lane through the area of OCBP, in case of an emergency. Would like to meet with organizers again this year, before they set-up on the beach to discuss layout based on the available space on the beach. PUBLIC WORKS All tents and equipment need to be moved at the end of the day so beach equipment can clean the beach that evening. FIRE MARSHAL Inflatable permit and bon fire permit must be obtained. RISK Insurance certificate must be submitted prior to the event. OCPD, REC & PARKS, EMERGENCY SERVICES, TRANSPORTATION, TOURISM, OCCC No comments or concerns.

Comments from Department Representatives:

Date on Council Agenda: February 18, 2014 Event Approved of Denied: Date Permit Issued: Other:

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 5. CONSENT AGENDA C. Request Approval of Taxi Medallion Transfers

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5C 02/18/2014

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 Two (2) Taxi Medallion Transfer Transactions: #149 and #132 February 12, 2014 Transfer of Taxi Medallions #132 and #149 (1) Fleet to Fleet Transfer of Medallion #132 On January 27, 2014, Vahe Hovannisyan of Coastal Cab) sold Medallion #132 to AA Beach/NiteClub Taxi (Signatory: Grazyna Soboczynska) for the amount of $4600.00. The 25% transfer fee ($1150.00) was paid and Medallion #132 is in my possession. (2) Independent to Fleet Transfer of Medallion #149 On February 4, 2014, Anatolijs Bazinovs of Beach Cruiser Taxi sold Medallion #149 to Michal Pawlowski of AA Beach/Nite Club Taxi for the amount of $5000.00. The 25% transfer fee ($1250) was paid and Medallion #149 is in my possession. Upon the transfer of #149, 16% of all medallions will be owned by independent taxi operators. The permissible ratio set by the Mayor and Council in 2010 is 15%. Note: The receipt on Attachment A reflects one payment for BOTH transfer fees.

ISSUE(S): SUMMARY:

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

Revenue: (#132 @ $1150) + (#149 @ $1250) = $2,400 Approve the transfer of Medallions #132 and #149 Exercise your right of first refusal as provisioned in Chapter 10232(b)(7)d of the Town Code. Kelly Allmond, City Clerk Sue Adkins, Accounts Receivable Manager Mike Sherman, Business License Inspector Michelle Monico, OCPD Records Manager 1) Attachment A: Bill of Sale for Medallion #132 2) Attachment B: Bill of Sale for Medallion #149 3) Attachment C: Chapter 102 32(b)(7)d of the Town Code

ATTACHMENT(S):

ATTACHMENT A

ATTACHMENT B

Municode

Page 1 of 3

ATTACHMENT C
Sec. 102-32. - Requirements.
(a) Operation of taxicabs. (1) No taxicab shall be operated within the limits of Ocean City, Maryland unless it is licensed pursuant to this article or is licensed by some other governmental agency that is merely delivering people from the jurisdiction of such other governmental agency to Ocean City. (2) No taxicab shall be operated without a medallion, in accordance with the provisions of this ordinance, when transporting passengers between points in Ocean City, a point in Ocean City to a point outside Ocean City, a point outside Ocean City to a point in Ocean City, or a point at an Ocean City owned facility to a point in or outside Ocean City. Licensing procedure. (1) The Police Commission is authorized to issue up to 175 taxicab medallions up to 85 percent to be issued to fleet holders and up to 15 percent to be issued to independent holders. (2) Taxicab medallions shall be awarded by a process the manner of which is to be determined by the mayor and city council. Payment of the medallion price under the initial process shall be ten percent at time of award, ten percent on April 15, 20 percent on May 15, June 15, July 15 and August 15. If a payment is not made on a due date, the medallion is automatically revoked. Taxicab medallions awarded after the initial process shall be payable on or at time of award. (3) Successful bidders shall provide the names and addresses used for the past five years of each member or stockholder of a corporate holder and the same information for the individual holders. Each member or individual must sign an authorization for the Police Department to perform a criminal background search and pay to the Police Department the requisite fee for such service. (4) A holder of a taxicab medallion must have the taxicab fully operational under this article within 30 days of the successful bid or the medallion must be returned to the Police Commission without a refund. The Police Commission may extend the fine for up to ten additional days, per good cause shown by the holder (5) If an operational taxicab license becomes inoperable and is not repaired and

(b)

(6)

(7)

reinspected, replaced or transferred, as herein provided, within one year, the medallion must be returned to the Police Commission without a refund. A holder of a taxicab medallion may transfer the medallion to another vehicle owned by the holder, upon notification to the Police Department, provided that such vehicle meets all requirements of this article. If a taxicab medallion is paid in full, the holder of a taxicab medallion may transfer the taxicab medallion to another holder; provided however, that a fleet holder may transfer to either a fleet holder or independent holder and an independent holder may only transfer to another independent holder to maintain at least a 15 percent holder ratio to independent holders. Any transfer of a taxicab medallion is subject to the approval of the Mayor and City Council and is subject to the following provisions: a. The proposed transferee must comply with subsection (3) of this section. b.

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c. d.

Both the transferor and the transferee shall provide the Mayor and City Council with a sworn affidavit and bill of sale attesting to the transfer price or consideration. Pay onto the Mayor and City Council a transfer fee equal to the greater of $500.00 or 25 percent of the transfer price or consideration. A right of first refusal by the Mayor and City Council of Ocean City to reacquire the usage rights of the medallion from the transferor for the proposed purchase price less the transfer fee.

(8) (c)

The annual renewal medallion fee shall be $500.00. No taxicab, licensed under this article, shall be operated without a taximeter operated in accordance with the provisions of this ordinance when transporting passengers between points in Ocean City, a point in Ocean City to a point outside Ocean City, a point outside Ocean City to a point in Ocean City, or a point at an Ocean City owned facility to a point in or outside Ocean City. (1) The Police Department will inspect, test, approve, and then seal the taximeter. (2) The taximeter must be accurate, within an error in calibration of not greater than five percent, and in operating condition. The type of meter must be approved by the Police Department. The taximeter shall be mounted on the dashboard and connected to the transmission, speedometer cable or speed sensor in a manner approved by the Police Department and must not obscure the vision of the operator or present a hazard to the passengers. The lights in the taximeter must be on to indicate the meter is operating. The taximeter reading (fare) must be visible to the passengers at all times. A taxicab driver may not charge a fare in excess of the taximeter reading. A taxicab driver may not charge a fare if the taximeter is not operating during a ride. If the taximeter breaks down, is stolen, or becomes inoperable for any reason, the Police Department will do an inspection on the new or repaired taximeter within 48 hours of the request for inspection. It is unlawful for any person to tamper with or break the taximeter seal. It shall be unlawful for any person to operate any taxicab with a broken taximeter seal. The Police Department shall inspect the taxicab taximeter annually and may conduct random inspections as needed. It shall be unlawful for any taxicab to display, internally or externally, any advertising materials, except: a. The name of the taxicab owner. b. Advertisement on exterior roof light, which does not exceed 39"L, 14"W and 15"H in size, and which is not: i. False, misleading or deceptive; ii. Sexually explicit or obscene; iii. iv. v. vi. (13) Violent in nature or illegal; Promoting tobacco products; Promoting gambling, except for Ocean Downs or the State lottery and keno Promoting alcohol products.

(3)

(4) (5) (6) (7) (8)

(9) (10) (11) (12)

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(d) (e)

As of March 1, 2007 all taxicabs shall be equipped with a "driver needs help" or "panic" light pursuant to standards established by the Police Department. A taxicab must have a minimum of four doors or be a minivan. A taxicab must have an operational heating system, and, if equipped with air conditioning the air conditioner must be operational. After March 31, 2010, no taxicab medallion will be issued for a taxicab which does not have an air conditioning system. All holders shall accept credit cards for payment of fares, provided that holders have until March 31, 2013 to be compliant. All taxicabs, licensed under this article, must be registered with the Motor Vehicle Administration of the State of Maryland. Vehicles must be registered in either the company name or the name of the business license holder. All taxicabs, licensed under this article, must file with the Town of Ocean City a certificate proving insurance coverage currently exists for the vehicle to be used as a taxicab at the time of the initial annual inspection. The coverage shall be for injury to or death of persons in accidents resulting from any cause of which the owner of the vehicle would be liable by law, regardless of whether the taxicab was being driven by the owner, employee, agent or lessee, and against damage to the property of another, including personal property, in the minimum amounts as required by the State of Maryland. The taxicab medallion holder shall have their insurance carrier name the Town of Ocean City as a "Certificate Holder" further requiring that the Town of Ocean City be notified of any cancellation or termination of insurance coverage. The cancellation or termination of any coverage or policy shall automatically terminate and revoke the taxicab medallion issued to the taxicab covered by such policy, unless another policy complying with the provisions of this section is provided and is in effect at the time of the cancellation or termination. All taxicab medallion holders, licensed under this article, shall establish policies and take action to discourage, prevent or correct violations of this chapter by taxicab drivers employed or contracting with the taxicab medallion holder. No taxicab medallion holder will allow a taxicab driver who is employed by them or whom is contracting with them to drive a taxicab, if the medallion holder knows or has reasonable cause to know that the driver has failed to comply with this chapter, any applicable local, state or federal law including any rules or regulations established by either the Mayor and City Council or the Police Commission. Every taxicab operating under this chapter shall be kept clean and sanitary according to rules and regulations which may from time to time be determined and adopted by the Police Commission. The Police Department shall ensure all taxicabs are inspected at least twice annually for compliance with this section. A taxicab medallion may be deactivated by its holder and stored at city hall for a maximum period of six months in a one year cycle. A taxicab medallion may be deactivated and reactivated one time with no fee charged, however any additional deactivation and reactivation will be subject to an administrative fee of $100.00 per vehicle per additional reactivation.

