October 15 2012 Complete Agenda

AGENDA MAYOR AND CITY COUNCIL REGULAR SESSION MONDAY, OCTOBER 15, 2012 6:00 P.M.
1. CALL TO ORDER 2. PRAYER AND PLEDGE 3. REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION 4. APPROVAL OF MINUTES A. Work Session dated September 11, 2012 B. Regular Session #18 dated September 17, 2012 C. Work Session dated September 25, 2012 D. Regular Session #19 dated October 1, 2012 5. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL Proclamation Designating the Month of October as Breast Cancer Awareness Month 6. PRIVATE EVENT PERMIT REQUESTS A. Dew Tour - Date Hold Application for June 20-23, 2013 Presented by: Lisa Mitchell, Private Events Coordinator B. Lets Walk on the Boards for St. Judes Childrens Hospital 3-Year Approval: April 6, 2013; April 5, 2014; and April 4, 2015 Presented by: Lisa Mitchell, Private Events Coordinator 7. PUBLIC HEARINGS 8. UNFINISHED BUSINESS 9. NEW BUSINESS A. Holiday Gifts for Our Soldiers Campaign Presented by: Anna Foultz, Chair, Star Charities B. Approval of Candidates for November 6, 2012 Municipal Election Presented by: Kelly Allmond, City Clerk 10. REPORTS AND RECOMMENDATIONS FROM THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 11. APPOINTMENTS TO BOARDS, COMMISSIONS AND OTHER CITY ORGANIZATIONS
12. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading Ordinance 2012-29 to Amend Benefits Paid or Provided to Certain Municipal Employees (to change the health savings account contribution amount for employees participating in the high deductible health plan) B. Second Reading Ordinance 2012-30 to Authorize the Purchase of Real Property Known as 718 Kelly Road (to acquire real property for the expansion of a wastewater pumping station) 13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER A. Upcoming Bid Opening for Wastewater Clarigester Project and Caroline Street Station B. Bid Award Recommendation for Chemicals C. Request Approval to Proceed with 2012 Beach Equipment Auction of North End Parcels 14. COMMENTS FROM CITIZENS 5 MINUTE TIME LIMIT 15. COMMENTS FROM THE MAYOR AND CITY COUNCIL
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 3 REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 4 APPROVAL OF MINUTES A. B. C. D. Work Session dated September 11, 2012 Regular Session #18 dated September 17, 2012 Work Session dated September 25, 2012 Regular Session #19 dated October 1, 2012
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 5 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL Proclamation Designating the Month of October as Breast Cancer Awareness Month
BREAST CANCER AWARENESS MONTH Approximately 1 in 8 women in the United States will develop invasive breast cancer over the course of her lifetime; and WHEREAS, This year alone, over 200,000 Americans will be diagnosed and nearly 40,000 lives will be claimed; and WHEREAS, The breast cancer survivors living in the U.S. are a testament to courage, as well as to the importance of promoting awareness, screening and treatment of breast cancer; and WHEREAS, Early detection is essential in the treatment of and recovery from breast cancer, which has a 90 percent, five-year survival rate for early-stage detection; and WHEREAS, Throughout the month of October, women are encouraged to make a renewed commitment to following recommended screening guidelines and to make a mammogram appointment; and WHEREAS, The efforts of the collaboration of various organizations have made a major contribution to spreading breast cancer awareness to both women and men in all communities in Maryland. NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of Ocean City, Maryland, do hereby proclaim the month of October, 2012 as BREAST CANCER AWARENESS MONTH in the Town of Ocean City, Maryland, and encourage citizens, Government agencies, private businesses, and nonprofit organizations to join in activities that will increase awareness of what we can do to prevent and control breast cancer. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the Town of Ocean City, Maryland to be affixed this 1st day of October in the year of Our Lord two thousand and twelve.
_______________________________________ RICHARD W. MEEHAN Mayor
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 6. PRIVATE EVENT PERMIT REQUESTS A. Dew Tour Date Hold Application for June 20-23, 2013 Presented by: Lisa Mitchell, Private Events Coordinator
25166
TOWN OF
The White Marlin Capital of the WorldTOWN OF
Agenda Item # Council Meeting
6A October 15, 2012
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 Dew Tour Date Hold Request October 10, 2012 Requesting to hold dates and location for the Dew Tour 2013. Initially the request for the date hold was as follows: Load in: June 10-19 Event date: June 20-23 Load out: June 23-29 The location request specified the beach north of the pier to North Division Street and partial use of the northeast corner of the Inlet Lot. Dew Tour then provided an addendum to their Date Hold Request that requested to extend the load in and begin on June 6; to extend the load out and end by July 1, and to enlarge the event footprint for the cablecam towers. Non-specified To approve the date hold and include the addendum for the load out extension to July 1 and the footprint enlargement. Approve load in as originally proposed to start on June 10. Do not approve the date hold request at all. To approve the original request and not the addendum to the request. To approve all requests made in the addendum. Lisa Mitchell, Private Event Coordinator Appropriate staff 1) 2) 3) 4) June 2013 Calendar Cover Sheet Request for Private Event Date Hold Addendum to Request for Private Event Date Hold
ISSUE(S): SUMMARY:
FISCAL IMPACT: RECOMMENDATION:
ALTERNATIVES:
RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT (S):
June
Sun Mon Tue Wed Thu Fri
May 26
May 27 MEMORIAL DAY Founders Entertainment Set-up

3
May 28 Founders Entertainment Set-up
Sat 1
Founders Entertainment Beach Concert Ravens Parade

8
Founders Entertainment Beach Concert PIS Karaoke

9
Founders Entertainment Breakdown
PIS Karaoke & Volleyball Founders Entertainment Breakdown

11
Founders Entertainment Breakdown OC Air Show Set-up

12
Founders Entertainment Breakdown OC Air Show Set-up

13
Longboard Challenge OC Air Show Set-up Sand Duels Set-up
Longboard Challenge OC Air Show Sand Duels
Longboard Challenge OC Air Show Sand Duels PIS Karaoke

16
10
OC AIR SHOW Breakdown Dew Tour Set-up
PIS Karaoke & Volleyball Dew Tour Set-up OC AIR SHOW Breakdown
18
Dew Tour Set-up OC AIR SHOW Breakdown
Dew Tour Set-up
14
Sun Run Dew Tour Set-up Beach Raid Set-Up (pending)

21
15
Beach Raid (pending) Dew Tour Set-up
17
PIS Karaoke Dew Tour Set-up
Firemens Pipe & Drums Dew Tour Set-up
Firemens Pipe & Drums PIS Karaoke & Volleyball Dew Tour Set-up
25
19
Firemens Parade Dew Tour Set-up
20
Dew Tour
Dew Tour Beach 5 Set-up (pending)
22
Dew Tour Beach 5 Sand Soccer (pending)
23
Dew Tour Beach 5 Sand Soccer (pending)
24
Dew Tour Breakdown
Dew Tour Breakdown
26
Dew Tour Breakdown
27
Dew Tour Breakdown
28
Dew Tour Breakdown
29
Dew Tour Breakdown
30
July 1
July 2
July 3
July 4 FOURTH OF JULY
July 5
July 6
2013
Ocean City Private Events

Name of Event: Dew Tour Date Hold Date of Event: June 20-23, 2013 Date Application Received: June 4, 2012 Date Routed: June 7, 2012 Date Returned from All Departments: Things to Note: This is a request to hold dates for the Dew Tour for 2013. The application for the Date Hold requested June 20-23 for the event; June 10-19 for the load-in; and June 23-29 for load out. The Date Hold request also specified the location of this event as the beach north of the pier up to North Division Street and partial use of the northeast corner of the Inlet Lot. Town staff then received an addendum, which asked to extend load in and begin on June 6; to extend load out to end by July 1; and to enlarge the event footprint for the cablecam towers. Total Cost to Town: Not known at this time Application Fee Paid: No New Event: No
Comments from Department Representatives: City departments had no concerns with the initial request. City department representatives met to discuss the additional requests in the addendum. City staff unanimously agrees that staff can accommodate the request for a larger footprint and the load out to extend to July 1. City staff cannot support the additional load in days and requests the load in stay to 10 days, beginning on June 10.
Date on Council Agenda: October 15, 2012 Event Approved of Denied: Date Fees Received: Date Insurance Certificate Received: Date Permit Issued: Other:
Date Applicant Notified of Meeting:
Amount: Beach Franchise Notified:
OceanCityDepartmentofRec&Parks Attn:LisaMitchell 200125thSt OceanCity,MD21842 DearLisa: IwouldliketorequestanamendmenttoourPrivateEventDateHoldApplicationthatwe submittedtoyouonJune4,2012,forthecitydepartmentsandcouncilsconsideration. Thethreeamendmentsare: Requestedloadindates:beginJune6,201312:01AM Requestedloadoutdates:endingJuly1,201311:59PM Eventfootprint:extendcablecamtowersoutsideofourperimeterfencelines
150HarvesterDrive Suite140 BurrRidge,IL60527 September10,2012
Weunderstandthatthisamendmentrequestmustbeapproved,andthatwealsomustfileour permitapplication. Pleaseletmeknowifyouneedanythingelse. Regards, AileenKoprowskiSokol
REQUEST FOR PRIVATE EVENT DATE HOLD

