MAYOR AND CITY COUNCIL REGULAR MEETING Monday, August 3, 2015 – 6:00 PM AGENDA 1.

CALL TO ORDER

2.

PRAYER AND PLEDGE

3.

CLOSED SESSION NOTICE AND REPORT A. Closed Session - Monday, August 3, 2015 - 5:00 p.m. to 6:00 p.m.

4.

APPROVAL OF MINUTES A. Approval of Minutes for: 1. Regular Session #14 dated July 20, 2015 2. Work Session dated July 28, 2015

5.

ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL A. Standing Committee Draft Agendas 1. Police Commission 2. Tourism Commission 3. Transportation Committee 4. Recreation and Parks Committee

6.

CONSENT AGENDA A. Private Event Approval Request for Komen Race for the Cure - April 16, 2016 B. 3-Year Private Event Approval Request for Sunfest Kite Festival - Sept. 21-24, 2017 C. Bid Award Recommendation for 4th Secondary Clarifier and Related Improvements

7.

MISCELLEANEOUS REPORTS AND PRESENTATIONS A. Private Event Approval Request for OC's 80s Endless Summer Beach Boot Camp - September 15, 2015

8.

PUBLIC HEARINGS

9.

ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF A. Request Approval to Solicit Bids for Wastewater Treatment Plant Administration Building HVAC Replacement presented by Public Works Director

10.

ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. First Reading - Ordinance to Amend Chapter 34, Fire Prevention and Protection Code (to implement a third-party automated system for the Quality Assurance Program)

Mayor and City Council – Regular Meeting

August 3, 2015

B. First Reading - Ordinance to Amend Chapter 1, General Provisions (to add Chapter 62, Boardwalk Performing and Vending, to revise list of personnel authorized to issue citations and to add lien on property authority) 11.

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

12.

COMMENTS FROM THE CITY MANAGER A. City Manager Comments

13.

COMMENTS FROM THE MAYOR AND CITY COUNCIL A. Mayor and City Council Comments

14.

ADJOURN

3.A TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

3.A

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Diana Chavis, City Clerk Closed Session Notice and Report July 30, 2015

ISSUE(S):

Closed Session

SUMMARY:

A closed session is scheduled from 5:00 PM – 6:00 PM to discuss legal and personnel matters.

FISCAL IMPACT:

Not Applicable

RECOMMENDATION:

Not Applicable Excellent Service through a High Performing Town Organization

ALTERNATIVES:

Not Applicable

RESPONSIBLE STAFF:

Not Applicable

COORDINATED WITH:

Not Applicable

ATTACHMENT(S):

1. Closed Session Notice 2. Closed Session Report

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NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY Monday, August 3, 2015 5:00 p.m. City Hall Legal and Personnel Matters UNANIMOUS OTHER: FOR: AGAINST: ABSTAIN: ABSENT:

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES: 1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion, X compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or (ii) any other personnel matter that affects one or more specific individuals; 2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business 3. To consider the acquisition of real property for the public purpose and matters directly related thereto; 4. Consider a matter that concerns the proposal for a business or industrial organization to locate, expand or locate in the state; 5. Consider the investment of public funds; 6. Consider the marketing of public securities; X 7. Consult with counsel to obtain legal advice; 8. Consult with staff, consultants or other individuals about pending or potential litigations; 9. Conduct collective bargaining negotiations or consider matters that relate to the negotiations; 10. Discuss public security if the public body determines that public discussion would constitute a risk to the public or public security, including; a) the deployment of fire and police services and staff; and b) the development and implementation of emergency plans 11. Prepare, administer or grade a scholastic, licensing or qualifying examination; 12. Conduct or discuss an investigative proceeding on actual or possible criminal conduct; 13. Comply with a specific constitutional, statutory or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or 14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process

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Attachment: Closed Session Notice (1325 : Closed Session Notice and Report)

DATE AND TIME: PLACE: SUBJECT: VOTE:

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

Prior to this open session of the Mayor and City Council being held on Monday, August 3, 2015, a closed session was held on Monday, August 3, 2015 at 5:00

Attachment: Closed Session Report (1325 : Closed Session Notice and Report)

p.m. The following is a report of the closed session. 1. A statement of the time, place, and purpose of the closed session is attached. 2. A record of the vote of each member as to closing the session is attached. 3. A citation of the authority under the law for closing the session is attached. 4. (a) Topics of Discussion: Legal and Personnel Matters (b) Persons present: Mayor/Acting City Manager Richard Meehan Council President Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; Dennis Dare; Wayne Hartman; Matt James; Tony DeLuca City Solicitor Guy Ayres City Clerk Diana Chavis Human Resource Director Wayne Evans

Action(s) taken:

Motion to close meeting: End Time:

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4.A TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

4.A

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Diana Chavis, City Clerk Approval of Minutes July 30, 2015

ISSUE(S):

Request to Approve Regular and Work Session Minutes

SUMMARY:

A. Regular Session #14 dated July 20, 2015 B. Work Session dated July 28, 2015

FISCAL IMPACT:

Not Applicable

RECOMMENDATION:

Approve minutes. Excellent Service through a High Performing Town Organization

ALTERNATIVES:

Modifications if necessary.

RESPONSIBLE STAFF:

Diana Chavis, City Clerk Terrance Murray, Deputy City Clerk

COORDINATED WITH:

Not Applicable

ATTACHMENT(S):

None

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5.A TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

5.A

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Diana Chavis, City Clerk Standing Committee Draft Agendas July 30, 2015

ISSUE(S):

Committee Draft Agendas

SUMMARY:

1. 2. 3. 4.

FISCAL IMPACT:

Not Applicable

RECOMMENDATION:

Not Applicable

Police Commission – August 10 Tourism Commission – August 10 Transportation Committee – August 11 Recreation and Parks Committee – August 11

Excellent Service through a High Performing Town Organization

ALTERNATIVES:

Not Applicable

RESPONSIBLE STAFF:

Not Applicable

COORDINATED WITH:

Not Applicable

ATTACHMENT(S):

1. 2. 3. 4.

Police Commission Tourism Commission Transportation Committee Recreation and Parks Committee

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Ocean City, Maryland Police Commission

Monday, August 10, 2015 – 9:00 AM PSB Building, 6501 Coastal Highway

1.

Call to Order

2.

Approval of Minutes of July 13, 2015 Meeting

3.

Discussion and definition of RFP criteria for carriage rides on the boardwalk and bayside routes.

4.

City Solicitor Ayres recommendation on Landscape Ordinance

5.

City Solicitor Ayres recommendation on Opt-In Ordinance

6.

Chief Buzzuro’s Update and CEW Report

7.