(f) (g)

(h)

(i)

(j)

(k)

(Ord. No. 2000-11, 5-1-2000; Ord. No. 2004-4, 4-5-2004; Ord. No. 2006-6, 4-3-2006; Ord. No. 2006-25, 9-26-2006; Ord. No. 2010-1, 2-16-2010; Ord. No. 2010-5, 4-5-2010; Ord. No. 2010-21, 7-6-2010; Ord. No. 2010-31, 10-182010; Ord. No. 2011-20, 6-20-2011; Ord. No. 2012-12, 3-19-2012)

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REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014

6. MISCELLEANEOUS REPORTS AND PRESENTATIONS A. Introduction of Ocean City Surf Club presented by Shelly Dawson

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 6A February 18, 2014

TO: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Ocean City Surf Club February 10, 2014 Ocean City Surf Club The Ocean City Surf Club (OCSC) formed to celebrate the heritage and future of our ocean community. Firmly rooted in the rich surf history of Delaware, Maryland and Virginia, the OCSC will support area youth through scholarships and mentoring, always fostering respect for others, the ocean and our fragile ecosystem. Young, old, local or visitor all are welcome to participate in this non-profit, beach-centered organization. The OCSC shall make an effort to enhance our community through charity, service and proactive initiatives.

ISSUE(S): SUMMARY:

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

Not applicable Not applicable Not applicable Not applicable Not applicable None

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 6. MISCELLEANEOUS REPORTS AND PRESENTATIONS B. Private Event Approval Request for OC Bikefest September 11-14, 2014

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 6B Feb. 18, 2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator OC Bikefest February 10, 2014 Request to approve OC Bikefest 2014 Kathy Micheal requests approval of the 2014 OC Bikefest, September 11-14, 2014. The 4th annual OC Bikefest will consist of motorcycle accessory vendors, artist vending, musical entertainment, and drill teams with food and beverage being sold. Event requests are the same as in previous years. The MOU was created based on the submitted application, the applicants requests and staffs response to those requests. The only addition to this years MOU is set-up dates and times for the Inlet Lot and the Convention Center. There is a planning meeting with the event coordinator and town staff scheduled for Tuesday, February 18, at 1:00 pm to further discuss coordination of OC Bikefest.

ISSUE(S): SUMMARY:

FISCAL IMPACT:

The town provides significant support this event. In return, the coordinator pays the town $85,000 for use of the Sunfest site at the Inlet parking lot and a $25,000 rental fee for the Convention Center. Potential positive economic impact from lodging, food beverage, recreation and other incidental expenditures related to this event.

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

Approve event and Memorandum of Understanding as presented. No staff alternatives suggested. Lisa Mitchell, Private Events Coordinator All appropriate departmental staff has reviewed and the event has been coordinated with all departments involved. 1) 2) 3) 4) September 2014 Calendar Draft MOU Application Attachment 1 & 2

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

PE Miata Parade TENTATIVE

Sat 6

10

PE 911/Parade of Brothers PE BikeFest TENTATIVE Sunfest PE Sunfest Kite Fest

18

11

PE BikeFest TENTATIVE

12

PE BikeFest TENTATIVE

13

PE BikeFest TENTATIVE

14

15

16

17

Sunfest PE Sunfest Kite Fest

19

Sunfest PE Sunfest Kite Fest

20

Sunfest PE Sunfest Kite Fes

21

22

23

24

25

PE - Winefest on the Beach

26

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

27

28

29

30

2014

DRAFT
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 KATHY MICHEAL FOR OC BIKEFEST 2014 SUBJECT: OC BIKEFEST 2014 AS OF 02/10/14 1. Purpose. This Memorandum of Understanding (MOU) defines the terms by which OC Bikefest 2014 shall be presented, provides the dates of OC Bikefest and identifies what each party shall accomplish and by what dates. The Private Event Application and all signed disclosers submitted by Kathy Micheal shall be incorporated into this MOU by reference. 2. Request for Permission to Conduct Event. Kathy Micheal has approached the Town of Ocean City (TOC) with a Private Event Application requesting permission to conduct OC Bikefest in Ocean City during the dates of September 11 14, 2014. 3. Event Summary. This event uses the Sunfest site set up at the inlet lot as well as portions of the Convention Center for Bike-related live entertainment, demonstrations, vendors, food, beer and parties. The OC Bikefest Headquarters will be located at the Ocean City Convention Center and the inlet lot will be an accessory site. 4. Scope. This Memorandum of Understanding (MOU) includes the planning, coordination and execution of OC Bikefest 2014 and identifies tasks/responsibilities for each party. This MOU shall remain in force until terminated by either party. 5. Financial Agreement. OC Bikefest will pay the Town $85,000 support fee for the use of the Sunfest site at the inlet lot and $25,000 rental fee for the Ocean City Convention Center. A completed contract with the Convention Center Director will be a part of this MOU by reference. OC Bikefest may apply to the Tourism Advisory Board (TAB) for supplement funds. Services requested by the OC Bikefest Promoter shall be approved by the City Manager. 6. The attached site diagrams shall be a part of this MOU. Amendment of this diagram requires approval of the City Manager.

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DRAFT
7. The following identifies the specific support responsibilities of Kathy Micheal for OC Bikefest: a. Coordination of all event advertising and promotional supplements with the Director of Tourism. b. Complying with the Sunfest/OC Bikefest timeline. c. OC Bikefest may solicit, secure or change its sponsorships so long as it complies with the Towns beverage and sun care product sponsorships. Sponsorships shall not include drugs, sex or tobacco. Alcohol or gambling sponsorships are permissible provided no messages encourage the act of gambling or promote the consumption of alcohol. Alcohol-related messages must be used as a positive teaching public service announcement, i.e. beer name Drink Responsibility. d. Paying all OC Bikefest invoices by October 31, 2014. All invoices for this event must reflect OC Bikefest. e. Keeping the Mayor and City Council fully informed of actions related to OC Bikefest by appearing before them a minimum of once every 90 days from completion of MOU to the completion of the event. f. In the event of damage to Town of Ocean City or Select Events Rentals equipment, OC Bikefest shall pay up to $10,000 of the insurance policy deductible for the Town of Ocean City or Select Events Rental. g. Complying with all State, County and City ordinances and codes. h. Acquiring permits required by the Town and other agencies i.e. Highway, Parks, Fire Marshal, County Health and Alcohol. i. Manage all trash within the site moving it to TOC dumpsters at no cost to the Town. All trash will be placed in receptacles. j. Insurance required by the Town. $1,000,000.00 general liability insurance. The Mayor and City Council must be listed as the additional insured on the Event policy. This document must be filed with the Towns Risk Manager prior to any permit being issued. k. OC Bikefest will not be asking for beer to be sold in the Convention Center parking lot. However, OC Bikefest will permit the Town to sell beer in a gated area. The Town will be responsible for gating and security to age identify. If the Town does not sell beer, OC Bikefest will ask a not for profit organization to sell beer. l. OC Bikefest is required to have contracted event security for all days/nights of the event from Monday, September 8th at 7:00 a.m. through Monday, September 15th at 7:00 a.m. m. OC Bikefest is permitted to loadin at the Inlet Lot on Monday, September 8 thru 10, 2014 from 7:00 am until 7:00 pm n. OC Bikefest is permitted to begin load-in at the Ocean City Convention Center on Wednesday, September 4, 2014 at 4:00 pm. o. Breakdown of the event site must be complete by midnight Sunday, September14, 2014. p. OC Bikefest will limit merchandise for sale to official OC Bikefest merchandise only.