Town of Ocean City, Maryland
NON-REFUNDABLE APPLICATION FEE:
RETURN APPLICATION TO:
For-Profit Promoters - $40.00 Non-Profit Organizations - $15.00
Private Events Coordinator Town of Ocean City, Recreation & Parks 200 125th Street, Ocean City, Maryland 21842
This is a request for a date hold and is not an application for special event, nor a permit of use. No guarantee of availability or use is made or implied by the acceptance of the request and fee. The Mayor and City Council will only grant consideration of date holds to events that have been held previously in Ocean City. This application must be completed and forwarded to the Private Events Coordinator no sooner than two (2) years prior to the requested event for City Council consideration. An official Private Event Application must be completed and submitted within the designated one (1) year time frame for event approval to be granted. Any event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other governmental function.
Dew Tour 1. Title of Previous Event in Ocean City:____________________________________________ 2011, 2012 2. Year Previous Event was held:__________________________________________________ 3. Title of upcoming event:_______________________________________________________ Dew Tour June 20-23, 2013 load in approx. June 10-19 and load out to end 4. Requested date(s) of event:_____________________________________________________ June 29 Approx 10 am to 9 pm daily during event days 5. Requested times of event:______________________________________________________ 6. Hours of which permit is desired (include set-up and clean up): ________________________ ______________________________________________________________________________ Estimated 18-24 hours per day, including load in and load out 7. Location (Describe area in which event shall be contained; be specific as to how much On the beach, north of the pier up to North Division st. partial use of area will be used, etc.): __________________________________________________________NE corner of the Inlet Lot ______________________________________________________________________________ 8. Applicants name and organization representing: ____________________________________ Aileen Koprowski Sokol, c/o Alli and NBC Sports ______________________________________________________________________________ 500 Boston Post Rd., Milford, CT 06460 9. Mailing Address: ____________________________________________________________ 10. Work Phone: _______ Cell Phone: ________ Home Phone: ________ E-Mail: _________
203-701-0851 203-722-0211 aileensokol@allisports.com
11. If organization is non-profit, list non-profit classification and identification number:_______ N/A ______________________________________________________________________________ APPLICANTS SIGNATURE: ___Signature on File______ DATE___6/7/2012_____ Approved by Town Council March 21, 2011
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 6 PRIVATE EVENT PERMIT REQUESTS B. Lets Walk on the Boards for St. Judes Childrens Hospital 3-Year Approval: April 6, 2013; April 5, 2014; and April 4, 2015 Presented by: Lisa Mitchell, Private Events Coordinator
TOWN OF
The White Marlin Capital of the WorldTOWN OF
Agenda Item # Council Meeting
6B October 15, 2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator Lets Walk the Boards for St. Jude Childrens Hospital 3-year event approval request October 10, 2012 Requesting their 3-year event be approved for Saturday, April 6, 2013, April 5, 2014 and April 4, 2015. This is a longstanding event in Ocean City that has met certain requirements (it has taken place in Ocean City for five (5) or more consecutive years, there are no changes to the event, coordinators are compliant with the normal application process, coordinators pay all appropriate fees, and continue to have a positive relationship with the Town of Ocean City). Non-specified To approve the event for the three years requested. Do not approve the event as requested. Only approve the event for the one upcoming year. Lisa Mitchell, Private Event Coordinator Appropriate staff April 2013 Calendar April 2014 Calendar April 2015 Calendar Cover Sheet Application for 2013
ISSUE(S):
SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES:
RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT (S):
April
Sun Mon 1 Tue 2 Wed 3 Thu 4 Fri 5
PE St. Judes Walk
Sat 6
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PE Komen TENTATIVE
PE MD Kite Expo
26
27
PE - OC Marathon and 5K PE Boardwalking for Pets PE MD Kite Expo
28
PE MD Kite Expo
29
30
2013
April
Sun Mon Tue 1 Wed 2 Thu 3 Fri 4
PE St. Judes Walk
Sat 5
10
11
12
13
14
15
16
17
PE - Good Friday Crosswalk
18
19
20
PE - Easter Sunrise Service
21
22
23
24
PE - MD Intl Kite Festival
25
26
PE - Boardwalkin for Pets PE - OC Marathon PE - MD Intl Kite Festival
27
PE - MD Intl Kite Festival
28
29
30
2014
April
Sun Mon Tue Wed 1 Thu 2 Fri 3 Sat 4
PE - St. Judes Walk Tentative
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
2015
Ocean City Special Events Private Events

Name of Event: Lets Walk the Boards for St. Judes Date of Event: April 6, 2013, April 5, 2014 and April 4, 2015 Application Fee Paid: Yes/$25 Date Application Received: May 1, 2012 Date Routed: May 1, 2012 Date Returned from All Departments: September 11, 2012 Total Cost to Town: No Foreseeable Costs New Event: No
Things to Note: Judy Davis for the St. Jude Childrens Research Hospital is requesting a 3-year event approval for the Lets Walk the Boards for St. Judes Childrens Hospital event. There have been no changes, additions or omissions requested for this event. This event will remain the same as previously held St. Judes Walks. This event is a walk-a-thon from the south end of the Boardwalk to the north end, where participants are provided light snacks before returning to the south end. The event would take place from 9:00 a.m. until 12:00 noon. Set-up for this event would take place on the day of the event, at 8:30 a.m. Breakdown of the event would take place directly after the event has ended. All participants will earn a certificate. Those who raise $35 or more will receive a t-shirt. Those who raise $75 or more will receive a sports bag along with a t-shirt. The event coordinator requests parking passes for volunteers. The event organizer requests that Boardwalk comfort stations be open during the event for participant use.
Comments from Department Representatives: PUBLIC WORKS We will provide 10-parking passes for the volunteers of this event. RISK MANAGEMENT If schedule of repair/replacement of the Boardwalk is still ongoing at time of the event, the event may need to leave the Boardwalk for a few blocks. Insurance Certificate must be provided prior to the event. OCPD Will notify shift. REC & PARKS, EMERGENCY SERVICES, TRANSPORTATION, OCCC, FIRE MARSHAL, OCBP, and TOURISM - No comments, concerns or costs.
Date on Council Agenda: October 15, 2012 Council Ruling: ________________________________________________ Applicant Notified of Meeting Results: _____________________________ Date Insurance Certificate Received: _____________________________ Beach Franchisee Notified: _____________________________
PRIVATE EVENT APPLICATION

$35.00 For Profit Applicants, $15.00 Non-Profit Applicants
RETURN APPLICATION TO:
Private Events Coordinator Town of Ocean City Recreation and Parks 200 125th Street Ocean City, MD 21842
NON-REFUNDABLE APPLICATION FEE:
Town of Ocean City, Maryland
This is an application for use and is not a permit of use. No guarantee of availability or use is made or implied by the acceptance of the application and fee. This application should be completed and forwarded to the Ocean City Special Events Department at least 90 days prior to the requested event for City Council consideration. Any misrepresentation in this application or deviation from the final agreed upon route and/or method of operation described herein may result in the immediate revocation of the permit. Applicants attention is directed to the accompanying information packet, entitled Private Event Application Guidelines. All questions on the application must be fully answered. Same as last year or similar comments are not acceptable responses. If a question does not apply, please write N/A in that space. The application will be returned if the information is incomplete. Please type or print the information clearly. You may attach additional sheets as necessary.
A non-refundable application fee must accompany this document. $35.00 For-Profit Applicants and $15 Non-Profit Applicants
(If a Date Hold was approved for this event last year, please submit the remainder of balance.)
The minimum fee for City property usage is $150 per day for For-Profit Applicants and $15.00 per day for Non-Profit applicants. Set-up and breakdown days are also subject to this fee assessment. 10th Annual Lets Walk the Boards for St. Jude Childrens Hospital 1. TITLE OF EVENT: ____________________________________________________
no 2. IS THIS A NEW EVENT? ______________________________________________
3 year event approval 4/6/13, 4/5/14, 4/4/15 3. DATE(S) OF EVENT: __________________________________________________