Adjourn

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Attachment: Police Commission (1323 : Standing Committee Draft Agendas)

AGENDA

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Tourism Commission Meeting   Draft Agenda  Monday, August 10, 3 p.m.  Room M201, Convention Center 

1) 2) 3) 4) 5)

Approval of minutes: June 8, 2015   Fish in OC update – Scott Lenox (Expand Tourism Year Round Primary Season & 2nd season) 2015 Free events attendance review (Enhance the tourists’ experiences – more enjoyable, more memorable) Free summer events line‐up for 2016 (Enhance the tourists’ experiences – more enjoyable, more memorable) Organizational reports  Chamber of Commerce  Economic Development Committee  HMRA  OCDC  MD Tourism Development Board  Dept. of Tourism  Convention Center  Special Events      Closed session                        

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Attachment: Tourism Commission (1323 : Standing Committee Draft Agendas)

   

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OCEAN CITY, MARYLAND TRANSPORTATION COMMITTEE Public Works Conference Room - 9:00 a.m. TUESDAY, AUGUST 11, 2015 TRANSPORTATION COMMITTEE DRAFT AGENDA

2. Update on Bus Ridership “Stats” 3. Update on Bus “Fare Box” Revenue “Stats” 4. Continuation of Discussions on the Facility Rehab and Refurbishment  Close Out of FY15 Budget 5. Continuation of Discussions on the Campus Plan and Forthcoming Design Efforts  Status of the MTA Engineering Department Review and Approval of the 10% Design Contract 6. Continuation of the Bike Route Planning Discussions  Review of a Draft Easement Form for Access thru Private Properties 7. Continuation of Tram Related Topics  Advertising Sales for the Summer of 2015  Construction of Additional Advertising Panels before the Summer of 2016  Operating Schedule/Hours for the Fall of 2015 8. A Brief Overview of the “MTA Quarterly Review” Topics and Status

9. Adjourn

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Attachment: Transportation Committee (1323 : Standing Committee Draft Agendas)

1. Update on Bus Deployment “Stats” and Overall Seasonal Bus Driver Staffing Levels

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OCEAN CITY, MARYLAND RECREATION & PARKS COMMITTEE Tuesday, August 11, 2015 3:30 P.M. Northside Park Recreation Complex

1. Call to Order

2. Eagle’s Landing Spray-Irrigation/Effluent Water Discharge a. Update on County funding by John Ross, Deputy Director of Public Works for Worcester County

3. Private Event Applications

4. Follow-up on Play It Safe Wristband process

5. Community Parks and Playgrounds Grant – Beach Playground

6. Proposal of projects for inclusion in next Bond

7. Other Business     8. Adjournment

Susan/Word/Rec & Parks Committee Meeting Agenda 8/11/15

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Attachment: Recreation and Parks Committee (1323 : Standing Committee Draft Agendas)

AGENDA

6.A TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

6.A

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Frank Miller, Special Events Director Komen July 28, 2015

ISSUE(S):

Request approval to hold the Susan G. Komen Maryland Ocean City Race for the Cure on Saturday, April 16, 2016.

SUMMARY:

This event aims to increase awareness and support of breast cancer. The race village is located in the Inlet Lot, which has a festival-like atmosphere, full of celebration, music and emotion. The 5K race takes place in the Inlet Lot, on the Boardwalk, pier and concrete pad east of the Boardwalk. The 1-mile fun run/walk takes place on the concrete pad east of the Boardwalk and Inlet Lot. A draft Memorandum of Understanding has been created to identify responsibilities of both Susan G. Komen Maryland and the Town of Ocean City.

FISCAL IMPACT:

The applicant shall pay the Town $425.00 in Private Event Fees. The Town shall provide the applicant up to $25,000 of in-kind services to support the event in exchange for a Presenting Sponsorship.

RECOMMENDATION:

Approve event as presented. 1st Class Resort and Tourist Destination

ALTERNATIVES:

No staff alternatives suggested.

RESPONSIBLE STAFF:

Lisa Mitchell, Special Events Coordinator Thomas Dy, Public Works Maintenance Manager

COORDINATED WITH:

Kim Marzullo, Susan G. Komen Maryland

ATTACHMENT(S):

1. April 2016 Calendar 2. Draft Memorandum of Understanding 3. Event Application

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April Sun

Mon

Tue

Wed

Thu

Fri 1

Sat 2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

PE – Komen TENTATIVE

17

18

19

20

21

22

23

25

26

27

28

29

30

PE – MD Kite Expo

PE - Boardwalkin’ for Pets PE – MD Kite Expo

PE – Komen TENTATIVE

24

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Attachment: April 2016 Calendar (1317 : Komen)

PE – St. Jude’s Walk

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DRAFT TOWN OF OCEAN CITY 301 BALTIMORE AVENUE OCEAN CITY, MARYLAND 21842 MEMORANDUM of UNDERSTANDING BETWEEN THE MAYOR AND CITY COUNCIL TOWN OF OCEAN CITY, MARYLAND AND KIM MARZULLO, SUSAN G. KOMAN MARYLAND

As of 07/28/2015 1. Purpose. This Memorandum of Understanding (MOU) defines the terms by which the Komen Maryland Ocean City Race for the Cure shall be presented in 2016 and identifies what each party shall accomplish and by what dates. The Private Event Application for the Komen Maryland Ocean City Race for the Cure and all signed disclosures shall be incorporated into this MOU by reference. 2. Request for Permission to Conduct Event: Representatives from Komen MD approached the Town of Ocean City (TOC) with a Private Event Application, requesting permission to conduct the Komen Maryland Ocean City Race for the Cure on Saturday, April 16, 2016. 3. Event Summary: This event aims to increase awareness and support in the fight against breast cancer. The Race Village, which is located in rows AA-E of the Inlet Lot, opens at 7 am. A 5K race takes place on the Boardwalk, the concrete pad east of the Boardwalk and the Inlet Lot. Race begins at 9 am. A OneMile Fun Walk also takes place at 9:15 am on the concrete pad east of the Boardwalk and Inlet Lot. 4. Scope. This Memorandum of Understanding includes the planning, coordination and execution of the Komen Maryland Ocean City Race for the Cure and identifies tasks/responsibilities for each party. This memorandum shall remain enforced until terminated by either party. 5. Financial Agreement: The Town of Ocean City provides up to $25,000.00 of in-kind services in exchange for a Presenting Sponsorship. 6. The attached race diagram provided by Komen Maryland is a part of this MOU. 7. The following identifies the responsibilities of Komen Maryland: a. There may be Springfest items staged in the Inlet Lot. Komen shall not in any manner move, alter or use Springfest hardware, with the exception of the Springfest archway. Komen is permitted to use the archway located in the northwest corner of the Inlet Lot, but the archway shall not be moved, painted, or permanently modified in any way. Archway must be returned to the Town of Ocean City in the same condition it was rendered for use. b. Set-up for the event shall take place 8 am Thursday, April 14 thru 6:30 am Saturday, April 16, 2016. c. Tents may be set-up in the Inlet Lot, but shall not be staked into the blacktop or other existing hard surfaces. 1 Packet Pg. 14

Attachment: Draft Memorandum of Understanding (1317 : Komen)

SUBJECT: KOMEN MARYLAND OCEAN CITY RACE FOR THE CURE

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Attachment: Draft Memorandum of Understanding (1317 : Komen)