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q. Providing portable toilets for the expected attendance with twice-daily servicing. r. Full disclosure of Event expenses and revenues. s. Pass a Fire/Safety inspection by the Office of the Fire Marshal. t. OC Bikefest shall maintain 20 fire lanes in all areas of the inlet and Convention Center lots. u. OC Bikefest shall, at its expense, provide contracted EMS resources to support the Convention Center site. Transportation fees are the responsibility of the individual or OC Bikefest. v. OC Bikefest shall provide a complete list of vendors 30 days prior to the start of this event. 8. The following identifies the specific responsibilities of the Town of Ocean City: a. Advertising as agreed to by the Town. b. Providing in-kind services as determined by the Town. c. Town of Ocean City will enforce all policies, procedures, rules and regulations. d. Ocean City Police Department will control access to the inlet site at South First Street. Promoter shall control vehicle parking, maintaining 20 fire lanes at all times. e. The Sunfest site at the inlet lot, as set up from Monday September 8 at 7:00 a.m. to Sunday, September 15 at midnight, will include: 1) 2 each 80 x 300 arts and craft tents with booths, electric and lighting installed. The equipment in these tents may not be modified. 2) 1 each 80 x 195 food tent with booths, electric and lighting installed. The equipment in this tent may not be modified. 3) 2 each 20 x 120 tents (Gourmet and Demonstrating Artist) with booths, electric and lighting installed. The equipment in these tents may not be modified. 4) 2 each 20 x 20 tents (OC Fire Company and Event Retail) with lights and electric installed. 5) 1 each 100 x 200 entertainment tent with a 40 x 40 stage installed. The equipment in this tent may not be modified. 6) 1 each 60 x 70 back stage tent with 3 each office trailers installed. The equipment in this tent may not be modified. 7) 1 each 30 x 45 outdoor stage tent with 24 x 24 stage with electric installed. The equipment in this tent may not be modified. 8) OC Bikefest shall pay up to $10,000 of the insurance deductible for any loss to the Towns contractor, Select Events. 9) The use of available metal fencing (with feet) available. 10) Town operated paid parking will be suspended from Monday, September 8 thru and including Sunday, September 14, 2014. 11) Four (4) each beer sites (barrels and counters).

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DRAFT
12) 13) Complying with the OC Bikefest/Sunfest Timeline. Permitting OC Bikefest to serve beer and malt beverages (not to exceed 22% alcohol per volume) within the fenced Sunfest site from 11:00 a.m. to 8:00 p.m. daily with the exception of Sunday, when the hours are 12:30 p.m. to 5:00 p.m., subject to approval of the Worcester County Board of Licensed Commissioners. Providing police support, maintaining the beach, public transportation and trash removal. Providing Emergency Operations and response. The Ocean City Fire Company will provide one staffed EMS crew for the inlet lot site during the 4 days of the event. Transportation fees are the responsibility of the individual or OC Bikefest. A full bus schedule will be in operation during OC Bikefest. OC Bikefest attendees with approved wrist bands will ride City buses for free. The Park and Ride will be open with buses operating.

14) 15) 16)

17) 18) 19)

10. The term of the Agreement shall be for 1 year and will terminate on October 1, 2014. 11. Optional Security Provision. In the event of exigent circumstances arising during the course of the Private Event, the Town may, at its sole discretion, deploy or divert such public safety personnel and resources as deemed necessary. The Private Event promoter shall be responsible for the cost of the public safety personnel and resources provided in this case. 12. The Town of Ocean City may at its discretion at any time and without any financial liability cause the evacuation of the site(s) and/or the dismantling of the site(s). 13. The Town will receive no portion of the OC Bikefest revenue. 14. The Special Events Superintendent of the Town of Ocean City shall serve as the Towns agent for the planning, coordination and execution of Sunfest/OC Bikefest. Kathy Micheal shall serve as the agent for the OC Bikefest. Should any terms of this MOU not be met or should the tasks identified in the Timeline not be accomplished on schedule, the Town of Ocean City may terminate this agreement at its discretion without penalty. 15. This MOU is effective when signed below and may be terminated by either party at any time. However, the terminating party shall reimburse the non-terminating party for all out-of-pocket costs to date, unless noted otherwise. 16. Termination: This Agreement shall be effective when signed below and may be terminated by either party in the event of material breach. Before such termination, the party citing material breach shall give breaching party thirty (30) days written notice and an opportunity to cure the breach with such period. In the event of termination the

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DRAFT
terminating party shall reimburse the non-terminating party for all out-of-pocket costs to date. 17. 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.

Kathy Micheal OC Bikefest

David L. Recor City Manager For the Mayor and City Council

Date___________________

Date___________________

Page 5 of 5

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 6. MISCELLEANEOUS REPORTS AND PRESENTATIONS C. Request to Approve Public Art Sculpture near Route 90 Bridge Entrance presented by OCDC Public Art Committee

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 6C 2/18/14

TO: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Public Art Sculpture February 11, 2014 Request to install a new public art sculpture on City property. The OCDC and its Public Art Committee request to install a public artwork showing three dolphins on a base on city property near the southwest corner of Route 90 and Coastal Highway in Ocean City. The OCDC is requesting the Town to provide materials and labor for uplighting at the site for the public artwork, assist with the installation and clean & wax the bronze sculpture once per year. OCDC will purchase artwork and pay artist to deliver and assist in installation of artwork at site. Refer to Mayor and Council Not applicable Matt Margotta, Director, Planning & Community Development Hal Adkins, Director, Public Works Dept. Terry McGean, Director, Engineering Dept. Tom Shuster, Director of Recreation & Parks Dept. Lauren Taylor, OCDC Public Art Committee Vicki Barrett, OCDC Public Art Committee Glenn Irwin, OCDC Executive Director 1) Project description 2) Aerial of proposed general location 3) Illustration of sculpture

ISSUE(S): SUMMARY:

FISCAL IMPACT:

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF:

COORDINATED WITH:

ATTACHMENT(S):

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 8 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF A. OCPD 2013 End-of-Year Report presented by Chief Ross Buzzuro

25166

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 8A February 18, 2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Chief Ross Buzzuro 2013 Year-End Report of the Ocean City Police Department February 18, 2014 OCPD 2013 Year-End Report The Police Department is pleased to present its 2013 Year-End Report. The report highlights statistics, achievements and major accomplishments that occurred during calendar year 2013. A PowerPoint presentation will summarize the report which will be publicly released on the OCPD website following this presentation.

ISSUE(S): SUMMARY:

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

Not applicable Not applicable Not applicable Chief Ross Buzzuro and Staff Not applicable Report to be released on OCPD website following presentation

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 9 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading Ordinance 2014-01 Authorizing the Refunding of 2004 Bonds

TOWN OF

The White Marlin Capital of the World

Agenda Item# Council Meeting 9A February 18, 2014

TO: THRU: FROM: RE: DATE: ISSUE(S): SUMMARY:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Martha Bennett, Finance Administrator Second reading of ordinance to refund 2004 bonds February 4, 2014 Second reading of Ordinance 2014-01 This is the second reading of Ordinance 2014-01 to refund the Mayor and City Council of Ocean City Municipal Purpose Refunding Bonds of 2004. Savings of an estimated $133,730 for FY15 and $500 in FY16 and FY17. Pass the ordinance on second reading of ordinance and proceed with the bond sale. No action. Bonds mature as scheduled. Martha Bennett, Finance Administrator Guy Ayres, City Solicitor Cheryl Guth, Bond Counsel Ordinance 2014-01

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

FIRST READING: 02/03/2014 SECOND READING: 02/18/2014 MAYOR AND CITY COUNCIL OF OCEAN CITY ORDINANCE NO. 2014-___ AN ORDINANCE to authorize and empower Mayor and City Council of Ocean City to issue and sell, upon its full faith and credit, its general obligation bond in an aggregate principal amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000), pursuant to the authority of Section 19-207 of the Local Government Article of the Annotated Code of Maryland (2013 Volume) and Section C-719 of the Charter of Mayor and City Council of Ocean City, as amended, to be designated as General Obligation Refunding Bond, Series 2014A, said bond to be issued and sold for the public purposes of (i) refunding all or a portion of the Mayor and City Council of Ocean City Municipal Purpose Refunding Bonds of 2004 maturing on or after March 1, 2015 and (ii) paying the costs of issuance of said bond, which expenses include costs of document production and reproduction, and financial advisory and counsel fees and expenses; providing for the sale of said bond by private negotiated sale without advertisement or publication of notice of sale; prescribing the form and tenor of said bond; determining other matters relating to the issuance and sale of said bond; providing for the disbursement of the proceeds of said bond; providing that the proceeds of said bond, or any moneys which may be deemed to be proceeds, will not be used in a manner which would cause said bond to be arbitrage bond; covenanting to levy and collect all taxes necessary to provide for the payment of the principal of and interest on said bond; and generally relating to the issuance, sale and delivery of said bond. RECITALS The authority for the powers herein exercised is contained in Section C-719 of the Charter (the Charter) of Mayor and City Council of Ocean City (the City) and in Section 19207 of the Local Government Article of the Annotated Code of Maryland (2013 Volume) (the Enabling Act, and together with the Charter, the Authorizing Legislation). The Authorizing Legislation authorizes and empowers the City to borrow money for certain public purposes and to evidence such borrowing by the issuance and sale of its general obligation bonds in accordance with the procedure prescribed by the Authorizing Legislation, subject to the limitation that no bond shall be issued by the City pursuant to the authority of the Authorizing Legislation if, by the issuance thereof, the total bonded indebtedness of the City