8:30 a.m. - noon 4. STARTING & ENDING TIMES OF EVENT: _______________________________
5. PROJECTED SET-UP DATE (S) & TIMES: ________________________________ 8:30 a.m. day of event _____________________________________________________________________
Page 1 of 9
6. PROJECTED CLEAN-UP DATE (S) & TIMES: ______________________________ ______________________________________________________________________ Noon day of event 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _____________________________________________ _____________________________________________________________________ _____________________________________________________________________ Registration at South end of Boardwalk in from of tram station. Will walk to north end of Boardwalk and return to inlet. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8. APPLICANTS NAME: ________________________________________________
.
Judy Davis
9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ St. Jude Childrens Research Hospital _____________________________________________________________________ 10. MAILING ADDRESS: _________________________________________________ 12919 Horn Island Dr., Ocean City, MD 21842 _____________________________________________________________________
347-603-5567 410-213-1956 11. WORK PHONE #_____________________HOME PHONE #__________________ FAX: _________________________ E:MAIL: _____________________________
12. IF ORGANIZATION IS NONPROFIT, LIST NONPROFIT CLASSIFICATION AND IDENTIFICATION NUMBER: ____________________________________ Amer. Leban. Syrian Assoc. Chir. Inc. _____________________________________________________________________ _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR: ______________________________________ 14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ _____________________________________________________________________ 12919 Horn Island Dr., Ocean City, MD 21842 _____________________________________________________________________ 15. COORDINATORS CONTACT NUMBERS: 410-213-1956 HOME: ___________________________WORK: ________________________ FAX:_____________________________CELL: __________________________ 347-603-5567 judymarieh@comcast.net E-MAIL ADDRESS: ________________________________________________ OTHER: __________________________________________________________
Judy Davis
Page 2 of 9
16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: ________ _____________________________________________________________________ _____________________________________________________________________ Walkathon from southend Boardwalk to northend _____________________________________________________________________ Light snack featured participants return to south end, or as far as they can walk All participants earn a certificate. _____________________________________________________________________ $35 raised gets a tshirt _____________________________________________________________________ $75 raised gets a book bag and tshirt _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
*if more space is needed, please attach additional pages to the back of this application
17. WHERE WILL EVENT HEADQUARTERS BE LOCATED? _________________ ____________________________________________________________________ N/A ____________________________________________________________________ 18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE SUCH ACCESS? ______IF SO, WHERE? ________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT. (Include location, process, etc.): _______________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS, SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED DIAGRAM AND DESCRIBE HERE: _____________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: ___________________________________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ Page 3 of 9
22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assessed.): ____________________________________________________________________ None ____________________________________________________________________ Will advise participants to park in the Inlet Lot Request parking permits if parking rates are in effect at Inlet ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? _____ IF SO, WHAT TYPE? _________________________________________________ none ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 24. WHAT IS YOUR RAIN POLICY? _______________________________________ ____________________________________________________________________ Rain or shine ____________________________________________________________________ ____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING TRASH, GARBAGE AND RECYCLABLES? ____________________________________________________________________ None can use Boardwalk cans ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT (TOILETS, HAND WASHING, ETC.)? ___________________________________ ___________________________________________________________________ Request comfort stations be open. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ ____________________________________________________________________ none ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): ______________________________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
Page 4 of 9
29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES, CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? _____________ IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________ St. Judes Childrens Hospital ____________________________________________________________________ 30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________ ____________________________________________________________________ Sponsors who raise $35 tshirt ____________________________________________________________________ Sponsors who raise $75 book bag and tshirt ____________________________________________________________________ Sponsors who raise $150 fleece blanket, bookbag and tshirt ____________________________________________________________________
no 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _________________
Please forward a copy of the approved One Day Alcohol Permit, to the Private Events Coordinator.
no 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________

Please forward a copy of the approved Tent Permit, to the Private Events Coordinator.
33. WILL YOU BE HAVING AIR SUPPORT/AIR-INFLATED STRUCTURES AT no YOUR EVENT? _________________
Please forward a copy of the approved Air Support/Air-Inflated Structures Permit, to the Private Events Coordinator.
no 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________

Please forward a copy of the approved Bonfire Permit, to the Private Events Coordinator.
no 35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________

Please forward a copy of the approved Fireworks Permit, to the Private Events Coordinator.
36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES AT YOUR EVENT? no ___________IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.):__________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
Please forward a copy of the approved One Day Alcohol Permit, if required, to the Private Events Coordinator.
50-100 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________ 0 38. EXPECTED NUMBER OF SPECTATORS: ________________________________
Page 5 of 9
39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APPROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? _____________WHO DID YOU CONTACT? _________ N/A ____________________________________________________________________ 40. WHAT ASSISTANCE AND SUPPLIES WILL YOU BE REQUESTING FROM TOWN PERSONNEL (Be aware that additional charges may be assessed and applicants must take full responsibility for the protection and security of borrowed/ rented city property): __________________________________________________ ____________________________________________________________________ ____________________________________________________________________ none ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY N/A OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION.
If you have not yet obtained this permit, please forward a copy of the approved Highway Permit, to the Private Events Coordinator once you receive it.
42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING THE PARADE ROUTE: _______________DESCRIBE: __________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE (5) YEARS: __________________________________________________________ ____________________________________________________________________ This will be the 10th year in OC ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 44. LIST ALL SPONSORS ASSOCIATED WITH YOUR EVENT: ________________ ____________________________________________________________________ Small food contributions from Dunkin Donuts, Food Lion and Super Fresh Promotion by CAT Country Radio ____________________________________________________________________ ____________________________________________________________________ Page 6 of 9
45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS APPLICATION: _________________________________________________ ____________________________________________________________________ Thank you for your continued support of St. Judes Childrens Research Hospital! ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ . ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. XX IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______
An event layout MUST be included for an event to be considered.
INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant must obtain, at the applicants own expense, occurrence form comprehensive general liability insurance coverage, which insurance coverage shall include coverage for personal injury which said insurance coverall shall be at least in the amount of one million dollars ($1,000,000) single limit. Said insurance coverage shall name the Mayor and City Council as additional insureds, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance evidencing such coverage and the addendum shall be furnished to the Special Events Coordinator, Private Events on behalf of the Mayor and City Council by the applicant and be approved by the Towns Risk Manager before applicant engages in the activity. INSURANCE CERTIFICATE AND ADDENDUM: ____________INCLUDED WITH APPLICATION XX TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EVENT Page 7 of 9
PEPSI COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Towns agreement with the Pepsi Cola Company of Salisbury as it pertains to the distribution or sales of beverages by the applicant on Town property. The applicant agrees to sell, dispense or serve only Pepsi Cola beverages on Town premises for the duration of the permitted use. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks and bottled waters. The permitted beverages include Pepsi, Diet Pepsi, Sierra Mist, Dr. Pepper, Mountain Dew, Lipton Brisk, Mug Root Beer, Slice, Hawaiian Punch, Gatorade, Dole, Sobe, Aquafina and other products which Pepsi Cola may provide. I have read this disclosure and agree that I will comply with its provisions. APPLICANTS SIGNATURE____________________________DATE______________ LOCAL ORDINANCE DISCLOSURE AND COMPLIANCE The applicant agrees to comply with the provisions of all applicable ordinances of the Town of Ocean City. Specifically all permitted uses on or within 75 feet of the Boardwalk are required to comply with the provisions of chapter 62 of the Code which expressly prohibits the public sale, rental or exchange for a donation of any goods, wares, merchandise, foodstuffs, refreshments or other commodities or services. I have read this disclosure and will comply with all provisions of the local ordinances including Chapter 62 of the Town Code.
Signature on File 5/16/10 APPLICANTS SIGNATURE___________________________DATE_______________ Signature on File 5/16/10
HOLD HARMLESS CLAUSE: Permitted (organization/applicant) shall assume all risks incident to or in connection with the permitted activity and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, directly or indirectly arising out of or in connection with the permitted activity or the conduct of Permitteds operation. Permitted hereby expressly agrees to defend and save the Town of Ocean City, its officers, agents, employees and representatives harmless from any penalties for violation of any law, ordinance, or regulation affecting its activity and from any and all claims, suits, losses, damages, or injuries directly or indirectly arising out of or in connection with the permitted activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitted or its officers, agent and employees.
5/16/10 Signature on File APPLICANTS SIGNATURE___________________________DATE_______________
Page 8 of 9
MANDATED CHANGES/CANCELLATION Applicant understands that any event or event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other necessary governmental function. Such action may be directed at any time.
Signature on File 5/16/10 APPLICANTS SIGNATURE___________________________DATE_______________
PRIVATE EVENT APPLICATION COMPLIANCE REQUIREMENT The applicant for a private event permit agrees to follow guidelines provided and submit a complete application including all required submission of materials. The applicant agrees to take full responsibility for all city-owned property, whether borrowed, leased or rented, and understands that necessary replacement and/or repair fees may be assessed should such property be in an unacceptable condition. The applicant agrees to abide by all provisions of the permit granted by the Town and agrees to pay all fees and costs assigned to the permit. The applicant further agrees to comply with all conditions of the use permit which may be required by the Mayor and City Council of the Town. I have read and will copy with all special event application requirements.
5/16/10 Signature on File APPLICANTS SIGNATURE___________________________DATE_______________
Page 9 of 9
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 9 NEW BUSINESS A. "Holiday Gifts for Our Soldiers Campaign Presented by: Anna Foultz, Chair, Star Charities
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The White Marlin Capital of the World