DRAFT d. Shall obtain the necessary permits from the Office of the Fire Marshal for the Town of Ocean City. e. Shall submit a detailed site plan of the Race Village to the Office of the Fire Marshal for the Town of Ocean City to review, including truss work, timing mats, bleachers, 40’x20’ stage, rolling stage, and tents. This site plan must indicate accesses to the Boardwalk, location of the fire hydrants located in the Inlet Lot, and the accesses and clearances that shall be maintained from any tents, displays, vehicles, stages and the like. f. All loading and unloading of event items shall take place in the northern end of the Inlet Lot, rows AA-E. g. A Komen Maryland representative shall be on-site in the Inlet Lot to approve placement of the Rolling Stage on the concrete pad on the east side of the Boardwalk at South Division Street, and the 40’x20’ Stage in the northern end of the Inlet Lot on Friday morning, April 15, 2016. Meeting time shall be confirmed no later than Wednesday, April 6, 2016. h. A Komen Maryland representative shall be on-site in the Inlet Lot to approve placement of the bleachers in the sand on the east side of the Inlet Lot between rows AA-E on Friday morning, April 15, 2016. Meeting time shall be confirmed no later than Wednesday, April 6, 2016. i. A Komen representative shall receive the water bib key from the Department of Public Works on Friday, April 15, 2016. The key shall be returned to the Public Works Maintenance Department, located on 65th Street and the Bay, on Monday, April 18, 2016. j. Permitted to have one (1) 4-wheel drive vehicle on the beach in the vicinity of Somerset Street to house the chip timer computer during the race. The vehicle shall access and exit the beach at Dorchester Street. At a minimum, two (2) Komen Representatives must aid the driver of the vehicle with entering and exiting the beach using the Boardwalk and yield right of way to pedestrians. k. Komen Maryland shall not place any type of barricades other than Public Works’ provided orange traffic cones on the Boardwalk, the concrete pad east of the Boardwalk and the Inlet Lot. l. A Komen representative shall coordinate a time for Ocean City electrician to be on-site for Friday, April 15, 2016. They shall coordinate this no later than Wednesday, April 6, 2016. m. Shall provide security on the Inlet Lot Saturday morning, April 16, 2016 from 12:01 am until 12 noon. Komen Maryland representatives shall control all vehicles entering and exiting the Inlet Lot during this time. n. Shall permit pier workers and delivery trucks with proper identification to enter and exit the Inlet Lot during the event. o. The event headquarters shall be the Komen Sponsor Media Lounge, located within rows AA-E of the Inlet Lot. p. Set-up both a 5K and 1-Mile start and finish. q. Shall provide portable toilets within rows AA-E of the Inlet Lot. They are to be delivered no sooner than Thursday, April 14, 2016 and must be picked up no later than 7 am Monday, April 18, 2016. r. Komen is permitted to sell Komen-related items only within the Donations Tent located in the Race Village. s. New Balance, a sponsor of the event, is permitted to sell t-shirts only within the festival grounds. t. Komen shall coordinate race route entertainment. Any additional needs from the Town of Ocean City to provide this entertainment must be provided in writing to the Town of Ocean City no later than Wednesday, April 6, 2016.

6.A.b

8. The Town of Ocean City is responsible for providing: a. Department of Public Works (DPW) shall cone off the northern end of the Inlet Lot, Rows AA-E by 8 am Thursday, April 14, 2016. b. DPW shall provide 20 each free parking passes for Komen Maryland event staff to use during set-up and breakdown of the event in the Inlet Lot. DPW shall issue passes and honor them from Thursday, April 14, 2016 until Monday, April 18, 2016. c. DPW shall set the Springfest archway no later than Friday, April 15, 2016. Komen is permitted to use the archway for their event. d. DPW shall close the street end of 18th Street between the Boardwalk and Baltimore Avenue, including four (4) parking spaces for Komen to place a water station at this, the turnaround point. e. DPW shall close the Inlet Lot as paid parking operations at 12:01 am on Saturday, April 16, 2016. The lot will remain closed to the public until 12 noon on Saturday, April 16, 2016. f. DPW shall place the Rolling Stage on the concrete pad on the east side of the Boardwalk at South Division Street, and the 40’x20’ Stage in the northern end of the Inlet Lot on Friday morning, April 15, 2016. A Komen representative shall be present when the items are set to approve the location. Meeting time shall be confirmed no later than Wednesday, April 6, 2016. g. DPW shall place the bleachers in the sand on the east side of the Inlet Lot between rows AAE on Friday morning, April 15, 2016. A Komen representative shall be there when the bleacher is set to approve the location. Meeting time shall be confirmed no later than Wednesday, April 6, 2016. h. DPW shall provide and place trash barrels in the Inlet Lot on Friday, April 15, 2016. i. DPW shall provide 260 cones in the northwest corner of the Inlet Lot by Thursday morning, April 14, 2016 for Komen to use. j. DPW shall not provide any trashcan liners. k. DPW shall provide bike fencing. This fencing is to be used only in the Inlet Lot. 3 Packet Pg. 16

Attachment: Draft Memorandum of Understanding (1317 : Komen)

DRAFT u. Shall load out as soon as event ends. All equipment and event items must be out of the Inlet Lot by 7 am on Monday, April 18, 2016. The only exception is for drivable equipment that can be moved by Town of Ocean City personnel. v. Shall set-up and breakdown bike fence and place in the truck provided by the Department of Public Works (DPW). w. Shall provide all trashcan liners for the receptacles within the event footprint. x. Shall maintain the removal of trash from the event site during the event, including set-up and breakdown. Shall deposit full liners into the large dumpsters located at the Inlet Lot and reline the trashcans. y. Set-up and breakdown 260 cones provided by DPW in the Inlet Lot and stack in the northwest corner of the Inlet Lot. z. Shall comply with all provisions of the Town of Ocean City’s agreement with Coca-Cola Refreshments as it pertains to the distribution or sales of beverages by the applicant on Town property. The applicant agrees to sell, dispense or serve only Coca-Cola beverages on Town premises for the duration of the permitted use. aa. Shall provide the Certificate of Insurance (COI) to include coverage for personal injury in the amount of $1,000,000.00 single limit, and name the Mayor and City Council as additional insured. This certificate shall be provided to the Town of Ocean City’s Private Event Coordinator. bb. In case of an emergency, shall adhere to the Town of Ocean City Event Festival Emergency Operational Guidelines.

6.A.b

9. This MOU shall remain in force until May 17, 2016. 10. Operational Security Provision: In the event of exigent circumstances arising during the course of the Komen Maryland Ocean City Race for the Cure, the Town may, at its sole discretion, deploy or divert such public safety personnel and resources as deemed necessary. 11. The Town of Ocean City shall receive no portion of the Komen Maryland Ocean City Race for the Cure profits. 12. The Private Event Coordinator for the Town of Ocean City shall serve as the Town’s Agent for the planning, coordination and execution of the Komen Maryland Ocean City Race for the Cure. Kim Marzullo or another Komen Representative shall serve as the agent for Komen Maryland. Should any terms of this MOU not be met or should the tasks identified in the timeline not be accomplished on schedule, the Town of Ocean City may terminate this agreement at its discretion. 13. This MOU is effective when signed below and may be terminated by either party at any time. However, the terminating party shall reimburse the non-terminating party for all out-of-pocket costs to date. 14. In the event a dispute arises regarding this MOU which cannot be resolved by the parties, the matter shall be submitted to mediation before commencement of litigation or as agreed by the parties.

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Attachment: Draft Memorandum of Understanding (1317 : Komen)

DRAFT l. DPW shall open the comfort stations below the police substation at 5 am on Saturday, April 16, 2016. m. DPW shall provide the water bib key to a Komen Representative on Friday, April 15, 2016. n. Town of Ocean City electrician shall be on-site for set-up Friday, April 15, 2016. A Komen representative shall coordinate the time with the Town of Ocean City no later than Wednesday, April 6, 2016. o. Ocean City Beach Patrol (OCBP) shall provide and DPW shall deliver five (5) lifeguard chairs to be placed in rows AA-E of the Inlet Lot to be used as information stations. p. Ocean City Police Department (OCPD) shall provide one (1) room off the main area in the police substation for money counting purposes. q. OCPD shall provide officers and supervisors for a special order, detailing the race route and officer assignments, including one bike officer to lead the 5K. r. Transportation Division/DPW shall operate busses along Coastal Highway every 10-minutes from 6 am until 9 am. After 9 am busses shall resume their normal operating schedule. s. Ocean City Communications Division shall advertise this event on the website and electronic marquees when space is available. t. Ocean City Communications Division shall use VMS signs beginning at 5 am, Saturday, April 16, 2016 on Worcester Street and Philadelphia Avenue and on South 1st Street and Philadelphia Avenue to alert vehicular traffic to the Inlet Lot closure during the event. u. Ocean City EMS services shall be detailed from 7 am until 12 noon on Saturday, April 16, 2016.