represented by its bonds payable from its general tax revenues then would exceed the amount permitted pursuant to the Authorizing Legislation. The City proposes to spend the proceeds of the Bond (as defined below) (i) to refund all or a portion of the Mayor and City Council of Ocean City Municipal Purpose Refunding Bonds of 2004 maturing on or after March 1, 2015 (the 2004 Bonds) and (ii) to pay the costs of issuing the Bond, which expenses include costs of document production and reproduction, and financial advisory and counsel fees and expenses. The Authorizing Legislation authorizes the City to issue bonds for the purpose of refunding outstanding bonds issued by the City in order to realize debt service savings or for other reasons set forth in the Authorizing Legislation. The City has determined that the City will realize savings in the total cost of debt service on either a direct comparison or present value basis by refunding all or a portion of the 2004 Bonds. The Charter contains no limitations upon the rate at which ad valorem taxes may be levied by the City for the payment of the principal of and interest on said bonded indebtedness. Since the adoption of Article XI-E as an amendment of the Constitution of Maryland, the General Assembly has passed no law proposing a limitation upon the rate at which taxes may be levied by the City, or a limitation upon the amount of bonded indebtedness which may be incurred by the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY, that: Section 1: Acting pursuant to the authority of the Authorizing Legislation, the City

hereby determines that the net proceeds from the sale of its General Obligation Refunding Bond, Series 2014A, authorized to be issued and sold by this Ordinance, shall be used and applied for

the public purposes of (a) refunding all or a portion of the Mayor and City Council of Ocean City Municipal Purpose Refunding Bonds of 2004 maturing on or after March 1, 2015 (the 2004 Bonds) and (b) paying the costs of issuing the Bond (as defined below), which expenses include costs of document production and reproduction, and financial advisory and counsel fees and expenses, all as stated in the Recitals to this Ordinance. Section 2: The City is hereby authorized to borrow money and incur indebtedness for

the purposes set forth in the Recitals and Section 1 of this Ordinance. To evidence such borrowing and indebtedness and acting pursuant to the authority of the Authorizing Legislation, the City shall issue and sell, upon its full faith and credit, its general obligation bond in an aggregate principal amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000), said bond to be designated as General Obligation Refunding Bond, Series

2014A (the Bond), the net proceeds of such sale to be used and applied as provided in this Ordinance. Section 3: The Bond shall be executed in the name of the City and on its behalf by

the Mayor. Such signature of the Mayor shall be manual or shall be imprinted on such Bond by facsimile; an imprint of the corporate seal of the City (or a facsimile thereof) shall also be affixed thereon, attested by the manual or facsimile signature of the City Clerk of the City (the City Clerk); all in accordance with and pursuant to the authority of the Maryland Uniform Facsimile Signature of Public Officials Act. In the event any official whose signature shall appear on the Bond shall cease to be such official prior to the delivery of the Bond, or in the event any such official whose signature shall appear on the Bond shall have become such after the date of issue thereof, the Bond shall nevertheless be a valid and legally binding obligation of the City in accordance with its terms.

Section 4:

Except as provided hereinafter or in resolutions or ordinances of the City

adopted prior to the issuance and delivery of the Bond, the Bond shall be substantially in the form set forth in Exhibit A. Appropriate variations and insertions may be made to provide dates, numbers and amounts, and modifications not altering its substance may be made by the Mayor to carry into effect the purposes of this Ordinance or to comply with the recommendations of legal counsel or the financial advisor to the City (the Financial Advisor). Such form and all of the covenants therein contained are hereby adopted by the City as and for the form of obligation to be incurred by the City, and such covenants are hereby made binding upon the City, including the promise to pay therein contained. Section 5: The City hereby determines that it is in the public interest to sell the Bond

at private sale without advertisement or publication of a notice of sale. The City shall solicit proposals for the purchase of the Bond from one or more financial institutions. In connection therewith, the Mayor and the Finance Administrator of the City (the Finance Administrator) are authorized to (i) prepare a request for proposals or similar documents with the assistance of the Financial Advisor, (ii) solicit proposals from banks or other financial institutions recommended by the Financial Advisor for the purchase of such Bond, (iii) make all necessary arrangements for the tabulation and comparison of the proposals received, including the employment of specially qualified personnel, if necessary, to determine the proposal which has the most advantageous terms for the City, and (iv) negotiate the terms of the sale of the Bond with one or more banks or financial institutions submitting proposals. The Mayor, after

considering any recommendations of the Financial Advisor, may also approve the form of, and authorize the Finance Administrator to execute and deliver on behalf of the City, a purchase agreement for the Bond, to the extent required with respect to the Bond. All actions taken by the

officers and employees of the City to solicit proposals for the purchase of the Bond and to redeem the 2004 Bonds are hereby ratified and approved. Section 6: The City shall sell the Bond to the financial institution submitting the

proposal for the Bond that is in the best interests of the City (the Successful Bidder), as determined by the Mayor and the Finance Administrator with the assistance of the Financial Advisor. Promptly upon the determination of the Successful Bidder, the sale of the Bond to the Successful Bidder shall be approved by executive order of the Mayor. Such executive order shall also fix and determine the final principal amount of the Bond, the maturity schedule therefor, the interest rate to be borne by the Bond and other details of the Bond. Notwithstanding the foregoing, the Mayor may determine, based upon the advice of the Financial Advisor, to reject all proposals received and to solicit proposals for the purchase of the Bond at a future time or times, as market conditions warrant. Section 7: The Mayor is expressly authorized and empowered to take any and all

action necessary to complete and close the award, sale and delivery of the Bond to the Successful Bidder, including, without limitation, making such changes or modifications in the form of the Bond approved hereby as may be necessary or appropriate to comply with the Successful Bidders proposal. Section 8: The proceeds of the sale of the Bond shall be paid directly to the Finance

Administrator. The Finance Administrator shall pay from the gross proceeds received from the sale of the Bond all costs of issuing the same, including costs of document production and reproduction, and financial advisory and counsel fees and expenses. The Finance Administrator shall use the balance of the proceeds from the sale of the Bond, and any investment earnings thereon, to redeem the 2004 Bonds on the earliest practicable date. Prior to expenditure of such

proceeds, the same or any part thereof shall be invested by the Finance Administrator, with the approval of the Mayor, in any authorized investment of the City. In addition, if the funds

derived from the sale of the Bond shall exceed the amount needed to refund the 2004 Bonds and to pay the costs of issuing the Bond, the funds so borrowed and not expended as provided by this Ordinance shall be set apart in a separate fund by the Finance Administrator and applied in payment of the next principal maturity of the Bond. Section 9: In order to provide for the payment of the principal of and interest on the

Bond when due, there shall be appropriated in the next ensuing fiscal year of the City and in each fiscal year thereafter, so long as the Bond is outstanding and unpaid, or until a sufficient fund has been accumulated and irrevocably set aside for such purpose, an amount sufficient to meet the debt service on the Bond coming due in such fiscal year and there shall be levied ad valorem taxes upon all property within the corporate limits of the City subject to assessment for full City taxes, in rate and amount sufficient in each such fiscal year, together with other funds which the City has appropriated for such purposes, to fund such appropriations and to provide, to the extent necessary, for the payment when due of the principal of and interest on the Bond maturing in each such fiscal year. In the event the proceeds from the taxes so levied in each such fiscal year shall prove inadequate for the above purposes, additional taxes shall be levied in the subsequent fiscal year to make up any deficiency. To assure the performance by the City of the provisions of this Section, the full faith and credit and unlimited taxing power of the City are hereby irrevocably pledged to the payment to maturity of the principal of and interest on the Bond as and when the same matures and becomes payable and to the levy and collection of the taxes hereinabove described as and when such taxes may become necessary in order to provide sufficient funds to meet the debt service requirements

of the Bond; this pledge is made hereby for the benefit of the holder, from time to time, of the Bond. The City hereby solemnly covenants and agrees with the holder of the Bond to levy and collect the taxes hereinabove described and to take any other action that may be appropriate from time to time during the period that the Bond remains outstanding and unpaid to provide the funds necessary to make principal and interest payments thereon when due. Section 10: The Mayor and the Finance Administrator shall be the officers of the City

responsible for the issuance of the Bond within the meaning of the Arbitrage Regulations (defined below). The Mayor and the Finance Administrator shall also be the officers of the City responsible for the execution and delivery (on the date of issuance of the Bond) of a certificate of the City (the Tax and Section 148 Certificate) which complies with the requirements of Section 148 of the Internal Revenue Code of 1986, as amended (Section 148), and the applicable regulations thereunder (the Arbitrage Regulations), and such officials are hereby authorized and directed to execute the Tax and Section 148 Certificate and to deliver the same to Bond Counsel on the date of the issuance of the Bond. The City shall set forth in the Tax and Section 148 Certificate its reasonable expectations as to relevant facts, estimates and circumstances relating to the use of the proceeds of the Bond, or of any monies, securities or other obligations on deposit to the credit of any account of the City which may be deemed to be proceeds of the Bond pursuant to Section 148 or the Arbitrage Regulations (collectively, Bond Proceeds). The City covenants with the holder of the Bond that the facts, estimates and circumstances set forth in the Tax and Section 148 Certificate will be based on the Citys reasonable expectations on the date of issuance of the Bond and will be, to the best of the certifying officials knowledge, true and correct as of that date.