Agenda Item # Council Meeting 9A 10/15/12
TO: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Holiday Gifts for Our Soldiers Campaign October 10, 2012 9th Annual Holiday Gifts for Our Soldiers Campaign Anna Foultz, Chair of Star Charities, is requesting the Mayor and Councils support for the annual Holiday Gifts for Our Soldiers campaign. Donations are collected during the entire month of November for soldiers serving our country oversees. None None None None None 1) Press release prepared by Anna Foultz 2) Letter of appreciation from the Department of Defense
ISSUE(S): SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
October9,2012 IMMEDIATEPRESSRELEASE Onceagain,startingonNovember1st,AllVolunteersinActionwillbecollecting HolidayGiftsforourSoldiersservingourcountryoverseas. Thisholidayactivitywasstarted9yearsagoCarlFoultzwhoservedinChina, Burma,andIndiaduringWorldWarII.Herememberedhowmuchthesmall comfortsofhomewerenotavailableandwantedtohelp.Personalproductsnot receivedfromhomewereverydifficulttoget.InNovember2003,Carlorganized HolidayGiftsforourSoldiers,byplacingdonationcontainersaroundourarea. Thisyear,containersmarkedtoreceivedonateditemswillbeplacedatthe LibrariesinOceanPines,OceanCity,andBerlin.Containerswillalsobeplacedat theOceanPinesCommunityCenter,AmericanLegionPost166inOceanCity, AmericanLegionPost123inBerlin,andVFWPost8296inOceanCity. Somesuggesteditemsarepowdereddrinkslikecrystallight,tea,coffeeand Gatorade;chewinggum,cannedfruitsandnuts,slimjims,andbeefjerky; sunglasses,suntanlotion,boardgames,playingcards,andsmallpaperback books;alsodailytoiletriesformenandwomen,includingdarkhandtowels, washclothsandfootpowder.PLEASE,noliquidsorperishableitemssuchas cookies. Thisongoingsuccessfulprogramletsourheroeswhoserveourcountryreceive somethingfromhomeandknowthatwesupportthem.Alldonationsare appreciated.MakecheckspayabletoHolidayGiftsforourSoldiersandmailto AnnaFoultz,127HighSheriffTrail,OceanPines,MD21811.Thecontainerswillbe collectedonNovember30th.Thedistributionofdonateditemswillbe coordinatedbyMichaelClancy,ProgramsDirectorfortheMarylandNational Guard.Formoreinformationpleasecall4106417667or4102089514. Thankyouverymuch, AnnaFoultz
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 9 NEW BUSINESS B. Approval of Candidates for November 6, 2012 Municipal Election Presented by: Kelly Allmond, City Clerk
02516
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Agenda Item #
Council Meeting 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 2012 Candidate List October 10, 2012
9B October 15, 2012
ISSUE(S): SUMMARY:
Approval of the 2012 Municipal Election Candidate List According to the provisions of the City Code, Chapter C-407, the Council shall judge and certify the qualifications of applicants for the municipal election. I have included the pertinent sections of the code for your review (Attachment #3). The Candidates are listed on the attached sample ballot (Attachment #1); the layout of which was approved by City Solicitor Ayres on October 9, 2012. All candidates have signed the affidavit certifying their residency and qualifications (see Attachment #2). Each candidate appears as a voter on the current voter list provided by the Worcester County Board of Elections. All candidates are aware that they must submit their Declaration of Financial Interest document by October 30, 2012.
N/A Approve the 2012 Municipal Election Candidate List Reject one or all of the candidates listed. Kelly L. Allmond, City Clerk City Solicitor Guy Ayres 1) Sample Ballot 2) Statement of Candidacy 3) Chapter C-401, C-403 and C-407 of the Town Charter
ATTACHMENT 1
TOWNOFOCEANCITY,MARYLANDMUNICIPALELECTION,November6,2012 SAMPLEBALLOT

MAYOR
CHOOSEONE(1)
NICKCAMPAGNOLI RICKMEEHAN
COUNCIL CHOOSEUPTOFOUR(4)
JOHNFRANKLINADKINS BOBBAKER DOUGLASS.CYMEK DENNISW.DARE JIMHALL JOSEPHT.HALL,II MARYKNIGHT JOEMITRECIC SEANROX PHILLIPE.SAYAN

QUESTION
THE PROPOSED AMENDMENTS AUTHORIZES THE COUNCIL TO ENGAGE IN COLLECTIVE BARGAINING WITH ALL TOWN DEPARTMENTS, IN ADDITION TOTHOSEDEPARTMENTSCURRENTLYLISTED,ANDWOULDELIMINATETHE PROHIBITIONS AND PENALTIES FOR ENGAGING IN COLLECTIVE BARGAINING. NEWMATTERTOBEADDEDTOTHECHARTERISPRINTEDIN ALL CAPITAL LETTERS AND IS UNDERSCORED. CURRENT MATTER TO BE DELETEDISENCLOSEDBYBOLDFACEDDOUBLEPARENTHESES. To amend Article X, Section C1003 of the town charter Merit system authorized: right of certain employees to organize and bargain collectively, paragraphC,toincludeallTownDepartments.C.TheCouncilshallhavethe authoritytorecognizeandengageincollectivebargainingwithoneormore designedbargainingrepresentativesofcertainemployeesoftheemergency medical services division of the Ocean City Department of Emergency Services,((and))theOceanCityFireMarshalsDepartment,ANDALLOTHER TOWN DEPARTMENTS, and shall have the authority to enter into a binding collectivebargainingagreementwithsaidrepresentatives,andshallfurther havetheauthoritytoenactbyordinanceoramendment,asystemofrules and regulations to govern this process, provided that the Council shall not havetheauthoritytoparticipateinbindinginterestarbitrationwithrespect totheseemployees.Binding interestarbitrationshallbedefinedhereinas the process through which parties negotiating a collective bargaining agreementreachimpasseononeormoreterms,andcalluponathirdparty toresolvetheimpasseandsetatermofthecollectivebargainingagreement to which the parties are bound. Binding interest arbitration includes the impassepanelprocessdescribedinC1003.B. ADDITIONALLY, TO AMEND ARTICLE X, SECTION C1005 OF THE TOWN CHARTERBYDELETIONOFPARAGRAPHBPROHIBITIONSANDPENALTIES. ((B. No union, association, club, etc., or other collective bargaining organization shall be recognized as a bargaining agent or representative of anycityemployee,groupofcityemployeesorallofthecityemployees. No duescheckofforotherwithholdingofaportionofanemployeessalaryshall bepermittedexcepttotheextentsameismandatorilyrequiredbyfederalor state tax or social security provisions or other federal or state laws and excepttotheextentthataprogramofemployeebenefitssponsoredbythe citymayallowvoluntarywithholdings.Theprovisionsofthissubsectionare not applicable to employees of the Ocean City Police Department, the Emergency Medical Services Division of the Ocean City Department of Emergency Services, and the Ocean City Fire Marshals Department, as determinedbytheCouncil.))
FORTHECHARTERAMENDMENT
AGAINST THECHARTERAMENDMENT
ATTACHMENT 2
CERTIFICATEOFCANDIDACYANDAFFIDAVIT STATEOFMARYLAND COUNTYOFWORCESTER,TOWIT:
I,________________________________________,beingfirstdulysworn,deposeandcertifyasfollows: 1. ThatIamacandidatefortheofficeof___________________________oftheTownofOceanCity, Maryland,attheelectiontobeheldonthe16thdayofOctober2012.6thdayofNovember,2012 [EffectiveJuly2,2012perCharterResolution20121]
2. ThatIamatleast18yearsofageandacitizenoftheUnitedStates.
3. ThatIamdomiciledandwillhavebeenatthetimeoftheaforesaidelection,domiciledin(havingmy principalhometherein)theTownofOceanCity,Maryland,fortheprecedingfour(4)monthsandthatI havereadandunderstandthedefinitionofdomicile,andfurtheraffirmthatIamsodomiciledinOcean Cityandhavesobeenforatleasttherequisitetimeinterval.
DOMICILE:acquiringadomicileentailsthehappeningoftwoconcurrentconditions:(1)theactofchanging residence;and,(2)theintenttoresideeitherpermanentlyorindefinitelyatthenewresidencetheremust beapresentintentiontoabandonpermanentlyorindefinitelytheformerdomiciletemporaryabsencefrom onesresidencewithouttheintenttoabandoncompletelytheformerdomicilewillnotcreateanew domicileamanhasonlyonedomicile.
4. ThatIhavereadandunderstandthedefinitionofdomicile,andfurtheraffirmthatIamsodomiciledin OceanCityandhavesobeenforatleastfour(4)monthsnextprecedingtheelection.
5. ThatIamaregisteredvoterofsaidtown.
6. ThatIhaveneverbeenconvictedbyaStateCircuitCourtorUnitedStatesDistrictCourtofacommonlaw felonynorhaveIeverbeenconvictedofanyofthefollowingoffensesorwrongfulacts:
(1) Embezzlementbyapublicofficer; (2) Briberyinconnectionwiththeperformanceofadutybyapublicofficerorservant; (3) Extortioninconnectionwiththeperformanceofadutybayapublicofficerorservant,includingmyself; (4) Subordinationofperjury; (5) Perjury;or, (6) Treason
(Note:Feloniesinclude:murder,rape,assault,mayhem,robbery,sodomy,larceny,arson,manslaughterandbattery.)
Subscribedandsworntobeforemethis ____dayof____________,20____ NotaryPublicsSignature My Commission Expires:
SignatureofCandidate(affiant)

AddressofCandidate(affiant) City,StateandZipCode ______________________________________________ PhoneNumber&emailaddress
Municode
Page 1 of 1
ATTACHMENT 3
C-401. - Qualifications for election as Mayor or City Councilman. (173)

be: Any person to qualify as a candidate for election as Mayor of Ocean City or as a City Councilman of Ocean City must A. B. C. Qualified as a voter in town elections in accordance with the provisions of C-403 hereof. One who, for four (4) months next preceding the election, has been and is, at the time of the election, a resident of and domiciled in the corporate limits of the Town of Ocean City, Maryland. Must not have been convicted by a State Circuit Court or a United States District Court of a common law felony or of any of the following offenses or wrongful acts: Embezzlement by a public officer. (1) Bribery in connection with the performance of a duty by a public officer or servant, including himself. (2) Extortion in connection with the performance of a duty by a public officer or servant, including himself. (3) Subornation of perjury. (4) Perjury. (5) Treason. (6) For the purposes of this Subsection C, conviction shall mean a final determination. If an appeal is not filed within the time allowed or the appeal process is exhausted, then the conviction shall be considered final.
(Res. No. 1974-2, 5-20-1974; Res. No. 1976-1, 1-5-1976; Res. No. 1976-2, 1-5-1976)
C-403. - Qualifications of voters. (175)