6.A.b

DRAFT Maryland Affiliate of the Susan G. Komen Breast Cancer Foundation, Inc., d/b/a Maryland Affiliate of Susan G. Komen for the Cure®, 200 E. Joppa Road, Suite 407, Towson, Maryland 21286 By: Kim Marzullo, Susan G. Koman Maryland

Richard W. Meehan Acting City Manager For the Mayor and City Council

Date___________________ Attachment: Draft Memorandum of Understanding (1317 : Komen)

Date___________________

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Attachment: Event Application (1317 : Komen)

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Attachment: Event Application (1317 : Komen)

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Attachment: Event Application (1317 : Komen)

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Attachment: Event Application (1317 : Komen)

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Attachment: Event Application (1317 : Komen)

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Attachment: Event Application (1317 : Komen)

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Attachment: Event Application (1317 : Komen)

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Attachment: Event Application (1317 : Komen)

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6.B TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

6.B

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Frank Miller, Special Events Director Sunfest Kite Fest July 28, 2015

ISSUE(S):

Request to approve Sunfest Kite Fest to take place September 21-24, 2017 on the beach between 4th and 6th Streets. This event has already been approved to take place at the same location September 24-27, 2015 and September 22-25, 2016.

SUMMARY:

This event consists of kite competitions, mass ascensions, workshops and kite flying displays. The applicant requests 30 tables and 100 chairs be provided by the Town. The applicant also requests the beach vendor boxes within the event footprint be moved against the sea wall by the Town. If approved, Public Works can only provide 25 tables and 30 chairs. They will move the beach boxes against the sea wall.

FISCAL IMPACT:

The Maryland International Kite Expo, Inc. is a non-profit organization located within Worcester County, making it eligible to receive a 75% discount on Private Event Fees upon approval of the Mayor and City Council as outlined in Resolution 2014-11. If approved, the applicant would pay $525.00 for all Private Event Fees (Application and City Space Use). The applicant will also pay $944.90 in Town Asset and Support Fees, making the total fees paid to the Town $1,469.90.

RECOMMENDATION:

Approve the event as presented. 1st Class Resort and Tourist Destination

ALTERNATIVES:

No staff alternatives suggested.

RESPONSIBLE STAFF:

Lisa Mitchell, Special Events Coordinator Thomas Dy, Public Works Maintenance Manager

COORDINATED WITH:

Jay Knerr, The Maryland International Kite Expo, Inc.

ATTACHMENT(S):

1. 2. 3. 4. 5. 6.

September 2015 Calendar September 2016 Calendar September 2017 Calendar Event Summary and Department Comments Event Asset and Support List Event Application and Layout

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6.B.a

September Mon

Tue

Wed

Thu

Fri

Sat

1

2

3

4

5 PE – KGBA

7

8

9

10

11 PE – 911 Parade of Brothers

12 PE – Atlantic Club’s Walk/Run for Recovery PE – Mazda Miata Parade- TENTATIVE PE – KGBA PE – ESA

13 PE – KGBA PE – ESA

14

15

16

17 PE – Bikefest

18 PE – Bikefest

19 PE – Bikefest PE – ESA Rain Date

20 PE – Bikefest PE – ESA Rain Date

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22

23

24 Sunfest PE – Sunfest Kite Fest

25 Sunfest PE – Sunfest Kite Fest

26 Sunfest PE – Sunfest Kite Fest PE – Pigs on the Beach PE – Treasure Hunt on the Beach – TENTATIVE PE – Walk Out of Darkness

27 Sunfest PE – Sunfest Kite Fest PE – Treasure Hunt on the Beach – TENTATIVE PE – OC Cruzers

28

29

30

6 PE – KGBA PE – OC Cruzers

PE – OC Beachlights

PE – OCs 80s Endless Summer Beach Boot Camp Bash TENTATIVE

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Attachment: September 2015 Calendar (1318 : Sunfest Kite Fest)

Sun

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Fri 2

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PE – 9/11 Parade of Brothers

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PE – Bikefest TENTATIVE

25

Sunfest PE – Sunfest Kite Fest PE – Treasure Hunt on the Beach TENTATIVE

15

PE – Bikefest TENTATIVE

22

Sunfest PE – Sunfest Kite Fest

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27

28

29

16

PE – Bikefest TENTATIVE

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Sunfest PE – Sunfest Kite Fest

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PE – Bikefest TENTATIVE

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Sunfest PE - Pigs on the Beach PE – Sunfest Kite Fest PE – Treasure Hunt on the Beach TENTATIVE

30

PE – Wine on the Beach

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Attachment: September 2016 Calendar (1318 : Sunfest Kite Fest)

September

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September 2017

3

Monda y

4

Tue sda y

W e dne sda y

Thursda y

Fri da y

S a turda y

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Labor Day

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18

19

20

21 Sunfest PE – Sunfest Kite Fest - TENTATIVE

22 Sunfest PE – Sunfest Kite Fest - TENTATIVE

23 Sunfest PE – Sunfest Kite Fest - TENTATIVE

25

26

27

28

29

30

PE – OC Bikefest TENTATIVE

24 Sunfest PE – Sunfest Kite Fest - TENTATIVE

PE – OC Bikefest TENTATIVE

PE – OC Bikefest TENTATIVE

PE – OC Bikefest TENTATIVE

PE – Pigs on the Beach - TENTATIVE

Packet Pg. 30

Attachment: September 2017 Calendar (1318 : Sunfest Kite Fest)

S unda y

6.B.d

This event has already been approved to take place September 24-27, 2015 and September 22-25, 2016. Requesting approval for this event to take place September 21-24, 2017. Application Received – June 22, 2015 Date Returned from all Departments – July 16, 2015 Private Event Fees - $2,100.00 Less 75% Discount – ($1,575.00) Total Private Event Fees - $525.00   

Application Fee - $100.00 Concessions Fee - -0City Space Use Fee - $2,000.00 ($250.00 per block/per day, 2 blocks/4 day)

Town Asset & Support Fees – $944.90 Total Fees Paid to Town - $1,469.90

Event Summary                  

Date – Thursday thru Sunday, September 21-24, 2017 Set-up – Morning of the event Breakdown – Immediately following the event Location – The beach between 4th and 6th Streets Description – Kite competitions, mass ascensions, workshops and kite flying displays Event Headquarters – The Kite Loft, 5th St. and the Boardwalk Supplies provided by applicant – Event related PA System - Yes Crowd Control Procedures – N/A Parking Needs – N/A Medical Assistance – N/A Rain Policy – Rain or shine Solid Waste Plan – Dumpster at the Kite Loft Comfort Station Plan – Public facilities, possible port-o-let on Kite Loft property Concession Sales – N/A Sampling – N/A Revenue Generation – No fees charged Prizes/Awards – Gift certificates -1Packet Pg. 31

Attachment: Event Summary and Department Comments (1318 : Sunfest Kite Fest)

Sunfest Kite Festival

            

Raffle – N/A Tent – N/A Air-inflated Structures – N/A Bonfire – N/A Fireworks – N/A Alcoholic Beverages – N/A Expected number of Participants – 500 Expected number of Spectators – 100,000 Beach Franchise Notified – Will do prior to the event Assistance and Supplies needed from the Town – 30 tables, 100 chairs, beach vendor boxes moved against the sea wall Prior Event Information – This event has been taking place since 1978 Sponsors – Kite Loft, Shenanigans, Alaska Stand, Town of Ocean City Additional Comments – Music on the Kite Loft’s deck every day during the event. There will be a banquet Saturday evening in the Kite Loft parking lot from 7:00-11:00 pm with music.