The City covenants with the registered owner of the Bond that it will not make, or (to the extent that it exercises control or direction) permit to be made, any use of the Bond Proceeds which would cause the Bond to be an arbitrage bond within the meaning of Section 148 and the Arbitrage Regulations. The City further covenants that it will comply with Section 148 and the Arbitrage Regulations which are applicable to the Bond on the date of issuance of the Bond and which may subsequently lawfully be made applicable to the Bond as long as the Bond remains outstanding and unpaid. The Mayor and the Finance Administrator are hereby

authorized and directed to prepare or cause to be prepared and to execute, respectively, any certification, opinion or other document, including, without limitation, the Tax and Section 148 Certificate, which may be required to assure that the Bond will not be deemed to be an arbitrage bond within the meaning of Section 148 and the Arbitrage Regulations. All officers, employees and agents of the City are hereby authorized and directed to take such actions, and to provide such certifications of facts and estimates regarding the amount and use of the proceeds of the Bond as may be necessary or appropriate from time to time to comply with, or to evidence the Citys compliance with, the covenants set forth in this Section. The City further covenants with the registered owner of the Bond that it shall make such use of the proceeds of the Bond, regulate the investment thereof, and take such other and further actions as may be required to maintain the excludability from gross income for federal income tax purposes of interest on the Bond. The Mayor may make such covenants and agreements in connection with the issuance of the Bond as he shall deem advisable in order to assure the registered owner of the Bond that interest thereon shall be and remain excludable from gross income for federal income tax purposes, and such covenants and agreements shall be binding on the City so long as the

observance by the City of any such covenants or agreements is necessary in connection with the maintenance of the exclusion of the interest on the Bond from gross income for federal income tax purposes, including (without limitation) covenants or agreements relating to the investment of Bond Proceeds, the payment of certain earnings resulting from such investment to the United States, limitations on the times within which, and the purposes for which, Bond Proceeds may be expended, or the use of specified procedures for accounting for and segregating Bond Proceeds. Any covenant or agreement made by the Mayor or the Finance Administrator pursuant to this paragraph may be set forth in or authorized by the Tax and Section 148 Certificate or an order executed by the Mayor. Section 11: The City hereby designates the Bond as a qualified tax-exempt

obligation for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Section 12: Pursuant to the authority of this Ordinance, all officers, employees and

agents of the City may take such actions and execute and deliver such documents as are necessary or appropriate from time to time to provide for the issuance, sale and delivery of the Bond. Section 13: This Ordinance shall take effect from the date of its approval by the

Mayor, on or following the date of its final passage. [signatures appear on next page]

THIS ORDINANCE was introduced and read at a meeting of the Mayor and City Council held on the __ day of _________________, 2014, and thereafter, a statement of the substance of the Ordinance having been published as required by law, was finally passed by the Mayor and City Council on the ___ day of ___________________, 2014.

Lloyd Martin, President of the City Council

Approved by me this ____ day of __________________, 2014.

Kelly L. Allmond, City Clerk Approved as to form by:

Richard W. Meehan, Mayor

Guy R. Ayres, III, Town Attorney

Mary Knight, Secretary of the City Council

10

EXHIBIT A Form of Bond No. R.--1 UNITED STATES OF AMERICA STATE OF MARYLAND MAYOR AND CITY COUNCIL OF OCEAN CITY GENERAL OBLIGATION REFUNDING BOND, SERIES 2014A Interest Rate Per Annum _____% REGISTERED OWNER: PRINCIPAL AMOUNT DOLLARS Maturity Date Date of Original Issue ______________, 2014 $_______

Mayor and City Council of Ocean City (the City), a municipal corporation created and existing under the laws of the State of Maryland, hereby acknowledges itself indebted, and, for value received, promises to pay to the Registered Owner shown above or registered assigns or legal representatives, the principal amount hereof in installments on the dates and in the amounts set forth herein, with interest on the outstanding principal amount hereof at the Interest Rate per annum shown above, such interest payable semi-annually on the first day of ________ and ________ in each year, to the person in whose name this Bond is registered (the Registered Owner) on the Bond Register (hereinafter defined) as of the close of business on the fifteenth (15th) day of the month next preceding each interest payment date. Both principal of and interest on this Bond are payable in lawful money of the United States of America. The principal of and interest on this Bond are payable by check or by wire transfer mailed or sent to the Registered Owner hereof without presentation and surrender except for the final payment of principal and interest which shall be payable upon presentation and surrender hereof at the office of the Finance Administrator of the City (the Finance Administrator). If any payment is due hereunder on a day on which the City or banks in the State of Maryland and/or the state in which the holder of this Bond is located are closed, the City will not be required to make payment until the next succeeding business day, and no interest will accrue on such payment in the intervening period. This Bond is issued pursuant to and in full conformity with the provisions of Section C-719 of the Charter (the Charter) of the City and Section 19-207 of the Local Government Article of the Annotated Code of Maryland (2013 Volume) (the Enabling Act, and together with the A-1

Charter, the Authorizing Legislation) and by virtue of due proceedings had and taken by the Council of the City, particularly Ordinance No. 2014-___ adopted on the ___ day of _______, 2014 (the Ordinance). This Bond matures in installments on the first day of _______ in each of the years 20__ to 20__, inclusive, as follows: Year of Maturity Principal Amount Year of Maturity Principal Amount

This Bond is hereby designated as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. This Bond may be transferred only by an assignment duly executed by the Registered Owner hereof or such owners attorney or legal representative in the form attached hereto or such other form satisfactory to the Finance Administrator, acting as bond registrar (the Bond Registrar). Such transfer shall be made in the registration books kept by the Bond Registrar upon presentation and surrender hereof and the City shall execute, and the Bond Registrar shall deliver in exchange, a new Bond having an equal aggregate principal amount, of the same form and maturity, bearing interest at the same rate, and registered in such name as requested by the then Registered Owner hereof or such owners attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Bond Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The City shall treat the Registered Owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner hereof. The full faith and credit and unlimited taxing power of the City are hereby irrevocably pledged to the prompt payment of the principal of and interest on this Bond according to its terms, and the City does hereby covenant and agree to pay the principal of this Bond and the interest thereon, at the dates and in the manner mentioned herein, according to the true intent and meaning thereof. A-2

It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of Maryland, the Charter of the City and the Ordinance to exist, to have happened or to have been performed precedent to or in the issuance of this bond, exist, have happened and have been performed, and that this bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by said Constitution or statutes or Charter, and that due provision has been made for the levy and collection of an ad valorem tax or taxes, to the extent necessary, upon all legally assessable property within the corporate limits of the City in rate and amount sufficient to provide for the payment, when due, of the principal of and interest on this bond. IN WITNESS WHEREOF, this bond has been executed by the manual or facsimile signature of the Mayor of the City, which signature, if by facsimile, has been imprinted hereon, the corporate seal of the City (or a facsimile thereof) has been imprinted hereon, attested by the manual or facsimile signature of the City Clerk of the City all as of the Date of Original Issue set forth above. [SEAL] MAYOR AND CITY COUNCIL OF OCEAN CITY By: (manual or facsimile signature) Mayor

ATTEST: (manual or facsimile signature) City Clerk

A-3

(Form of Assignment) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto _________________ the within bond and all rights thereunder, and does hereby constitute and appoint _______________________ to transfer the within bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: __________________________ Notice: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. Signature Guarantee:

___________________________________ (Please insert social security or other identifying number of assignee)

Note: Signature(s) must be guaranteed by an eligible guarantor institution meeting the requirements of the Bond Registrar, which requirements include membership or participation in STAMP or such other signature guaranty program as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.

______________________________________________________________________________ The following abbreviations, when used in this bond, shall be construed as though they were written out in full according to applicable laws or regulations: UNIF TRANS MIN ACT as tenants in common TEN COM TEN ENT as tenants by the entireties JT Ten as join tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list.