A. The qualifications of voters in Town elections of Ocean City shall be as follows: A voter, whether a man or a woman, must be: (1) A citizen of the United States. (2) At least eighteen (18) years of age. (3) Registered in accordance with the provisions of this Charter. (4) One who, for thirty (30) days next preceding the election, has been and is, at the time of the election domiciled within the corporate limits of the Town of Ocean City. The governing body of the municipality is hereby declared to be a Mayor and seven (7) Council Members. The Mayor shall be elected to serve a term of two (2) years or until his successor is elected, qualified and takes office. Council members shall be elected for a term of four (4) years or until their successors are elected, qualified and take office. The Mayor and Council members shall be elected at large.
B.
(Res. of 2-7-1972; Res. No. 1974-3, 5-20-1974; Res. No. 1976-3, 1-5-1976; Res. No. 1976-5, 1-5-1976; Res. No. 1976-49, 7-27-1976; Res. No. 197650, 7-27-1976; Res. No. 1976-51, 7-27-1976; Res. No. 1982-4, 4-5-1982)
Editor's note
Former subsection C, which immediately followed subsection B of this section, was repealed January 5, 1976, by Res. No. 1976-6. Former subsection D, as amended February 21, 1972, by resolution, was repealed January 5, 1976, by Res. No. 1976-7.
C-407. - Council to be judge of qualification for candidates for Mayor or Council. (176D)
The Council or a quorum of the whole number elected to the Council shall be the judges of the election and the qualifications of applicants for the office of Mayor or City Councilman.
first Tuesday in November
All regular Municipal elections under the provisions of this Charter shall be held on the third Tuesday in October in every even-numbered year at hours to be prescribed by the Board of Elections Supervisors.
(Res. of 2-21-1972; Res. No. 1982-5, 4-5-1982)
http://library.municode.com/print.aspx?clientID=12833&HTMRequest... 9/22/2010
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 12 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading Ordinance 2012-29 to Amend Benefits Paid or Provided to Certain Municipal Employees (to change the health savings account contribution amount for employees participating in the high deductible health plan)
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Agenda Item # Council Meeting 12A October 15, 2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Wayne Evans, Human Resource Director Ordinance Second Reading High Deductible Health Plan/HSA Contribution October 10, 2012 Consideration to increase the contribution amount to employees Health Savings Account (HSA). To increase the contribution level to the Health Savings Account for employees who participate in the High Deductible Health Plan. Legislative changes for 2013 raised the levels from $1,200 to $1,250 for single participants and from $2,400 to $2,500 for family participants. $1,250 annually based on current participation level Accept the recommended change effective January 1, 2013. Leave the levels of $1,200/$2,400 as stated in Ordinance 2011-16 dated May 10, 2011. Wayne Evans, Human Resources Director Kay Moran, Bolton Partners, Inc. Ordinance
ISSUE(S):
SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES:
RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 12 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR B. Second Reading Ordinance 2012-30 to Authorize the Purchase of Real Property Known as 718 Kelly Road (to acquire real property for the expansion of a wastewater pumping station)
25166
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Agenda Item # Council Meeting 12B 10/15/2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director Kelly Road Land Acquisition Sewage Pumping Station Replacement October 11, 2012 Land Acquisition: 718 Kelly Road Kelly Road Land Acquisition for Sewage Pumping Station Replacement $225,000.00 Contract of Sale Wastewater Bond Funds Passage of Required Ordinance as follows: 1st Reading: October 1, 2012 2nd Reading: October 15, 2012 None Hal O. Adkins, Public Works Director James D. Parsons, Chief Deputy Director of Public Works Guy Ayres, City Solicitor Charles Felin, Wastewater Superintendent Ordinance
ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION:
ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER A. Upcoming Bid Opening for Wastewater Clarigester Project and Caroline Street Station
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Agenda Item # Council Meeting 13A 10-15-12
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell Senior Project Manager Acceptance of Sealed Bids for the Wastewater Treatment Plant Clarigester & Primary Sludge Pumping Station Upgrades October 10, 2012
ISSUE(S):
Acceptance of Sealed Bids for the Wastewater Treatment Plant Clarigester & Primary Sludge Pumping Station Upgrades. Request permission from the Mayor & City Council to receive and open Bids during the November 13th, 2012 regularly scheduled Work Session. The Bid represents the cost to update the Wastewater Treatment Plant Clarigester & Primary Sludge Pumping Stations. Funding for this project was included in the recent Municipal Purpose Bond procurement. Receive and open sealed bids at the Mayor & City Council Work Session on November 13th, 2012 for this project. None. Dean Dashiell Senior Project Manager Hal Adkins Director of Public Works Jim Parsons Deputy Director of Public Works Charles Felin Superintendent of Wastewater Department None.
SUMMARY:
FISCAL IMPACT:
RECOMMENDATION:
ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:
ATTACHMENT(S):
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Agenda Item # Council Meeting 13A Oct 15, 2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE Upcoming Bid September 26, 2012 Upcoming bid opening for Caroline Street Station Staff would like Council to open bids for the Construction of the new Caroline Street Comfort Station and Stage Facility at the October 30, 2012 work session. $1,000,000 included in bond issuance Accept bids on October 30 None Terrance McGean, City Engineer
ISSUE(S): SUMMARY:
None
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER B. Bid Award Recommendation for Chemicals
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Agenda Item # Council Meeting 13B 10-15-12
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Joe Sobczak, General Services Director Chemical Bid Award October 10, 2012 Annual Bid Award for Chemicals for the Water and Wastewater Departments After staff review the recommendation to award is attached Purchase chemicals at lowest price meeting specifications under budget guidelines on an as needed basis To proceed with sealed bid awards Buy without awarding sealed bids Joe Sobczak, General Services Director Bud Iman, Superintendent of Water Randy Bradford, Wastewater Asst. Superintendent Sylvester Dale, Water Asst. Superintendent Recommendation to Award memo from Joe Sobczak, General Services Director Memo from Randy Bradford, Wastewater Asst. Superintendent Bid Spreadsheet
ISSUE(S):
SUMMARY: FISCAL IMPACT:
RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:
ATTACHMENT(S):
MEMORANDUM
DATE: TO: FROM:
October 10, 2012 David L. Recor, ICMA-CM, City Manager Joe Sobczak, General Services Director
SUBJECT: Chemical Bids Water/Wastewater Departments I have reviewed the chemical bids that were acknowledged at the October 9th Work Session. The low bidder for all chemicals does meet the bid specifications with the exception of the Lime for Wastewater.The low bidder Carmeuse was the low bidder last year and there was a quality control problem that resulted in premature filter replacement. It is the recommendation of Randy Bradford, Asst. Superintendent of Wastewater and myself to award the bid to the second lowest bidder, Greer Industries. Water Department A. Univar, Middletown, PA Liquid Caustic Soda 50% @ $.2994/dry lb B. Marubeni Chemicals, Tampa, FL Potassium Permanganate @ $2.05/lb C. Univar, USA, Middletown, PA Chlorine (1 Ton Cylinder) @ $20.40/cwt D. JCI Jones, Milford, VA Chlorine (150 Lb Cylinder) @ $34.66/cwt E. Polydyne, Riceboro, GA Clarifloc N-3300P (55 lb. Bag) @ $87.50/bag F. Polydyne, Riceboro, GA Clarifloc A-3320 (55 lb. Bag) @ $77.50/bag
Wastewater Department A. Univar USA, Middletown, PA Chlorine (1 Ton Container) @ $20.40/cwt B. George S. Coyne Chemical, Croydon, PA HTH (100 Lb Pail) @ $128.80 C. Univar, USA, Middletown, PA Sulfur Dioxide (Tons) @ $37.05/cwt D. Greer Industries, Morgantown, WV Lime (Tons) @ $182.10/ton E. Intercoastal Trading, Secretary, MD Liquid Caustic Soda 50% @ $4.08/gallon F. Intercoastal Trading, Secretary, MD Sodium Hypochlorite 15% @ $1.36/gallon G. George Coyne, Croydon, PA Sulfuric Acid 66BE @ $4.11/gallon H. George Coyne, Croydon, PA Polymer -Chemtreat P838-E @ $1.389/gallon (275 gallon drum) These will be bought within the respective departments annual chemical budgets. The prices were bid on approximate amounts for bidding purposes only. Thank you.
JS/ws
INTERDEPARTMENTAL MEMO
TO: FROM: SUBJECT: Joe Sobczak, General Services Director Randy Bradford, Wastewater Asst. Superintendent Wastewater Chemical Bid Awards
10 Oct 2012
After review of the chemical bids relative to the Wastewater Department, my recommendation would be to accept all of the low bids with the exception of the lime bid. We feel that due to inconsistent quality of Carmeuses lime product, our operation suffered detrimental effects and increased costs of operation. We would like to exclude Carmeuse and accept the second low bid from Greer Industries.
FY'2013 CHEMICAL BIDS
WATER DEPARTMENT
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
PRODUCT
AIC
Brenntag
Carmeuse
Chemrite
ChemTreat
George Coyne
Graymont
Greer
Intercoastal
JCI Jones
Kuehne.
Marubeni
Neo
Polydyne
Univar
Liquid Caustic Soda 50%
No Bid
.318/lb
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
.3296/dry lb
No Bid
.45/dry lb
No Bid
No Bid
No Bid
.2994/dry lb
Potassm.Permanganate
2.07/lb
3.15
No Bid
2.17/lb
No Bid
2.117/lb c
No Bid
No Bid
4.04/lb
No Bid
No Bid
2.05/lb
No Bid
No Bid
2.98/lb
Chlorine (1 Ton Cylinder)
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
55.00/cwt
No Bid
32.50/cwt
No Bid
No Bid
No Bid
20.40/cwt
Chlorine (150 lb Cylinder)
No Bid
No Bid
No Bid
No Bid
No Bid
84.99/cwt d
No Bid
No Bid
88.00/cwt
34.66/cwt
No Bid
No Bid
No Bid
No Bid
39.40/cwt
Polymer (Potable Water) Clarifloc N-33
No Bid
No Bid
No Bid
No Bid
No Bid
not to specs
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
87.50/50 lb
No Bid
Clarifloc( R) A-3320 (50 lb. Bag)
No Bid
No Bid
No Bid
No Bid
No Bid
not to specs
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
77.50/50 lb
No Bid
WASTE WATER DEPARTMENT
PRODUCT
AIC
Brenntag
Carmeuse
Chemrite
ChemTreat
George Coyne
Graymont.
Greer
Intercoastal
JCI Jones
Kuehne
Marubeni
Neo
Polydyne
Univar
Chlorine (1 Ton Container)
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
55.00/cwt
No Bid
32.50/cwt
No Bid
No Bid
No Bid
20.40/cwt
HTH (100 Lb. Pail)
No Bid
No Bid
No Bid
No Bid
No Bid
128.80/pail e
No Bid
No Bid
173.00/pail
No Bid
No Bid
No Bid
No Bid
No Bid
177/pail
Sulfur Dioxide (Tons)
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
84.50/cwt
No Bid
No Bid
No Bid
No Bid
No Bid
37.05/cwt
Lime (Tons)
No Bid
No Bid
174.37/ton a
No Bid
No Bid
No Bid
208.40 h
182.10
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Liquid Caustic Soda 50%
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
4.08/gal
No Bid
No Bid
No Bid
No Bid
No Bid
4.47/gal
Sodium Hypochlorite 15%
No Bid
No Bid
No Bid
No Bid
No Bid
2.29/gal f
No Bid
No Bid
1.36/gal
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Sulfuric Acid 66BE
No Bid
No Bid
No Bid
No Bid
No Bid
4.11/gal g
No Bid
No Bid
5.42/gal
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Polymer-Chemtreat P838E (275 gal to