Staff Comments Beach Patrol It is imperative that the event (including set-up and breakdown) does not interfere with the normal patrolling of the beach for safety or beach patrons who are there to enjoy a day at the beach and are not a part of the kite event. It’s imperative the event not interfere with the normal patrolling of the beach for safety. The event must set-up at least 30-feet from the easternmost edge of the Boardwalk/concrete pad, as well as the wooden walkways that run perpendicular to the Boardwalk to allow emergency and city vehicles to traverse the beach. The event organizer must also establish east/west lanes so OCBP may move from the back of the beach to the water’s edge. The event organizer must take responsibility to keep these areas open and that their spectators do not set up in these areas. The organizer must assure that the north end of the flying area does not extend to the jetty. If so, there will be no room for OCBP to get around the jetty without having to drive in the event’s footprint. The event footprint cannot extend further east than the wooden walkways that are perpendicular to the Boardwalk. Lastly, if OCBP clears the beach for lightning, the event must also be cleared until OCBP allows for a safe return to the beach. Risk Management Requires insurance coverage to be provided and a certificate naming TOC as additional insured. Hold harmless agreement has been signed. Public Works Can provide 25 tables and 30 chairs for the event. Shall also move the Beach Boxes to the Sea Wall. Transportation, Fire Marshal, Recreation & Parks, Police, Tourism, Convention Center, and Emergency Services No comments or concerns.

-2Packet Pg. 32

Attachment: Event Summary and Department Comments (1318 : Sunfest Kite Fest)

6.B.d

6.B.e

DRAFT

Town of Ocean City

Event:

Asset Rate Schedule - Events

Sunfest Kite Festival

Start Date:

9/24/2015

Attachment A End Date:

9/27/2015

Update:8/12/14

PER DAY/TASK

Prev Cost

$ $

TOC Cost

5.00 $ 2.00 $

Cost/Hour

O/T Rate

# of Hours

# OT Hours

5.00 2.00

# of Days Qty Used

4.00 4.00

Line Cost

M&CC %

Change

Extended Cost $ -

25.00 $ 30.00 $

500.00 240.00

$500.00 $240.00

$ $

-

ACTIVE HARDWARE/EQUIP. Department of Public Works Pick-up Truck/Operator

$

42.21 $

63.32

4.00

$

168.84

$168.84

$

-

LABOR POSITIONS Department of Public Works Supervisor

$

36.06 $

54.09

1.00

$

36.06

$36.06

$

-

$

944.90 $

-

TOTAL RAW COST M&CC MANDATED CHANGE TOTAL CONVEYED COST

Expaination/Description

Attachment: Event Asset and Support List (1318 : Sunfest Kite Fest)

Asset Description STATIC HARDWARE/EQUIP. Department of Public Works Folding 6' Table Chair

$944.90

OCPD and OCVFD assets shall be provided separately and on a case by case basis. Availability of Assets is not garaunteed and subject to change without notice. Town of Ocean City needs shall take priority as related to use of Town assets.

Town of Ocean City Confidential

7/27/2015

Page 1

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Attachment: Event Application and Layout (1318 : Sunfest Kite Fest)

6.B.f

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Attachment: Event Application and Layout (1318 : Sunfest Kite Fest)

6.B.f

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Attachment: Event Application and Layout (1318 : Sunfest Kite Fest)

6.B.f

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Attachment: Event Application and Layout (1318 : Sunfest Kite Fest)

6.B.f

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Attachment: Event Application and Layout (1318 : Sunfest Kite Fest)

6.B.f

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Attachment: Event Application and Layout (1318 : Sunfest Kite Fest)

6.B.f

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Attachment: Event Application and Layout (1318 : Sunfest Kite Fest)

6.B.f

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Attachment: Event Application and Layout (1318 : Sunfest Kite Fest)

6.B.f

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Attachment: Event Application and Layout (1318 : Sunfest Kite Fest)

6.B.f

Packet Pg. 42

6.C TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

6.C

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Dean Dashiell, PW Senior Project Manager Bid Award Recommendation - Secondary Clarifier Addition and Related Improvements July 28, 2015

ISSUE(S):

Request for approval of bid award recommendation.

SUMMARY:

The Mayor and City Council opened bids on the 4th Secondary Clarifier and Related Improvements Project at the July 28 Work Session. The lowest responsible bid was tendered by Bearing Construction, Inc. Bearing Construction’s bid submission has been reviewed and is in compliance with the bid documents. All bid results were reviewed with Bearing. They will honor their bid submission of $4,560,000.00 for the Total Base Bid.

FISCAL IMPACT:

The low bid tendered by Bearing Construction, Inc. is $4,560,000.00. Funding to be obtained through the sale of Municipal Purpose Bonds this coming fall. Budgeted amount was $5.5 million. Total project cost, as detailed on the attached outline, is $5,144,650.

RECOMMENDATION:

Award the 4th Secondary Clarifier Project to Bearing Construction, Inc. More Livable Community for Residents

ALTERNATIVES:

Not Applicable

RESPONSIBLE STAFF:

Hal Adkins, Public Works Director Dean Dashiell, PW Senior Project Manager

COORDINATED WITH:

Public Works Chief Deputy Director Jim Parsons; Wastewater Superintendent Randy Bradford

ATTACHMENT(S):

1. Secondary Clarifier Supplemental

Packet Pg. 43

RE: Secondary Clarifier & Related Improvements – Bid Recommendation Bid Results: Contractors

Bearing Construction

Johnston Construction

$ 4,552,595.00

$ 7,496,221.00

$ 7,405.00

$ 32,450.00

$ 4,560,000.00

$ 7,528,671.00

Lee Foundation

PART- A Base Bid No Bid

PART- B Contingency Total Bid (Part A + B)

Funding requirements for the Total Project to be included in the Municipal Bond sales:  



$ 4,560,000.00 for the Secondary Clarifier Addition and Related Improvements. $ 456,000.00 = 10% Contingency based on the Total Bid listed above, due to the complexity of this project with connections to structures, systems, and processes in place since 1981, unforeseen conditions could be expected with this broad scope of work. $ 128,650.00 for Structural Engineer Inspection of Auger Cast Piling Installation, and Shop Drawing Evaluation.

Total Cost for this project is $ 5,144,650.00.

Packet Pg. 44 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)

Attachment: Secondary Clarifier Supplemental (1320 : Bid Award Recommendation - Secondary Clarifier Addition and Related Improvements)

6.C.a

7.A TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

7.A

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Frank Miller, Special Events Director OC 80s Endless Summer Beach Boot Camp July 27, 2015

ISSUE(S):

Request approval to hold OC’s 80s Endless Summer Beach Boot Camp Bash on Tuesday, September 15, 2015 from 3:00-8:00 pm on the beach at 2nd Street.

SUMMARY:

This event is an obstacle course on the beach. Restaurants, bars, or other businesses will sponsor teams of six (6) members to compete in tug-of-war, ping pong, corn hole and tires, as well as other obstacles. There may also be a blow-up bounce house, or something to that effect.

FISCAL IMPACT:

The Downtown Association is a non-profit organization whose main office is located within Worcester County, making it eligible to receive a 75% discount on Private Event Fees upon approval of the Mayor and CIty Council as outlined in Resolution 2014-11. If approved, the applicant shall pay $87.50 for all Private Event Fees (Application and City Space Use).

RECOMMENDATION:

Approve event as presented. 1st Class Resort and Tourist Destination

ALTERNATIVES:

No staff alternatives suggested.