A-4

I hereby certify that this is a true and exact copy of Ordinance 2014-___

Kelly L. Allmond, City Clerk Town of Ocean City

53930889_1.DOCX

A-5

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 9 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR B. Second Reading - Ordinance 2014-02 to Amend Chapter 14 Entitled Businesses (provides provision to extend hours of operation for minor dry nightclubs)

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 9B February 18, 2014

TO: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Second reading of ordinance pertaining to dry nightclub hours of operation January 29, 2014 Second reading of Ordinance 2014-02 Current code does not provide a provision to allow a change in the hours of operation for minor dry nightclubs, currently 4:00 p.m. to 12:45 a.m. Ordinance 2014-02 authorizes the Mayor and Council to extend the hours of operation of a minor dry nightclub if it is determined that public safety will not be jeopardized.

ISSUE(S): SUMMARY:

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

Not applicable Ratify ordinance. Do not change current Code. Not applicable Guy Ayres, City Solicitor Ordinance 2014-02

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 9 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR C. First Reading Ordinance to Adopt FY14 Budget Amendment #1

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 9C 2/18/14

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 First reading of ordinance for FY 14 Budget Amendment # 1 2/11/14

ISSUE(S): SUMMARY:

First reading of ordinance for FY 14 Budget Amendment # 1 The budget amendment appropriates an additional $1.6 million from fund balance to cover Council approved expenditures for canal dredging, street paving, maintenance items, and the purchase of an ambulance and a boardwalk sweeper. An additional $530,000 of appropriated fund balance is included to cover items included in the FY 13 budget, but not purchased. Items included are the Towns local match for the Self-Contained Breathing Apparatus for the Fire Company, TAB funds and prior year purchase orders. Recognition of grants including the State Tourism grant and County grants exceeding the budgeted amount are included in the amendment as well. Parking revenue estimates are reduced to account for meters that have been removed. The amount taken from prior year reserves (fund balance) increases $2,138,351 from $247,066 in the FY 14 Adopted budget to $2,385,417. Fund balance remains at or above the 15% of annual expenditures policy target. Appropriations of $1.6 million to cover capital projects, maintenance items and vehicles were approved by the Council on October 1, 2013. Pass ordinance for second reading. None Jennie Knapp, Budget Manager Not applicable 1) Ordinance 2) Detail of changes

FISCAL IMPACT:

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

ORDINANCE 2013TOWN OF OCEAN CITY OPERATING BUDGET FISCAL YEAR 2014

SOURCE Section I, General Fund: A. Anticipated Revenue: Property Taxes Other Taxes Licenses and Permits Revenue From Other Agencies Charges For Services Fines and Forfeitures Other Revenue Prior Year Reserves Total Revenue B. Anticipated Expenditures: General Government Public Safety Public Works/Beach Maintenance Sanitation and Waste Removal Highways and Streets Economic Development -Tourism Culture and Recreation Debt Service Sub Total To Transportation Fund To Airport Fund To Convention Center Fund To Vehicle Trust Fund To Capital Projects Total Expenditures

ADOPTED FY-2014

AMENDMENT # 1 FIRST READING

CHANGES

42,112,140 $ 15,659,800 3,933,750 4,483,944 9,459,955 735,000 414,676 247,066 77,046,331 $ 3,927,693 $ 33,223,791 4,950,449 5,622,596 4,935,383 6,895,684 7,459,174 5,314,444 72,329,214 $ 1,722,688 235,932 1,355,260 0 1,403,237 77,046,331 $

42,112,140 $ 15,893,153 3,986,656 5,761,876 9,217,805 752,238 431,285 2,385,417 80,540,570 $ 3,879,285 $ 34,089,043 5,137,758 5,645,750 5,175,780 7,735,561 7,534,069 5,314,444 74,511,690 $ 1,722,688 235,932 1,355,260 315,000 2,400,000 80,540,570 $

0 233,353 52,906 1,277,932 (242,150) 17,238 16,609 2,138,351 3,494,239 (48,408) 865,252 187,309 23,154 240,397 839,877 74,895 0 2,182,476 0 0 0 315,000 996,763 3,494,239

$ $

SOURCE Section II, Water Fund: A. Anticipated Revenue: Water Sales Water Fixture Charge Service Charges Capacity/Impact Fees Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ $

ADOPTED FY-2014

AMENDMENT # 1 FIRST READING

CHANGES

3,551,295 $ 3,494,483 188,558 75,600 122,995 7,432,931 $

3,551,295 $ 3,494,483 188,558 75,600 139,546 7,449,482 $

0 0 0 0 16,551 16,551

2,006,663 $ 2,994,052 1,067,216 1,365,000 7,432,931 $

2,006,663 $ 3,010,603 1,067,216 1,365,000 7,449,482 $

0 16,551 0 0 16,551

Section III, Transportation Fund: A. Anticipated Revenue: Bus Revenue Train Revenue Federal and State Grants Transfer-In From General Fund Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Capital Outlay Total Expenditures $ 3,630,632 $ 3,347,599 2,724,000 9,702,231 $ 3,630,632 $ 3,405,823 2,774,324 9,810,779 $ 0 58,224 50,324 108,548 $ 2,943,661 $ 1,106,000 3,929,882 1,722,688 0 9,702,231 $ 2,843,661 $ 1,060,300 4,015,315 1,722,688 168,815 9,810,779 $ (100,000) (45,700) 85,433 0 168,815 108,548

SOURCE Section IV, Wastewater Fund: A. Anticipated Revenue: Wastewater Treatment Charges Service Charges Capacity/Impact Fees Build America Bond Subsidy Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ $

ADOPTED FY-2014

AMENDMENT # 1 FIRST READING

CHANGES

11,404,390 $ 981,933 132,000 119,966 0 12,638,289 $

11,404,390 $ 981,933 132,000 119,966 104,106 12,742,395 $

0 0 0 0 104,106 104,106

4,098,768 $ 3,758,958 3,487,527 1,293,036 12,638,289 $

4,098,768 $ 3,863,064 3,487,527 1,293,036 12,742,395 $

0 104,106 0 0 104,106

Section V, Airport Fund: A. Anticipated Revenue: Fuel Sales Rents and Other Revenue Service Charges Transfer-In From General Fund Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ 310,767 $ 1,035,132 142,974 0 1,488,873 $ 300,897 $ 1,053,776 142,974 0 1,497,647 $ (9,870) 18,644 0 0 8,774 $ 790,282 $ 344,667 117,992 235,932 0 1,488,873 $ 790,282 $ 329,667 117,992 235,932 23,774 1,497,647 $ 0 (15,000) 0 0 23,774 8,774

SOURCE Section VI, Municipal Golf Course Fund: A. Anticipated Revenue: Service Charges Sales and Concessions Other Revenue Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Transfer to General Fund Capital Outlay Total Expenditures $

ADOPTED FY-2014

AMENDMENT # 1 FIRST READING

CHANGES

1,660,008 $ 422,240 63,600 0 2,145,848 $ 1,063,727 $ 1,072,647 9,474 0 2,145,848 $

1,660,008 $ 422,240 63,600 11,275 2,157,123 $ 1,060,269 $ 1,086,065 9,474 1,315 2,157,123 $

0 0 0 11,275 11,275 (3,458) 13,418 0 1,315 11,275

$ $

Section VII, Convention Center Fund: A. Anticipated Revenue: Service Charges State and County Grants Food & Beverage Tax Transfer-In From General Fund Prior Year Reserves Contributed Equity Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Transfer to Capital Reserves Capital Outlay Total Expenditures $ 1,999,400 $ 1,419,280 1,130,000 1,355,260 1,058,493 0 6,962,433 $ 2,887,287 $ 1,655,819 2,319,327 100,000 0 6,962,433 $ 1,925,900 $ 1,424,280 1,130,000 1,355,260 1,071,314 0 6,906,754 $ 2,896,622 $ 1,590,805 2,319,327 100,000 0 6,906,754 $ (73,500) 5,000 0 0 12,821 0 (55,679) 9,335 (65,014) 0 0 0 (55,679)

$ $

SOURCE Section VIII, Information Technology Fund: A. Anticipated Revenue: Service Charges To Other Funds Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Capital Outlay Total Expenditures $ $ $

ADOPTED FY-2014

AMENDMENT # 1 FIRST READING

CHANGES

1,857,726 $ 0 1,857,726 $

1,857,726 $ 12,009 1,869,735 $

0 12,009 12,009

958,627 $ 899,099 0 1,857,726 $

958,627 $ 911,108 0 1,869,735 $

0 12,009 0 12,009

Section IX, Service Center Fund: A. Anticipated Revenue: Service Charges To Other Funds Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ 1,866,269 $ 3,399,764 0 0 5,266,033 $ 1,860,429 $ 3,416,060 0 0 5,276,489 $ (5,840) 16,296 0 0 10,456 $ $ 5,266,033 $ 0 5,266,033 $ 5,266,033 $ 10,456 5,276,489 $ 0 10,456 10,456

SOURCE Section X, Vehicle & Equipment Trust Fund: A. Anticipated Revenue: Service Charges To Other Funds Federal and State Grants General Fund Contribution Sale of Assets Prior Year Reserves Total Revenue B. Anticipated Expenditures: Non-Personal Services Debt Service Transfers Out Capital Outlay Total Expenditures $ $