a. based on 24 ton minimum load b. service program is included in cost c. min. 8 drums/delivery d. min. 21 cyls delivery e. min 10 pails/delivery f. min 1000 gals delivery g. min 400 gal delivery h. 22 ton min no Sunday/Holiday delivery I. min 2 totes
No Bid
No Bid
No Bid
No Bid
2.46 b
1.389 I
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
1.40
No Bid
No Bid
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 13 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER C. Request Approval to Proceed with 2012 Beach Equipment Auction of North End Parcels
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Agenda Item # Council Meeting 13C October 15, 2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kelly L. Allmond, City Clerk 2012 Beach Equipment Auction October 3, 2012 City Clerk needs the Councils approval to proceed with the 2012 Beach Equipment Auction for North end Parcels The Town franchises 70 Beach Equipment Parcels spanning the entire Ocean City Beach. The 70 parcels are divided into three sections: south end, mid beach and north end. Every year, on a revolving schedule, one of the three sections are auctioned. This year, the north end (85th the Maryland/Delaware line) are scheduled. The highest qualified bidder of each parcel receives a threeyear contract to rent umbrellas, chairs and cabanas on the beach. Each contract provides one option to renew at an annual fee of 10% greater than the initial term. In this years auction 14 of the 18 north end parcels are up for bid. Four parcels are exempt because the Franchisee is in their first 3-year term and, pursuant to the provisions contract, exercised their right to renew for a second three-year term. Pending Councils approval, auction details will be advertised our legal publication and on the Towns website for three weeks starting November 8, 2012. Bid packets will be available to the public on November 8, 2012 as well. To be determined Authorize the City Clerk to advertise for, and conduct, a live auction on Wednesday, December 5, 2012 at 9:00 am in the Council Chambers of City Hall for the north end parcels. Take no action Kelly L. Allmond, City Clerk Finance Department Beach Mediation Board (presiding) Pete Richardson & Associates 1) List of North end Parcels 2) Section 39-23 of the Town Code 3) Sample Contract
ISSUE(S):
SUMMARY:
FISCAL IMPACT: RECOMMENDATION:
ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:
ATTACHMENT(S):
2012MasterBeachEquipmentList
Parcel 85th,86thand87thStreets 88th,89th,90thStreetsand91stStreetend 92nd,93rdStreetsand9400Condo FlyingCloud,PyramidandPlazaCondos CenturyI,EnglishTowerandMarigotBeachCondos Atlantis,QuayandGoldenSandsCondos Capri,IreneandRainbowCondos HighPointSouth,HighPointNorthandSeawatch Condos Fountainhead,Carouseland118thStreet 119th,120thand121stStreets 122nd,123rdand124thStreets 125th,126thand127thStreets 128th,129thand130thStreets 131st,132ndand133rdStreets 134th,135thand136thStreets 137th,138thand139thStreets 140th,141st,142ndStreets 143rd,144th,145thand146thStreetstoMD/DELine
Status ScheduledforDecember2012Auction ScheduledforDecember2012Auction ScheduledforDecember2012Auction Operatoroptedfor2ndTerm@10%Increase ScheduledforDecember2012Auction ScheduledforDecember2012Auction ScheduledforDecember2012Auction Operatoroptedfor2ndTerm@10%Increase ScheduledforDecember2012Auction ScheduledforDecember2012Auction Operatoroptedfor2ndTerm@10%Increase ScheduledforDecember2012Auction ScheduledforDecember2012Auction Operatoroptedfor2ndTerm@10%Increase Operatordeclined2ndTermoption ScheduledforDecember2012Auction ScheduledforDecember2012Auction ScheduledforDecember2012Auction ScheduledforDecember2012Auction
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Sec. 39-23. - Franchise system.