RESPONSIBLE STAFF:

Lisa Mitchell, Special Events Coordinator Thomas Dy, Public Works Maintenance Manager

COORDINATED WITH:

Lisa L. Aydelotte, Downtown Association of Ocean City

ATTACHMENT(S):

1. September 2015 Calendar 2. Event Summary and Department Comments 3. Event Application and Layout

Packet Pg. 45

7.A.a

Sun

Mon

Tue

Wed

Thu

Fri

Sat

1

2

3

4

5 PE – KGBA

7

8

9

10

11 PE – 911 Parade of Brothers

12 PE – Atlantic Club’s Walk/Run for Recovery PE – Mazda Miata Parade- TENTATIVE PE – KGBA PE – ESA

13 PE – KGBA PE – ESA

14

15

16

17 PE – Bikefest

18 PE – Bikefest

19 PE – Bikefest PE – ESA Rain Date

20 PE – Bikefest PE – ESA Rain Date

21

22

23

24 Sunfest PE – Sunfest Kite Fest

25 Sunfest PE – Sunfest Kite Fest

26 Sunfest PE – Sunfest Kite Fest PE – Pigs on the Beach PE – Treasure Hunt on the Beach – TENTATIVE PE – Walk Out of Darkness

27 Sunfest PE – Sunfest Kite Fest PE – Treasure Hunt on the Beach – TENTATIVE PE – OC Cruzers

28

29

30

6 PE – KGBA PE – OC Cruzers

PE – OC Beachlights

PE – OCs 80s Endless Summer Beach Boot Camp Bash TENTATIVE

2015 Packet Pg. 46

Attachment: September 2015 Calendar (1319 : OC 80s Endless Summer Beach Boot Camp)

September

OCs 80s Endless Summer Beach Boot Camp Bash This is a new event for the Town of Ocean City. Application Received – June 11, 2015 Date Returned from all Departments – July 16, 2015 Private Event Fees - $350.00 Less 75% Discount – ($262.50) Total Private Event Fees - $87.50  

Application Fee - $100.00 City Space Use Fee - $250.00

Town Asset & Support Fees – -0Total Fees Paid to Town - $87.50

Event Summary               

New Event Date and Time – Tuesday, September 15, 2015 from 3:00-8:00 pm Set-up – Day of the event, beginning at 12:00 noon Breakdown –Immediately following the event, and complete by 11:00 pm Location – On the beach at 2nd Street Description – Obstacle course on the beach. Each restaurant, bar, or other business will have a team of six (6) people. There will be tug-of war, ping pong, corn hole, tires and other obstacles. Also considering a blow-up bounce house, or something to that effect. Headquarters – Mug & Mallet Vehicular Access to the Beach – No Supplies provided by applicant – Request permission to drive onto the Boardwalk to unload and load all equipment Crowd Control Procedures – Volunteers will control the crowds Parking Needs – No Medical Assistance – Will call 911 Rain Policy – Rain or shine Solid Waste Plan – Use existing trash containers on-site Comfort Station Plan – Public Facilities and Mug & Mallet restrooms -1Packet Pg. 47

Attachment: Event Summary and Department Comments (1319 : OC 80s Endless Summer Beach Boot Camp)

7.A.b

                

Concession Sales – Not on public property Product Sampling – N/A Revenue Generation – $50.00 per team, which will benefit the Downtown Association Prizes/Awards – 1st, 2nd, and 3rd place wooden plaques Raffle – N/A Tent – N/A Air-inflated Structure – Possibly Bonfire- N/A Fireworks – N/A Alcoholic Beverages – Not on public property Expected number of Participants – 120 Expected number of Spectators – 100 Beach Stand Operator Contact – Not yet Assistance and Supplies needed from the Town – None Prior Event Information – While this event is new to Ocean City, the Downtown Association has hosted a number of events in town. Sponsors – Downtown Association Additional Comments – Very excited to get Downtown Association members and non-members to join in this fun 80s event. Will ask everyone to come dressed in their 80s workout attire. Will also have a DJ playing all 80s songs.

Staff Comments Risk Management Hold Harmless signed. Must provide Insurance naming the Mayor and City Council as additional insured. Should also have all participants sign a waiver. Beach Patrol Any vehicles on the beach must leave by 8:00 am and not return until after 7:00 pm. Public Works, Transportation, Fire Marshal, Ocean City Police Department, Recreation & Parks, Tourism, Convention Center, and Emergency Services No comments or concerns.

-2Packet Pg. 48

Attachment: Event Summary and Department Comments (1319 : OC 80s Endless Summer Beach Boot Camp)

7.A.b

Attachment: Event Application and Layout (1319 : OC 80s Endless Summer Beach Boot Camp)

7.A.c

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Attachment: Event Application and Layout (1319 : OC 80s Endless Summer Beach Boot Camp)

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Attachment: Event Application and Layout (1319 : OC 80s Endless Summer Beach Boot Camp)

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Attachment: Event Application and Layout (1319 : OC 80s Endless Summer Beach Boot Camp)

7.A.c

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Attachment: Event Application and Layout (1319 : OC 80s Endless Summer Beach Boot Camp)

7.A.c

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Attachment: Event Application and Layout (1319 : OC 80s Endless Summer Beach Boot Camp)

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Attachment: Event Application and Layout (1319 : OC 80s Endless Summer Beach Boot Camp)

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Attachment: Event Application and Layout (1319 : OC 80s Endless Summer Beach Boot Camp)

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Attachment: Event Application and Layout (1319 : OC 80s Endless Summer Beach Boot Camp)

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Attachment: Event Application and Layout (1319 : OC 80s Endless Summer Beach Boot Camp)

7.A.c

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9.A TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

9.A

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Dean Dashiell, PW Senior Project Manager Wastewater Treatment Plant-Administration Building HVAC Replacement July 27, 2015

ISSUE(S):

Request to Solicit Bids for the Wastewater Administration Building HVAC Replacement.

SUMMARY:

Public Works Administration, in conjunction with the Wastewater Division, is requesting approval from the Mayor & City Council to solicit bids for replacement of the Heating, Ventilation, and Air Conditioning system in the Wastewater Administration Building.

FISCAL IMPACT:

Funding for this project is covered in the Wastewater FY 2016 budget.

RECOMMENDATION:

Approve bid solicitation. Excellent Service through a High Performing Town Organization

ALTERNATIVES:

Not Applicable

RESPONSIBLE STAFF:

Hal Adkins, Public Works Director Dean Dashiell, PW Senior Project Manager

COORDINATED WITH:

Catrice Parsons

ATTACHMENT(S):

None

Packet Pg. 59

10.A TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

10.A

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Diana Chavis, City Clerk First Reading - Quality Assurance Program Improvements July 29, 2015

ISSUE(S):

First reading – ordinance to amend Ocean City Fire Prevention Code, Article V, Quality Assurance Program, Sections 34-123 and 34-125.

SUMMARY:

At the March 31, 2015, Work Session, Council approved a request to solicit bids or to piggyback on a contract for a thirdparty system to automate portions of the Quality Assurance Program. Procurement Manager Catrice Parsons approved, as compliant with the Town's Purchasing Policy, a contract with Brycer LLC. Two code amendments, proposed to implement the third-party automated system, were approved by Council at the July 28 Work Session.

FISCAL IMPACT:

Saved employee hours will be redirected towards reducing permit/plan review turn-around, complaints/referrals, and construction field inspections. Fire Protection Contractors will be charged by Brycer, the third party data collection system company, a $10 filing fee per required fire protection system test report. The Fire Marshal's office currently bills and will continue to bill property owners $30 per system tested.

RECOMMENDATION:

Pass ordinance for second reading on August 17. Excellent Service through a High Performing Town Organization

ALTERNATIVES:

Proceed with project as currently implemented.

RESPONSIBLE STAFF:

David Hartley, Fire Marshal/Deputy Chief Josh Bunting, Fire Marshal/Captain

COORDINATED WITH:

Finance Administrator Martha Bennett; Budget Manager Jennie Knapp; Procurement Manager Catrice Parsons; Information Technolgy Managers Nancy Bloxom.