ADOPTED FY-2014

AMENDMENT # 1 FIRST READING

CHANGES

2,099,590 $ 0 0 130,000 0 2,229,590 $

2,099,590 $ 3,401,239 315,000 130,000 407,350 6,353,179 $

0 3,401,239 315,000 0 407,350 4,123,589

728,082 $ 0 0 1,501,508 2,229,590 $

762,471 $ 0 0 5,590,708 6,353,179 $

34,389 0 0 4,089,200 4,123,589

Section XI, Risk Management Fund: A. Anticipated Revenue: Service Charges To Other Funds Interest Earned Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services/Claims Capital Outlay Total Expenditures $ 248,506 $ 2,036,435 0 2,284,941 $ 248,506 $ 2,036,435 0 2,284,941 $ 0 0 0 0 $ 2,232,519 $ 52,422 0 2,284,941 $ 2,232,519 $ 52,422 0 2,284,941 $ 0 0 0 0

SOURCE Section XII, Pension Trust Funds: A. Anticipated Revenue: Employer Contributions Employee Contributions Investment Earnings Total Revenue B. Anticipated Expenditures: Benefit Payments Non-Personal Services Reserve for Employee's Retirement Total Expenditures Section XIII, OPEB Trust Funds: A. Anticipated Revenue: Employer Contributions Employee Contributions Investment Earnings Total Revenue B. Anticipated Expenditures: Benefit Payments Non-Personal Services Reserve for Retiree Health Total Expenditures $ $

ADOPTED FY-2014

AMENDMENT # 1 FIRST READING

CHANGES

5,697,130 $ 1,580,000 4,680,000 11,957,130 $ 4,650,000 $ 160,000 7,147,130 11,957,130 $

5,697,130 $ 1,580,000 4,680,000 11,957,130 $ 4,650,000 $ 160,000 7,147,130 11,957,130 $

0 0 0 0 0 0 0 0

$ $

3,617,002 $ 200,000 315,000 4,132,002 $ 950,000 $ 90,000 3,092,002 4,132,002 $

3,617,002 $ 200,000 315,000 4,132,002 $ 950,000 $ 90,000 3,092,002 4,132,002 $

0 0 0 0 0 0 0 0

$ $

SOURCE Section XIV, General Capital Projects Fund: A. Anticipated Revenue: General Fund Contribution Bond Proceeds Inlet Lot Parking Revenue Total Revenue B. Anticipated Expenditures: Street Paving Canal Dredging Roof Replacement Reserve for Future Capital Projects Total Expenditures $ $

ADOPTED FY-2014

AMENDMENT # 1 FIRST READING

CHANGES

1,403,237 871,000 270,000 2,544,237 $

2,400,000 871,000 270,000 3,541,000 $

996,763 0 0 996,763

1,403,237 0 871,000 270,000 2,544,237 $

1,900,000 500,000 871,000 270,000 3,541,000 $

496,763 500,000 0 0 996,763

Section XIV, All Funds Expenditure Summary: General Fund Water Fund Transportation Fund Wastewater Fund Airport Fund Municipal Golf Course Fund Convention Center Fund Information Technology Fund Service Center Fund Vehicle & Equipment Trust Fund Risk Management Fund Pension Trust Funds OPEB Trust Fund Sub Total LESS: Interfund Transfers Total Expenditures Capital Projects Fund - General Grand Total $ $ $ 77,046,331 $ 7,432,931 9,702,231 12,638,289 1,488,873 2,145,848 6,962,433 1,857,726 5,266,033 2,229,590 2,284,941 11,957,130 4,132,002 145,144,358 $ (19,985,152) 125,159,206 $ 2,544,237 127,703,443 $ 80,540,570 $ 7,449,482 9,810,779 12,742,395 1,497,647 2,157,123 6,906,754 1,869,735 5,276,489 6,353,179 2,284,941 11,957,130 4,132,002 152,978,226 $ (21,005,689) 131,972,537 $ 3,541,000 135,513,537 $ 3,494,239 16,551 108,548 104,106 8,774 11,275 (55,679) 12,009 10,456 4,123,589 0 0 0 7,833,868 (1,020,537) 6,813,331 996,763 7,810,094

Section XV, Special Authorization - Budget Manager: The Budget Manager shall be authorized to reallocate departmental appropriations among the various objects of expenditures as she deems necessary. Such changes shall be approved by the Finance Administrator & City Manager. Section XVI, Restrictions - City Manager: A. The utilization of any contingency appropriation shall be accomplished only with prior authorization from the Mayor and Council. B. Utilization of appropriations established in the Capital Improvement Fund may be accomplished only with the express approval of the Mayor and Council. Section XVII, Tax Rate: An Ad Valorem Tax Rate of $0.472 per $100 of assessed valuation of real property and a rate of $1.29 per $100 of assessed valuation of corporate and personal property tax is required to fund this budget. INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on February 18, 2014. ADOPTED AND PASSED, as amended, by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on March 3, 2014.

DAVID L. RECOR, CITY MANAGER

RICHARD W. MEEHAN, MAYOR

KELLY L. ALLMOND, CITY CLERK

LLOYD MARTIN, PRESIDENT

MARY P. KNIGHT, SECRETARY ADOPTED: Date

MOTION TO ADOPT BY: MOTION SECONDED BY: VOTE: FOR: AGAINST:

Changes from Adopted Budget: General Fund Revenue:

Other Taxes Licenses and Permits Revenue From Other Agencies 233,353 113,353 Highway User Funds; 120,000 Room Tax 52,906 27,588 Critical Areas Funds; 25,318 Stormwater Mitigation Balances brought forward 1,277,932 383,325 SCBA grant; 450,000 State Tourism grant 290,000 Additional County grants; 88,785 prior year grant balances; 3,998 Customs reimbursement; 16,900 FY 14 Hazardous Materials training grant; 44,924 FY 13 Homeland Securities grant (242,150) (155,000) parking meter revenue; (95,000) Inlet Lot revenue; 7,850 Coke donation for Winterfest display 17,238 Recognition of forfeiture funds. 9,946 purchase of 7 tasers; 6,950 computer software; 342 training 16,609 Insurance recovery for CID vehicle 2,138,351 Council Approved expenditures: 500,000 Dredging project; 410,092 Maintenance items; 383,410 Street paving project; 315,000 Funding of ambulance and boardwalk sweeper; Prior year balances brought forward: 200,000 SCBA Town contribution; 164,986 TAB funds; 10,141 Mounted Unit expenses; Prior year purchase orders, 154,722 3,494,239

Charges for Services Fines and Forfeitures Other Revenue Appropriated Fund Balance

General Fund Expenses:

General Government Public Safety (48,408) (58,408) retirement allocation; 10,000 OCDC County grant 865,252 583,325 SCBA funding; 88,785 prior year grant balances; 66,253 prior year purchase orders; 61,824 FY 14 grant funds; 61,671 retirement funding; 17,238 forfeiture funds; 16,609 vehicle insurance recovery; 16,192 Public Safety building transfer switch; 10,141 Mounted Unit expenses; 3,998 Customs reimbursement; (60,784) salary and benefits for position transferred from Construction Inspection to Engineering. 187,309 211,070 maintenance items funded from fund balance; 29,332 prior year purchase orders; 27,588 prior year Critical Area funds; (28,431) Sunfest labor; (31,600) transfers from one Public Works division to another; (15,550) retirement funding; (5,100) transfers to Stormwater projects. 23,154 40,000 repaint 2 Solid Waste vehicles; (11,150) transfer to Public Works Street division; (5,696) retirement funding 240,397 87,830 funding of Council approved maintenance items; 60,784 salary and benefits for position transferred from Construction Inspection to Engineering; 31,600 funds transferred from PW Beach division; 25,318 Stormwater mitigation project balances from prior year; 22,677 prior year purchase orders; 11,150 transfer from Solid Waste division; 10,484 retirement funding; 5,100 transfer from Critical Area projects to Stormwater projects; (14,546) Sunfest labor. 839,877 450,000 State Tourism grant; 120,000 additional advertising from Room Tax; 164,986 TAB balance from prior year; 50,861 Sunfest labor; 30,000 Additional County grant; 12,632 retirement; 7,850 Coke donation for Winterfest display; 3,458 prior year purchase orders

Public Works/Beach Maintenance

Sanitation & Waste Removal Highways & Streets

Economic Development - Tourism

Culture and Recreation Transfer to Vehicle Trust Transfer to Capital Projects

74,895 55,00 Council approved maintenance; 32,912 prior year purchase orders; (7,884) Sunfest labor; (5,5,133) retirement funding 315,000 Purchase of ambulance and PW maintenance vehicles 996,763 500,000 Dredging; 496,763 Street paving 3,494,239

Water Fund Revenue:

Prior Year Reserves 16,551 Prior Year purchase orders

Water Fund Expenses:

Non-Personal Services 16,551 Prior Year purchase orders

Transportation Fund Revenue:

Bus Revenue Train Revenue Federal and State Grants Prior Year Reserves (100,000) Reduction of estimate for bus passenger revenue (45,700) Reduction of estimate for boardwalk train estimate 85,433 (1,311,300) items not funded by MTA 1,396,733 prior year grant balances brought forward 168,815 155,193 local match for prior year grant balances; 13,622 prior year purchase orders 108,548

Transportation Fund Expenses:

Non-Personal Services Capital Outlay 58,224 13,622 prior year purchase orders; (95,000) items not funded by MTA; 139,602 prior year grant balances brought forward. 50,324 (1,362,000) 3 of 6 transit buses not funded by MTA; 1,412,324 prior year grant balances brought forward 108,548

Wastewater Fund Revenue:

Prior Year Reserves 104,106 Prior Year purchase orders

Wastewater Fund Expenses:

Non-Personal Services 104,106 Prior year purchase orders

Airport Fund Revenue:

Rents and Other Revenue Prior Year Reserves (15,000) (1,000) Office rental; (2,000) Tie-down revenue; (12,000) T-hangar rental 23,774 Prior Year Encumbrances 8,774

Airport Fund Expenses:

Personal Services Non-Personal Services (9,870) (11,870) Full-time salaries ; (2,000) Interdepartmental labor; (1,000) premium overtime; 5,000 part-time salaries 18,644 23,774 Prior Year encumbrances; (5,130) operational expenses 8,774

Golf Course Fund Revenue:

Prior Year Reserves 11,275 Prior Year purchase orders

Golf Course Fund Expenses:

Personal Services Non-Personal Services Capital Outlay (3,458) Part-Time salaries 13,418 9,960 prior year encumbrances; 3,458 contracted cleaning service/ 1,315 Prior Year purchase order 11,275

Convention Center Fund Revenue:

Service Charges State and County Grants Insurance Claim Payments Prior Year Reserves (95,500) (50,000) City Sponsored Events; (21,000) Hall Rental; (15,000) Service Charges; (12,000) Lease Revenue; 2,500 Miscellaneous Revenue 5,000 County Grant over estimate 22,000 Insurance refund for chiller repair 12,821 (55,679)

Convention Center Fund Expenses:

Personal Services Non-Personal Services 9,335 28,217 Unemployment; 10,500 Part-Time Salaries; (23,000) Overtime; (5,000) Interdepartmental Labor; (1,382) Retirement funding (65,014) (30,000) reduction in advertising for cultural arts auditorium; (24,750) operating costs; (21,179) Energy reductions; (14,906) Energy rebates; 13,000 repair electronic sign; 12,821 prior year purchase orders (55,679)

Information Technology Fund Revenue:

Prior Year Reserves 12,009 Prior Year purchase orders

Information Technology Fund Expenses:

Non-Personal Services 12,009 Prior Year purchase orders

Service Center Fund Revenue:

Prior Year Reserves 10,456 Prior Year purchase orders

Service Center Fund Expenses:

Personal Services Non-Personal Services (5,840) Savings in Full-time salaries used to fund onsite H.T.E training 16,296 10,456 Prior Year purchase orders; 5,840 H.T.E. onsite training 10,456

Vehicle & Equipment Trust Fund Revenue:

Federal and State Grants General Fund Contribution Prior Year Reserves 3,401,239 3,342,975 Prior Year bus purchase grant balance; 58,264 Radio equipment grant 315,000 Funding for ambulance and boardwalk sweeper 407,350 35,908 prior year purchase orders; 371,442 local match for prior year bus purchase grants 4,123,589

Vehicle & Equipment Trust Fund Expenses:

Non-Personal Services Capital Outlay 34,389 Prior year purchase orders 4,089,200 3,714,417 Prior year grants for bus purchase; 315,000 Funding of ambulance and boardwalk sweeper 1,519 Prior year purchase order; 58,264 radio equipment 4,123,589

General Capital Projects Fund Revenue:

General Fund Contribution 996,763 500,000 Dredging; 496,763 Street Paving

General Capital Projects Fund Expenses:

Street Paving Canal Dredging 496,763 500,000 996,763

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 9 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR D. Resolution Changing the License Fee for Car Wash Establishments

TOWN OF

The White Marlin Capital of the World

Agenda Item# Council Meeting 9D February 18, 2014

TO: THRU: FROM: RE: DATE: ISSUE(S): SUMMARY:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Michael Sherman, License Inspector Resolution to change car wash license fee February 12, 2014 Resolution to change car wash license fee Per discussion during the work session on February 11, 2014, the Council voted to amend the car wash fee to be similar to other license fees. None Pass resolution to change fee. Do not change fee. Michael Sherman, License Inspector Martha J. Bennett, Finance Administrator Guy Ayres, City Solicitor Resolution

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

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 9 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR E. Resolution Authorizing the City Manager to File an Application with the Maryland Transit Administration for Grants

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 9E February 18, 2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager George T. Thornes, Superintendent of Transportation Resolution for annual transportation grant application February 12, 2014 Authorizing resolution for the submission of the 5311 Transportation Grant Application On an annual basis, the Transportation Department applies for grant funding on behalf of the Mayor and City Council. The request for funding is sent to the Federal Transit Administration (FTA) and the Maryland Transit Administration (MTA). Both agencies have public hearing guidelines or the opportunity to request a public hearing if one is not scheduled. In the past, a public hearing has been held to afford the public a venue to comment on the grant application. This year a notice to Request A Public Hearing was published. During this time, we did not receive any correspondence from the public requesting a hearing; therefore, we are requesting approval of a resolution to authorize the city manager to file an application with the Maryland Transit Administration for grants.

ISSUE(S): SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF:

Anticipated grant funds of $2,988,000 Authorize city manager to file application. Do not authorize. Hal O. Adkins, Director of Public Works George Thornes, Transportation Superintendent Jennie Knapp, Budget Manager Guy Ayres, City Solicitor 1) Authorizing Resolution 2) Opinion of Counsel Letter 3) Public Hearing Notice

COORDINATED WITH: ATTACHMENT(S):

The Mayor and City Council, operating community transit services in Ocean City, Maryland, is offering the opportunity for a public hearing to provide citizens a forum to present views on the following proposals: FY 2015 Annual Transportation Plan (ATP). The ATP contains requests for operating funds from the following programs: Section 5311 of the Federal Transit Act, which provides funds for general public transit service in rural areas; Americans with Disabilities Act (ADA) program which provides funds for federally required Para transit services for persons with disabilities. In addition, capital funds will be requested for the following items: ITEM Replace seven (7) 35' heavy duty transit buses with seven (7) 40' heavy duty transit buses @ $454,000 each. Replace twenty two (22) 40' heavy duty transit buses @ $454,000 each. Replace two (2) ADA Vans Preventative Maintenance and repairs to include parts and labor for rolling stock Complete rehab and renovation of the Park & Ride Transit Center (building), both interior and exterior Purchase three currency counters for the Money Room Remove the blacktop in the two transit lanes at the South End and replace with concrete Purchase an operating platform, cameras and maintenance thereof for the interior of our rolling stock Preventative Maintenance and repair contract to include parts and labor for the money counting equipment Purchase training materials to meet FTA/MTA guidelines Preventative Maintenance and repair contract to include parts and labor for the Bus Barn overhead doors Land acquisition for transit purposes Purchase three complete single access door units for the north and east side of the bus barn Replace 25 benches at three Transit Centers at $1,200 each TOTAL COST CAPITAL REQUEST: TOTAL $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3,178,000 9,988,000 124,000 600,000 50,000 6,000 121,860 500,000 15,000 6,500 20,000 2,000,000 3,000 30,000 16,642,360

A Public Hearing will be held upon request. Requests for a Public Hearing must be in writing and will be received until 4 p.m. on Friday, February 7, 2014. Requests for a Public Hearing and/or other written comments should be sent to the following address and clearly marked Public Hearing Comments: Ocean City Transportation 204 65th Street, Building E Ocean City, Maryland 21842 Written comments can also be emailed to: gthornes@oceancitymd.gov . In the event it is requested, a Public Hearing will be held on: Tuesday, February 18, 2014 6:00 p.m. City Hall Council Chambers 301 Baltimore Avenue Ocean City, Maryland 21842 If special assistance is required at the meeting, contact Ocean City Transportation, Administrative Assistant at 410-723-2174 before 4 p.m. on February 7, 2013.

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 10 COMMENTS FROM THE PUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during Comments from the Public for a period of five (5) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 11 COMMENTS FROM THE CITY MANAGER A. Review of tentative work session agenda for February 25, 2014

REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 18, 2014 12 COMMENTS FROM MAYOR AND CITY COUNCIL