There is established and created the beach equipment renal franchise system of Ocean City. Such system is established as follows: (1) Division of public beach into parcels. For the purpose of this division, the area within the corporate limits herein defined as "public beach" is hereby parceled and subdivided into various parcels, as hereinafter set forth, and each parcel shall be a separate franchise area. Parcel regulations. Ocean City shall and does hereby restrict the rental of beach equipment within each such parcel to the operator who holds the franchise for the parcel. No other person shall rent beach equipment within the parcel except the operator or his employees, nor shall any private renter, as defined in this article, or his employees, carry on or emplace any beach equipment in such area. These restrictions do not prohibit a patron from renting beach equipment from one parcel's franchisee and placing said equipment upon another parcel. Bidding and payment of fees. a. Franchises shall be obtained by a process and procedure of public bidding. The respective operator or potential operator will obtain his franchise by submitting, pursuant to the advertisement as hereinafter described, a sealed bid, on forms provided by the City Clerk, which shall identify the parcels being bid. In lieu of the sealed bid process, the Mayor and City Council may conduct a public auction of the franchises in such manner and upon such terms and conditions as it may determine. b. Corporations are prohibited from bidding. The bidder must be a natural person. c. Each sealed bid shall be presented in the form and the successful bidder at a public action shall present the form, as follows: 1. $____________ per year, for a total of $____________ for the three2.
(2)
(3)
3.
year term of the franchise. The source of my funds for the initial franchise payment tendered herewith is as follows: (i) Credit references: (applicant shall list at least two with full names, addresses, telephone number and contact person). (ii) Bank reference: (applicant shall list at least one with full name, address, telephone number and contact person). I do hereby agree to and authorize Mayor and City Council of Ocean City to make inquiry of my personal background, financial, credit worthiness and my credit report; and by my signature hereto, I do hereby authorize and empower those listed as credit references and bank references to release to the Mayor and City Council of Ocean City any information pertaining to my personal background, financial and credit worthiness, and for the Mayor and City Council of Ocean City to obtain a copy of my credit report. I do hereby certify that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other Bidder or with any competitor.
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5.
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I do hereby certify that I have no financial interest, direct or indirect, in any other Ocean City beach equipment rental franchise, except as fully disclosed and permitted by this chapter of the Code of Ocean City; and that there are no other persons financially interested, direct or indirect, in this BID, except as fully disclosed and permitted by this chapter of the Code of Ocean City. (All persons must sign (7)) I do hereby solemnly declare (or I hereby affirm) under penalties of perjury that the information and statement above made are true and correct to my knowledge and belief.
_____ (signature)"
7." _____ (Name-hand written)
d.
e.
f.
g. h.
Each sealed bid shall be accompanied by a cashier's or certified check payable to the Mayor and City Council of Ocean City in the sum of 20 percent of the annual bid price rounded up to the next whole dollar. At a public auction, each successful bidder shall tender a cashier's check or certified check payable to the Mayor and City Council in an amount as advertised prior to the auction for each parcel. Within three business days from the date of the auction, the successful bidders shall tender a cashier's or certified check payable to the Mayor and City Council of Ocean City for the difference between the amount tendered at the auction and 20 percent of the successful bid amount. The Mayor and City Council of Ocean City may reject any and all bids for any reason it deems appropriate, and may rebid upon such terms, conditions and manner it deems appropriate. The successful bidder's 20 percent shall be retained, as the annual franchise fees shall be payable for the first year as follows: 20 percent at the time of bidding, an additional 40 percent of the annual fee on July 15, and the remaining 40 percent of the annual fee on August 15. For years subsequent to the year of bid, but included in the bid, the first payment of 20 percent of the annual franchise fees for any respective year shall be paid on or before January 1 of said year. Such advertisement shall indicate the term of years for which a franchise is to be granted for any respective parcel.
(4)
Provided the operator is not in default or otherwise in violation of any terms of this article, the operator shall have an option to renew any franchise(s) for one additional three-year term upon the same terms and conditions of the franchise except that the annual franchise fee shall be ten percent greater than the annual franchise fee for the initial term. If the operator elects to exercise this renewal option, it must be done, in writing to the City Clerk before the end of the second year of said initial term. Franchise areas and terms. The franchise areas shall be designated as three sections: North Section, Mid Section and South Section. a. The North Section shall include all franchise areas from the Delaware-Maryland line to 84th Street as follows: 1.
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2.
Beginning at the midpoint of the block at 84th Street on the south, extending north to include 85th Street, 86th Street and the midpoint of 87th Street. Beginning at the midpoint of the block at 87th Street on the south, extending north to include 88th, 89th, 90th Streets and to the north side of 91st Street. Beginning at the south side of 92nd Street, extending north to include 93rd and to the north property boundary of the 9400 Condominium. Beginning at the south property boundary of the Flying Cloud Condominium, extending north to include the Pyramid and to the north property boundary of the Plaza Condominium. Beginning at the south property boundary of the Century I Condominium, extending north to include the English Tower and to the north property boundary of the Marigot Beach Condominium. Beginning at the south property boundary of the Atlantis Condominium, extending north to include the Quay and to the north property boundary of the Golden Sands Condominium. Beginning at the south property boundary of the Capri Condominium, extending north to include the Irene and to the north property boundary of the Rainbow Condominium. Beginning at the south property of the High Point South Condominium, extending north to include the High Point North and to the north property boundary of the Seawatch Condominium. Beginning at the south property boundary of the Fountainhead Condominium, extending north to include the Carousel Hotel Condominium and to the midpoint of 118th Street. Beginning at the midpoint of 118th Street, extending north to include 119th Street, 120th Street and to the midpoint of 121st Street. Beginning at the midpoint of 121st Street, extending north to include 122nd Street, 123rd Street and to the midpoint of 124th Street. Beginning at the midpoint of 124th Street, extending north to include 125th Street, 126th Street and to the midpoint of 127th Street. Beginning at the midpoint of 127th Street, extending north to include 128th Street, 129th Street and to the midpoint of 130th Street. Beginning at the midpoint of 130th Street, extending north to include 131st Street, 132nd Street and to the midpoint of 133rd Street. Beginning at the midpoint of 133rd Street, extending north to include 134th Street, 135th Street and to the midpoint of 136th Street. Beginning at the midpoint of 136th Street, extending north to include 137th Street, 138th Street and to the midpoint of 139th Street. Beginning at the midpoint of 139th Street, extending north to include 140th Street, 141st Street and to the midpoint of 142nd Street. Beginning at the midpoint of 142nd Street, extending north to include 143rd Street, 144th Street, 145th Street and to the Maryland/Delaware line at 146th Street.
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10. 11. 12. 13. 14. 15. 16. 17. 18.
b.
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c.
The Mid Section shall include all franchise areas consisting of one block each from the south side of 84th Street to and including all parcels either boundary of which is north of 27th Street. The South Section shall include all franchise areas consisting of one block, except for the southernmost franchise area which shall be two blocks, from the south side of 27th Street to and including all parcels either boundary of which is north of the Ocean City, Maryland, inlet.
(5)
(6)
(7)
Regulation of operators. All operators shall be regulated by the terms and provisions of this division and by any regulations adopted by the Mediation Board with the approval of the Mayor and City Council. Stands and containers. Each operator shall be allowed to construct containers and a beach stand. All stands shall be as uniform as possible. The design of the stands and containers shall be subject to the approval of the Mayor and City Council. All stands and containers shall be located as follows: one location at the street end of the parcel or at the midpoint of the parcel, if there is no street end; except for the southernmost and northernmost parcels which shall have two locations, one at each street end; subject, however, to the provisions of section 39-29. Each operator shall be limited to one stand and four containers at each parcel. At the request of the operator and after receiving the recommendations of the Beach Mediation Board, the Mayor and City Council may grant permission for additional stands and containers at parcels. The location of the additional stands and containers on each parcel shall be subject to the approval of the Mayor and City Council. Rentals limited to operators. There shall be no license issued nor any beach equipment rentals allowed within the corporate limits of Ocean City except by operators of franchises, except as specified in section 39-29
(Code 1972, 26-3; Ord. No. 1997-2, 3-17-1997; Ord. No. 1998-2, 3-16-1998; Ord. No. 1999-6, 3-15-1999; Ord. No. 2001-1, 2-5-2001; Ord. No. 2001-3, 3-5-2001; Ord. No. 2002-2, 3-12-2002; Ord. No. 2003-7, 3-17-2003; Ord. No. 2006-21, 8-21-2006)
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FIRST TERM
Parcel Annual
BEACH EQUIPMENT FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT made this day, _________________, 2012 by and between the Mayor and City Council of Ocean City, Maryland, a Maryland municipal corporation, hereinafter called and referred to as the "City" and First_Name Last_Name, hereinafter called and referred to as "Operator." WITNESSED: That for and in consideration of the premises, and of the rights herein this agreement granted, and of the sums of money herein this agreement stated, the "City" and the "Operator" do hereby covenant and agree as follows: THAT the "City" agrees: 1. That the operator shall have the right to rent to the PUBLIC, subject to the terms and conditions hereinafter stated, beach equipment on the Public Beach areas of Parcel for a term commencing with the date hereof and terminating on the 29th day of October, 2014. 2. That as long as the "Operator" performs as herein stated and pays the sums hereinafter in this agreement specified when said sums are due and conducts his business in accordance with the terms of this Franchise Agreement and in accordance with the provisions of Chapter 39 of the Code of the Town of Ocean City (said Chapter 39 hereby being incorporated by reference), and in accordance with the lawfully adopted regulations of the MEDIATION BOARD, the "City" will not grant the right to rent beach equipment to the public on said Parcel to any other person or operator. 3. That provided the "Operator" is not in default or otherwise in violation of any terms of the franchise, said "Operator" shall have an option to renew any franchise(s) for one additional three-year term upon the same terms and conditions of the franchise except that the annual franchise fee shall be 10 percent greater than the annual franchise fee for the initial term. If said "Operator" elects to exercise this renewal option, it must be done in writing to the City Clerk before the end of the second year of said initial term. 4. That the "City" acknowledges receipt of from the "Operator" which said sum represents 20% of the first annual Franchise fee. THAT the "Operator" agrees: 1. To pay the annual bid price as follows: 20% of the first annual fee being heretofore paid; an additional 40% of said first annual fee payable on or before July 15, , and the remaining 40% to be paid on or before August 15, . Thereafter, for the remaining years of the term of the annual fee will be paid by paying to the "City" 20% of said annual fee by January 1st of the year prior to the summer season, and 40% on or before July 15th and the remaining 40% on or before August 15th. 2. The "Operator" further covenants and agrees to pay to the "City" the total Franchise fee which is the sum of the annual Franchise fee multiplied by the number of years in the term. The operator agrees to
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pay the annual franchise fee of at the times aforesaid and to pay the total sum, in installments as aforesaid, of $ for the remainder of the 3-Year term of this agreement. No request for any extension of time for any payment shall be considered unless made in writing and delivered to the City Manager's office prior to the due date. 3. To comply with all the provisions and conditions of Chapter 39 of the Code of the Town of Ocean City (as from time to time amended by Ordinance) and the regulations heretofore adopted by the MEDIATION BOARD or which may be hereafter lawfully adopted by the MEDIATION BOARD. (A copy of said regulations is attached hereto and is made a part hereof by reference.)
4. The "Operator" by entering into this agreement hereby acknowledges that he has knowledge of the aforesaid Chapter 39 and regulations and hereby expressly waives any and all rights or defenses he might now have or hereafter acquire by reason of the "Operator" not having read or understood the aforesaid Chapter 39 or Regulations. 5. To protect and hold harmless the "City" indemnifying and holding it harmless from any liability from claims arising from the operator's activities at the parcel including attorney fees and related costs of defense. 6. That the "Operator" shall conduct the business of renting beach equipment and shall conduct no other business under the rights granted by this franchise agreement. 7. That any representative of the "City" shall have access to the Parcel at any and all times. 8. That he, the "Operator," shall not conduct or attempt to conduct any beach equipment rental business on any parcel other than the one hereinbefore described. 9. That no alcoholic beverages will be consumed or kept, by itself or its agents or employees, within the Parcel hereinbefore described. 10. To post prices as required by the City Code. 11. To operate the business of Beach Equipment rentals at no other location than those specified in Chapter 39 and by the Regulations of the MEDIATION BOARD and to be open for business during the time and times specified in the aforesaid Ordinance. 12. To comply with all Town, County, State, or Federal laws and regulations. 13. That the "City" has not designated the limits of Private Beach property and that the "Operator" hereby assumes the responsibility for trespass, if any, on private property. "No operator shall place any of his rental or other equipment on private property after having been directed not to do so by the private property owner or his agent." 14. That the "Operator" has familiarized himself or herself with the provisions of easements, if any, granted in reference to this parcel and agrees to be bound by any limitations or conditions, if any, of any such easements, including but not limited to provisions restricting or limiting the operation of "Operator's" business.
15. That the "Operator" shall be solely responsible for any losses incurred as a result of any Acts of God. That the "City" shall not abate any payments due under this agreement because of any Acts of God. Acts of God shall include but not be limited to: beach erosion; wind, rain, or other adverse weather; fire; earthquake; oil spills or oil on the beaches, etc. 16. That the "Operator" acknowledges any default of a franchise fee for this parcel will result in the revocation of all other beach equipment rental franchise agreements held in Operator's name. 17. That the terms and provisions of any other franchise agreement and negotiations on the price or payments or negotiations in reference to the default of provisions of any other agreement shall have no effect on this Franchise Agreement. AS WITNESS the hand and seal of the "Operator" and witness the hands of the Mayor and President of the City Council, with the corporate seal of the municipality affixed hereto as of the day and year first above written. ATTEST: "CITY" Mayor and Council of the Town of Ocean City, Maryland _________________________________ __________________________________ ________
Kelly L. Allmond, City Clerk
Richard W. Meehan, Mayor & Interim City Manager
Date
___________________________________
James S. Hall, Council President
Date
_________
WITNESS: __________________________
"OPERATOR" ____________________________________
First_Name Last_Name
________
Date
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REGULATIONS OF THE MEDIATION BOARD The following regulations are adopted pursuant to the provisions of Chapter 39, Article II of the Code of the Town of Ocean City, Maryland. REGULATION NO. 1 - QUORUM Three members of the Mediation Board shall constitute a quorum. REGULATION NO. 2 - INVESTIGATION The Board shall have the power to conduct investigations and inspections and may designate the Board=s Administrative Assistant. REGULATION NO. 3 - ADMINISTRATIVE ASSISTANT The City Clerk of the Town of Ocean City is hereby designated as the Board=s Administrative Assistant. REGULATION NO. 4 - ATTORNEY The Board may at any time request the presence of an attorney from the office of the City Solicitor at their meetings and may utilize said office for legal services and advice. REGULATION NO. 5 - SOLICITATIONS No operator shall solicit on the Boardwalk, in any other operator=s parcel, or beyond fifteen feet from stand locations. REGULATION NO. 6 - STORAGE AND STANDS Each operator shall be allowed to construct containers and a beach stand. All stands shall be as uniform as possible. The design of said stands and containers shall be subject to the approval of the Mayor and City Council. The container boxes will be no larger than four feet wide, eight feet long, and four feet deep. The A frame rack (stand) shall be no wider at the base that six feet, no longer than eight feet and no higher than six feet. They shall be soundly constructed of wood, painted Ocean City Blue and in good repair. They shall not be located on the Boardwalk. Each operator shall be limited to one (1) stand and four (4) containers at each parcel. All stands and containers shall be located at the street end of each parcel or at the mid-point of the parcel, if there is no street end. Equipment may be stored in said containers and racks at operator=s risk. REGULATION NO. 7 - SIGNS AND ADVERTISEMENTS Each stand or container is required to have two (2) signs designating the franchisee=s name, address and phone number and the rental price list of all items rented at the respective stand identifying the amount per item and the duration of rental. Optional information may include operator=s trade name. The design and content of each sign shall be subject to the approval of the Board, but in no event shall a sign exceed dimensions of twenty-four by twenty-four (24 x 24) inches. The required information must be a minimum of one inch (1") block lettering, color black on a white sign surface. The required sign is to be displayed on both the north and south sides of the stand or container. An optional sign of identical designations is also permitted on the east or west side of the stand or container. REGULATION NO. 8 - COMPLAINTS AND PENALTIES Complaints must be in writing, in respect to operators from any interested party requesting a hearing in reference to said complaint. Upon receipt of said request, the Board shall refer the alleged violation the City Clerk who shall cause an investigation for verification of the alleged violation. Upon investigation and upon reasonable belief that the violation exists or did occur, written notification of said violation shall be hand-delivered to the operator or attendant and sent via regular mail to the beach parcel operator. The
operator or attendant must sign a copy of the hand-delivered notice to acknowledge receipt. The notice shall advise the operator he has forty-eight (48) hours to correct the violation. If the violation continues, a hearing shall be scheduled within five (5) days. The beach parcel operator shall be notified of such hearing, in writing, both hand-delivered to him or the attendant and sent via regular mail. The hearing conducted by the Board shall be taped or otherwise recorded. Upon such hearing, if the Board concludes that such violation has occurred or is occurring, the Board may impose a fine of not less that $25.00 nor more than $100.00 for each violation or suspend the franchise for up to seven (7) days. Any party aggrieved by the decision of the Board may appeal the same to the Mayor and City Council. The appeal shall be on the record, and the decision of the Board may be affirmed, reversed or modified. If the beach parcel operator defies the action of the Board (or Mayor and Council, after appeal) or continues the violation, then, in that event, upon verification, the Board shall refer the same to the Mayor and City Council for possible revocation. The Mayor and City Council shall schedule a hearing at a regularly scheduled Council meeting. The beach parcel operator shall be notified, in writing, both hand-delivered to him or the attendant and via regular mail, of the hearing date and the alleged violation(s). Upon such hearing, the Mayor and City Council may further fine, suspend, or revoke the franchise if it determines that the violation(s) or is (are) occurring. REGULATION NO. 9 - CONDUCT OF HEARINGS The conduct and procedure of hearings before the Board shall be as follows: A. The meeting shall be opened by the Chairman who shall then give a short statement outlining the nature of the complaint being heard and identifying the parties. All parties being heard shall be sworn. B. The complaining party shall then be allowed no more than fifteen minutes to address the Board in reference to his complaint. C. The operator shall then be allowed no more than fifteen minutes to address the Board in rebuttal. D. All points of contention and all questions by either party shall be addressed to the Board. The Board may, if necessary, then request answers from the appropriate party. E. Closing statements, if necessary, shall be limited to five minutes each, with the complaining party closing first. F. The chairman shall then call the meeting to a close and the Board shall retire, if necessary, and make a finding or defer finding. The parties shall be promptly notified of the actions of the Board. REGULATION NO. 10 - HARDSHIP In case of hardship, variations from the exact terms of these regulations may be requested from the Board.
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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 14 COMMENTS FROM CITIZENS - 5 MINUTE TIME LIMIT
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012 15 COMMENTS FROM THE MAYOR AND CITY COUNCIL