ATTACHMENT(S):

1. Ordinance 2. Original code with noted changes

Packet Pg. 60

Attachment: Ordinance (1321 : First Reading - Quality Assurance Program Improvements)

10.A.a

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Attachment: Ordinance (1321 : First Reading - Quality Assurance Program Improvements)

10.A.a

Packet Pg. 62

10.A.b

CURRENT CODE

Sec. 34-121. - Purpose; intent. (a) The purpose of this article is to assure that the fire protection system provided in the Town of Ocean City will function as intended in the event of an emergency; also to assist the owners of the fire protection systems in receiving proper service from the contractor/company who install, test, and inspect and/or perform maintenance for the fire protection systems. (b) The intent of this article is to provide the Office of the Fire Marshal with the resources and a mechanism to respond to complaints and inquires regarding the fire protection systems, also follow-up on inspections reports that show deficiencies within the systems and to verify that the systems have been corrected and in operational condition in the Town of Ocean City. (Ord. No. 2001-7, 4-2-2001)

Sec. 34-122. - Definitions. (a) Fire protection systems. Any fire alarm device or systems or fire extinguishing device or systems, smoke control/smoke management device or systems, or their combination, which is designed and installed for detecting, controlling, or extinguishing a fire, or otherwise alerting occupants or the Fire Department, that a fire has occurred. (Ord. No. 2001-7, 4-2-2001)

Sec. 34-123. - Periodic inspections, testing, and maintenance. (a) Periodic inspections, testing, and maintenance of fire alarm signaling, fire suppression, and any other fire protection systems, devices, and equipment shall be conducted in accordance with the appropriate National Fire Protection Association's Code and Standards, as adopted and/or modified by this Code. The required inspection, testing, and maintenance service shall be conducted by a sprinkler company licensed by the State Fire Marshal Office, for all other systems a competent company or by an approved owners representative at the intervals established by the National Fire Protection Association's Code and Standards, as adopted and/or modified by this Code. (b) Before testing any fire protection system which is connected to a central station or connected directly to the fire communication center, notification shall be given to the central station or fire communications before initiation of the tests. (c) It shall be the responsibility of the owner of the protected property to see that the required periodic inspection, testing, and maintenance of the system are conducted, as well as having the system serviced whenever an unexplained activation of the system occurs or if the system is found to be inoperative. (Ord. No. 2001-7, 4-2-2001)

(d) Fire protection systems inspected or tested more than 90 days outside of the required periodic inspection and testing frequencies may be subject to double fees under section 34-128. Sec. 34-124. - Inspection, testing, and maintenance services. Inspecting, testing, and maintenance is required for all fire protection systems, devices, and equipment installed within the Town of Ocean City. The inspection, testing, and maintenance service shall be conducted by a sprinkler company licensed by the State Fire Marshal Office and for all other systems by a competent company or by an approved owners representative at the intervals established by the applicable

Page 1 Packet Pg. 63

Attachment: Original code with noted changes (1321 : First Reading - Quality Assurance Program Improvements)

ARTICLE V. - QUALITY ASSURANCES PROGRAM

10.A.b

(Ord. No. 2001-7, 4-2-2001)

Sec. 34-125. - Certificate of inspection. (a) A certificate of inspection from the appropriate National Fire Protection Code is required to be forwarded to the Office of the Fire Marshal for the Town of Ocean City after each inspection/test is conducted on all fire protection systems that are required to be inspected, tested, and/or maintained by this article. The certificate of inspection must be submitted to the Office of the Fire Marshal within 30 days of the completion of the required inspection, testing and maintenance by a sprinkler company licensed by the State Fire Marshal Office and for all other systems by a competent company or by an approved owners representative. A certificate of inspection shall be completed after each periodic inspection, testing, or maintenance and shall be maintained on site as part of the permanent systems record. (1) The fire protection company shall, within 30 calendar days of performing the inspection, test or maintenance, submit to the Office of the Fire Marshal a completed inspection form. A third-party or vendor system data collection agency/company may be required to be utilized for the collection of completed certificates of inspections, with any associated collection filing fees. (2) If the certification of inspection form for the fire protection system(s) has not been submitted within 30 days, the fire protection system(s) shall be classified as not being in compliance. (Ord. No. 2001-7, 4-2-2001)

Sec. 34-126. - Submission of fees for certification for fire protection systems. (a) At the completion of the required inspection, testing, or maintenance for each fire protection system, the owner or an approved owners representative shall submit the appropriate fees as referred to in section 34-128 (1) All fees required to be submitted under section 34-128 shall be submitted to the office of the Fire Marshal within 60 calendar days of the date of the inspection, testing, or maintenance. (2) If the owner or owners representative has failed to submit the required fee(s) within 60 days, they shall be found in violation of this Code. (Ord. No. 2001-7, 4-2-2001)

Sec. 34-127. - Code guidelines for inspection, testing, and maintenance. Systems

Appropriate Code

(a) Fire Alarm Systems

NFPA 72 "National Fire Alarm Code"

(b) Sprinkler System(s) (c) Fire Pumps

Page 2 Packet Pg. 64

Attachment: Original code with noted changes (1321 : First Reading - Quality Assurance Program Improvements)

National Fire Protection Association's Code and Standards, as adopted and/or modified by this Code. Upon completion of the inspection, testing, and maintenance service, an approved certificate of inspection from the fire protection company, which includes all the inspection, testing and maintenance criteria set forth in the applicable NFPA code and Standards, shall be submitted to the Ocean City Fire Marshal Office.

(d) Standpipe Systems

NFPA 25 "Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems"

(e) Fire Suppression For Kitchen Hoods

NFPA 96 "Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations"

(f) Generators

NFPA 110 "Standard for Emergency and Standby Power Systems"

(g) Smoke Control Systems

NFPA 92A "Recommended Practice for Smoke-Control Systems"

(h) Smoke Management Systems

NFPA 92B "Guide for Smoke Management Systems in Malls, Atria, and Large Areas"

(Ord. No. 2001-7, 4-2-2001)

Sec. 34-128. - Certificate of inspection for fire protection systems fees. The Mayor and City Council of Ocean City shall, by resolution, adopt a fee schedule for the review of certificates of inspections submitted under the terms of this article. (Ord. No. 2001-7, 4-2-2001)

Secs. 34-129—34-200. - Reserved.

Page 3 Packet Pg. 65

Attachment: Original code with noted changes (1321 : First Reading - Quality Assurance Program Improvements)

10.A.b

10.B TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

10.B

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Diana Chavis, City Clerk Ordinance - Amendments to Chapter 1, General Provisions July 29, 2015

ISSUE(S):

First reading – ordinance to amend Section 1-8, Violations and penalties.

SUMMARY:

Staff communicated several changes to the City Solicitor in regards to Section 1-8:  Add Chapter 62, Boardwalk Performing and Vending, to (c)(1), Municipal infractions. Section (c)(2):  (b) Remove cadets and replace with qualified police officers and employees authorized by the chief of police;  (e), Remove members of the fire prevention commissions and replace with fire chiefs;  (f) Add deputy fire marshals to fire investigators and fire inspectors;  Add Recreation and Parks personnel; and  Add solid waste manager.  Add (f), Lien on Property authority.

FISCAL IMPACT:

Not Applicable

RECOMMENDATION:

Pass ordinance for second reading on August 17. Excellent Service through a High Performing Town Organization

ALTERNATIVES:

No alternatives suggested.

RESPONSIBLE STAFF:

Not Applicable

COORDINATED WITH:

City Solicitor Guy Ayres; Town Department Heads

ATTACHMENT(S):

1. Ordinance 2. Current Code Section 1-8

Packet Pg. 66

Attachment: Ordinance (1322 : Ordinance - Amendments to Chapter 1, General Provisions)

10.B.a

Packet Pg. 67

Attachment: Ordinance (1322 : Ordinance - Amendments to Chapter 1, General Provisions)

10.B.a

Packet Pg. 68

Ocean City, MD Code of Ordinances

Page 1 of 3 10.B.b

Sec. 1-8. - Violations and penalties. (a) Prohibitions. It shall be unlawful to violate any of the laws, ordinances or resolutions of Ocean City, Maryland, as same may be, from time to time, adopted, passed or amended by the Mayor and City Council of Ocean City, Maryland; and any violations thereof, unless otherwise provided in this Code, shall be either a misdemeanor or a municipal infraction as particularized herein. (b) Misdemeanors. (1)

(2)

Any violation of the following laws, ordinances or resolutions shall be, and they are hereby declared to be, a misdemeanor: a.

Chapter 6: section 6-34(7), (8), (12), (14), (15), (16) and (21).

b.

Chapter 18

c.

Chapter 30, article V, divisions 2 through 7.

d.

Chapter 58, article II.

e.

Chapter 58, article III.

f.

Chapter 82

Any offender violating any of the provisions of the above enumerated laws, ordinances or resolutions or committing any of the acts therein declared to be unlawful shall, upon conviction thereof, by a court of competent jurisdiction, be deemed guilty of an offense classified as a misdemeanor and be punishable by a fine of not more than $500.00 and/or be imprisoned for a term not to exceed three months, or both.

(c) Municipal infractions. (1)

Any person, partnership, corporation, unincorporated association, or other business entity who shall violate any of the provisions of the following laws, ordinances or resolutions or who shall fail to comply therewith, or who shall violate or fail to comply with any such order made thereunder, within the time fixed therefor, shall, for each and every such violation and/or noncompliance respectively, be deemed to have committed a "municipal infraction," punishable by a fine of not less than $25.00 nor more than $1,000.00: a.

Chapter 6 (except as provided in subsection (b) hereof).

b.

Chapter 10

c.

Chapter 14, article II.

d.

Chapter 30: section 30-1

e.

Chapter 30, article II, division 2.

f.

Chapter 30, article IV.

g.

Chapter 30, article V, division 8.

h.

Chapter 34

i.

Chapter 58, article I.

j.

Chapter 90, articles I, III, IV, V, VI.

k.

Chapter 66

l.

Chapter 70, article V.

m.

Chapter 74, articles I and II.

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Attachment: Current Code Section 1-8 (1322 : Ordinance - Amendments to Chapter 1, General Provisions)

Current Code

Ocean City, MD Code of Ordinances

Page 2 of 3

n.

Chapter 74, article V.

o.

Chapter 78: section 78-121

p.

Chapter 90, articles V and V-A.

q.

Chapter 90, article VII.

r.

Chapter 94, article II.

s.

Chapter 94, article III.

t.

Chapter 98

u.

Chapter 102, article II.

v.

Chapter 106, article III, division 2.

w. Chapter 106, article III, division 5.

(2)

x.

Chapter 106, article III, division 6.

y.

Chapter 110, zoning.

Any person, partnership, corporation, unincorporated association, or other business entity who shall be deemed to have committed a "municipal infraction" shall be issued a citation for such violation and/or noncompliance. For the purposes of this section, the following listed officials are authorized by the Mayor and City Council to issue citations to violators: a.

Police officers.

b.

Cadets.

c.

Animal Control Officers.

d.

Fire Marshal.

e.

Members of the fire prevention commissions.

f.

Fire investigators and fire inspectors.

g.

Members of the beach patrol.

h.

Building officials.

i.

Planning and zoning administrators.

j.

Licensing investigators and licensing inspectors.

k.

City Engineers and assistants.

A copy of the citation shall be retained by the issuing authority and it shall bear his certification attesting to the truth of the matter therein set forth. (3)

The citation shall contain: a.

Name and address of the person, partnership, corporation, unincorporated association or other business entity charged;

b.

The nature of the infraction;

c.

The location where and time that the infraction occurred;

d.

The amount of the infraction fine assessed;

e.

The manner, location and time in which the fine may be paid to Ocean City; and

f.

Notice of the right to elect to stand trial for the infraction pursuant to Ann. Code of Md. art. 23A, § 3.

(4)

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10.B.b

Ocean City, MD Code of Ordinances

Page 3 of 3 10.B.b

(d) Other relief. It shall be unlawful for any person to fail and/or refuse to provide proper identification to the issuing authority by providing his (her) name, address, and date of birth. Any person who shall fail and/or refuse to provide his (her) name, address and date of birth to the issuing authority shall be charged with a violation of this section and upon conviction thereof, by a court of competent jurisdiction, be deemed guilty of an offense classified as a misdemeanor and be punishable by a fine of not more than $1,000.00 and/or be imprisoned for not more than 90 days, or both. In addition to any fines and penalties in subsections (b) and (c) of this section described, the Mayor and City Council of Ocean City, Maryland, may avail itself of any and all civil and equitable remedies for the purpose of stopping continuing offenses and violation of any chapter of this Code. (e)

Continuing offenses. Each day an offense continues is a separate offense in the absence of provisions to the contrary.

(Ord. No. 1982-28, §§ 106-1—106-4, 6-7-1982; Ord. No. 2000-4 (emer.), 2-15-2000; Ord. No. 2000-7 (emer.), 3-14-2000; Ord. No. 2008-9, 5-19-2008; Ord. No. 2009-18, 8-3-2009; Ord. No. 2012-22, 6-18-2012; Ord. No. 2014-14, 5-19-2014)

State law reference— Violations of ordinances and resolutions, Ann. Code of Md. art. 23A, § 3.

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Attachment: Current Code Section 1-8 (1322 : Ordinance - Amendments to Chapter 1, General Provisions)

The imposition of one "municipal infraction" citation for any violation and/or noncompliance shall not excuse the violation and/or noncompliance nor permit it to continue; and all such violators guilty of such violation and/or noncompliance shall be required to correct or remedy such violation and/or noncompliance within a reasonable time; and when not otherwise specified, each 24 hours that prohibited conditions are maintained shall constitute a separate "municipal infraction."

11.A TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

11.A

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Diana Chavis, City Clerk Comments from the Public July 29, 2015

ISSUE(S):

Public Comments

SUMMARY:

Any person who may wish to speak on any matter at the Regular Session may be heard during Comments from the Public for a period of five (5) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.

FISCAL IMPACT:

Not Applicable

RECOMMENDATION:

Not Applicable Excellent Service through a High Performing Town Organization

ALTERNATIVES:

Not Applicable

RESPONSIBLE STAFF:

Not Applicable

COORDINATED WITH:

Not Applicable

ATTACHMENT(S):

None

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12.A TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

12.A

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Diana Chavis, City Clerk Comments from the City Manager July 29, 2015

ISSUE(S):

City Manager Comments

SUMMARY:

A. Review of tentative Work Session agenda for August 11, 2015

FISCAL IMPACT:

Not Applicable

RECOMMENDATION:

Not Applicable Excellent Service through a High Performing Town Organization

ALTERNATIVES:

Not Applicable

RESPONSIBLE STAFF:

Mayor Meehan, Acting City Manager

COORDINATED WITH:

Not Applicable

ATTACHMENT(S):

None

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13.A TOWN OF

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

Agenda Item #

13.A

Council Meeting

August 3, 2015

The Honorable Council President and Members of Council Mayor Rick Meehan, Acting City Manager Diana Chavis, City Clerk Comments from the Mayor and City Council July 29, 2015

ISSUE(S):

Mayor and City Council Comments

SUMMARY:

Not Applicable

FISCAL IMPACT:

Not Applicable

RECOMMENDATION:

Not Applicable Excellent Service through a High Performing Town Organization

ALTERNATIVES:

Not Applicable

RESPONSIBLE STAFF:

Not Applicable

COORDINATED WITH:

Not Applicable

ATTACHMENT(S):

None

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