October 15 2012 Complete Agenda

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AGENDA MAYOR AND CITY COUNCIL REGULAR SESSION MONDAY, OCTOBER 15, 2012 6:00 P.M.

_______________________________________ RICHARD W. MEEHAN Mayor

The White Marlin Capital of the WorldTOWN OF

Agenda Item # Council Meeting

6A October 15, 2012

TO: THRU: FROM: RE: DATE:

FISCAL IMPACT: RECOMMENDATION:

RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT (S):

May 27 MEMORIAL DAY Founders Entertainment Set-up

May 28 Founders Entertainment Set-up

May 29 Founders Entertainment Set-up

May 30 Founders Entertainment Set-up

May 31 Founders Entertainment Set-up

Founders Entertainment Beach Concert Ravens Parade

Founders Entertainment Beach Concert PIS Karaoke

Founders Entertainment Breakdown

PIS Karaoke & Volleyball Founders Entertainment Breakdown

Founders Entertainment Breakdown OC Air Show Set-up

Founders Entertainment Breakdown OC Air Show Set-up

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

Longboard Challenge OC Air Show Sand Duels

Longboard Challenge OC Air Show Sand Duels PIS Karaoke

OC AIR SHOW Breakdown Dew Tour Set-up

Dew Tour Set-up OC AIR SHOW Breakdown

Dew Tour Set-up

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

Beach Raid (pending) Dew Tour Set-up

PIS Karaoke Dew Tour Set-up

Firemens Pipe & Drums Dew Tour Set-up

Firemens Parade Dew Tour Set-up

Dew Tour Beach 5 Set-up (pending)

Dew Tour Beach 5 Sand Soccer (pending)

Dew Tour Beach 5 Sand Soccer (pending)

Dew Tour Breakdown

Dew Tour Breakdown

Dew Tour Breakdown

Dew Tour Breakdown

Dew Tour Breakdown

Dew Tour Breakdown

July 4 FOURTH OF JULY

Ocean City Private Events

Date Applicant Notified of Meeting:

Amount: Beach Franchise Notified:

150HarvesterDrive Suite140 BurrRidge,IL60527 September10,2012

Weunderstandthatthisamendmentrequestmustbeapproved,andthatwealsomustfileour permitapplication. Pleaseletmeknowifyouneedanythingelse. Regards, AileenKoprowskiSokol

REQUEST FOR PRIVATE EVENT DATE HOLD

For-Profit Promoters - $40.00 Non-Profit Organizations - $15.00

The White Marlin Capital of the WorldTOWN OF

Agenda Item # Council Meeting

6B October 15, 2012

TO: THRU: FROM: RE: DATE:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES:

RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT (S):

PE St. Judes Walk

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

PE St. Judes Walk

PE - Good Friday Crosswalk

PE - Easter Sunrise Service

PE - MD Intl Kite Festival

PE - Boardwalkin for Pets PE - OC Marathon PE - MD Intl Kite Festival

PE - MD Intl Kite Festival

PE - St. Judes Walk Tentative

Ocean City Special Events Private Events

PRIVATE EVENT APPLICATION

I,______________,beingfirstdulysworn,deposeandcertifyasfollows: 1. ThatIamacandidatefortheofficeof_oftheTownofOceanCity, Maryland,attheelectiontobeheldonthe16thdayofOctober2012.6thdayofNovember,2012 [EffectiveJuly2,2012perCharterResolution20121]

Subscribedandsworntobeforemethis dayof____,20 NotaryPublicsSignature My Commission Expires: