November 4 2013 COMPLETE AGENDA.pdf

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    MAYORANDCITYCOUNCILREGULARSESSION

    Monday,November4,20136:00P.M.AGENDA

    1. CALLTOORDER2. PRAYERANDPLEDGE3. APPROVALOFMINUTES

    A. RegularSession#19datedOctober21,2013

    B. WorkSessiondatedOctober29,2013

    4. ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCILA. ChangetoTownAppointeesServingonMDCoastalBaysFoundationBoardofDirectors

    B.Standing

    Committee

    Draft

    Agendas

    5. CONSENTAGENDAA. RequestforApprovaltoSolicitBidsforSkateParkShadeStructure

    B. RequesttoApproveStatementofWorkforSunGardtoModifyComputerAidedDispatch

    Software

    C. RequestApprovaltoRebidRoofReplacementandRestorationProject

    D. RequesttoSolicitBidsforNorthsideParkPierDeckReplacementLabor

    E. 3YearPrivateEventApprovalRequestforPigsontheBeachSeptember26,2015

    6. MISCELLEANEOUSREPORTSANDPRESENTATIONSA.

    Remarks

    from

    Ron

    Pilling

    on

    behalf

    of

    2nd

    Annual

    Out

    of

    Darkness

    Walk

    B. PrivateEventApprovalRequestforOCBeachtoBoardwalkHalfMarathon&5KMarch9,2014

    C. PrivateEventApprovalRequestforOceanCityBeachBlitzSoccerAugust23,2014

    7. PUBLICHEARINGS8. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF9. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR

    A. SecondReadingOrdinance201314toAmendChapter110EntitledZoning(reviseslanguage

    toclarifyparkingspacerequirementsforrestaurantusewithinshoppingcenters)

    B.First

    Reading

    Ordinance

    to

    Amend

    Chapter

    110

    Entitled

    Zoning

    (to

    change

    the

    definition

    of

    buildingheight)

    C. ResolutionAuthorizingtheSaleofSurplusPersonalProperty(toauctionsurplusvehiclesand

    miscellaneousitemsonGovDeals.com)

    10. COMMENTSFROMTHEPUBLICAnypersonwhomaywish to speak on anymatter at the Regular Sessionmay be heard duringCommentsfromthePublicforaperiodoffive(5)minutesorsuchtimeasmaybedeemedappropriatebytheCouncilPresident. Anyonewishingtobeheardshallstatetheirname,addressandthesubjectonwhichheorshewishestospeak.

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    MayorandCityCouncilRegularSessionAgenda November4,201311. COMMENTSFROMTHECITYMANAGER

    A. ReviewoftentativeworksessionagendaforNovember12,201312. COMMENTSFROMTHEMAYORANDCITYCOUNCIL13. ADJOURN

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    3 APPROVAL OF MINUTES

    A. Regular Session #19 dated October 21, 2013B. Work Session dated October 29, 2013

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    4 ITEMS PRESENTED BY THE MAYOR AND CITY

    COUNCIL

    A. Change to Town Appointees Serving on MD Coastal Bays

    Foundation Board of Directors

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    TOWN OF

    T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

    TO: The Honorable Mayor, Council President and Members of Council

    FROM: David L. Recor, ICMA-CM, City ManagerRE: Change to Town Liaisons for MD Coastal Bays Foundation Board of Directors

    DATE: October 18, 2013

    ISSUE(S): Town appointees for MD Coastal Bays Foundation Board of

    Directors

    SUMMARY: At the March 4, 2013, regular session, Hal Adkins was appointedto serve as the towns primary representative on the MD Coastal

    Bays Foundation Board of Directors. Councilman Dare wasappointed alternate representative.

    Due to schedule restraints, Mr. Adkins resigned from his

    appointed position and suggested, upon approval from the

    Mayor, that Councilman Dare serve as the primaryrepresentative and Matt Margotta serve as the alternate.

    FISCAL IMPACT: None

    RECOMMENDATION: Primary representative: Councilman Dennis DareAlternate representative: Matt Margotta

    ALTERNATIVES: Defer to Mayor

    RESPONSIBLE STAFF: None

    COORDINATED WITH: Councilman Dennis DareHal Adkins, Public Works Director

    Matt Margotta, Planning & Community Development Director

    ATTACHMENT(S): Committee and Commission Confirmations of March 4, 2013

    Agenda Item # 4A

    Council Meeting November 4, 2013

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    MayorandCityCouncilLegislativeCommitteesandCommissions

    AppointedonMarch4,2013

    PoliceCommission

    MayorRickMeehan

    DougCymek

    LloydMartin

    DennisDare

    TourismCommission

    MayorRickMeehan

    MaryKnight

    DennisDare

    JoeMitrecic

    NoiseBoardLiaison

    DougCymek

    Alternate:LloydMartin

    PensionCommittee

    MayorRickMeehan

    LloydMartin

    BeachMediation

    JoeMitrecic

    Alternate:MaryKnight

    RiskRetentionCommittee

    DougCymek

    Alternate:DennisDare

    TriCountyCouncil

    MayorRickMeehan

    JoeMitrecic

    HumaneSocietyCommittee

    MayorRickMeehan

    MaryKnight

    DennisDare

    AmericanswithDisabilities

    MaryKnight

    CoastalResourcesLegislativeCommittee

    MaryKnight

    RecreationandParksCommittee

    DennisDare

    LloydMartin

    JoeMitrecic

    MDCoastalBaysFoundationBoardofDirectors

    HalAdkins

    Alternate:Dennis

    Dare

    TourismCommissionwillalsoinclude:

    1representativefromHotelMotelRestaurantAssociation

    1representativefromOceanCityChamberofCommerce

    1representativefromEconomicDevelopmentCommittee

    1representativefromOceanCityDevelopmentCorporation

    ChairmanoftheStateTourismCommission(nonvotingmember)

    CityManager

    DirectorofTourism

    DirectorofConventionCenter

    RepresentativefromOceanCitySpecialEventsExecutiveDirectorofHMRA

    ExecutiveDirectorofChamberofCommerce

    PoliceCommissionwillalsoinclude:

    CityManager

    ChiefofPolice

    RecreationandParksCommitteewillalsoinclude:

    CityManager

    DirectorofParksandRecreation

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    4 ITEMS PRESENTED BY THE MAYOR AND CITY

    COUNCIL

    B. Standing Committee Draft Agendas

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    TownofOceanCity,MarylandPoliceCommission

    AgendaNovember8,20139:00AM

    PSBBuilding,6501CoastalHighway

    1. CalltoOrder2. ApprovalofMinutesoftheOctober11,2013Meeting3. ChiefsUpdateonOctoberCrimeStatistics4. UpdateonProposedTrafficOrdinanceSeatbeltsRequiredWhen

    RidinginUnenclosedAreasofMotorVehicles5. CEW/TaserUpdate6. NewBusiness7. Adjournment

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    TourismCommissionMeeting

    Tentative

    Agenda

    3p.m.

    Wednesday,December

    42013

    Room214,ConventionCenter

    1) Approvalofminutes:October11,20132) Organizationalreports

    ChamberofCommerce

    EconomicDevelopmentCommittee

    HMRA

    OCDC

    MDTourismDevelopmentBoard

    Dept.ofTourism

    ConventionCenter

    SpecialEvents

    3) ClosedSessionProposalsfornewcreative MGH

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    OCEAN CITY, MARYLAND

    RECREATION & PARKS COMMITTEETuesday, November 12, 2013

    4:00 P.M.

    Northside Park Community Room

    AGENDA

    1. Call to Order and Attendance

    2. Approval of Minutes of October 15, 2013

    3. 2015 Town Sponsored Special Events Schedule

    4. New Private Special Events

    5. Banner Policy & Guidelines Review

    6. Bayside Park/ Chicago Avenue Mooring Site Update

    7.

    Kayak Rentals Concession RFP Update

    8. Other Business

    9. Adjournment

    P:Tom/Rec & Parks Committee Meeting Agenda 11-12-2013

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    5. CONSENT AGENDAA. Request for Approval to Solicit Bids for Skate Park Shade

    Structure

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    TOWN OF

    T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Terence J. McGean, PE, City EngineerRE: Request for Approval to Solicit Bids for Skate Park Shade StructureDATE: October 25, 2013

    ISSUE(S): Upcoming bid for Skate Park Shade Structure

    SUMMARY: The Recreation and Parks Department received a state grant toconstruct a shade structure at the Ocean Bowl Skate Park. Bids

    will be due at the November 26, 2013, Work Session

    FISCAL IMPACT: $30,000 fully funded through Maryland Community Parks andPlayground grant

    RECOMMENDATION: Approve bid solicitation request for shade structure.

    ALTERNATIVES: None

    RESPONSIBLE STAFF: Terence McGean, City Engineer

    COORDINATED WITH: Tom Shuster, Recreation and Parks Director

    Wayne Pryor, Grants Coordinator

    ATTACHMENT(S): None

    Agenda Item # 5A

    Council Meeting November 4, 2013

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    5. CONSENT AGENDAB. Request to Approve Statement of Work for SunGard

    to Modify Computer Aided Dispatch Software

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    TOWN OF

    T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Terence J. McGean, PE, City EngineerRE: Approval of Statement of Work for CAD ModificationsDATE: October 29, 2013

    ISSUE(S): Approval of Statement of Work from SunGard for modificationsto the computer aided dispatch (CAD) software system.

    SUMMARY: A software modification is required to allow for the dispatch ofmultiple units on self-initiated calls. The required work is a solesource effort by the current CAD software vendor, SunGard.

    FISCAL IMPACT: $10,740 included in FY14 budget

    RECOMMENDATION: Approve proposed Statement of Work and budgeted expenditure.

    ALTERNATIVES: None

    RESPONSIBLE STAFF: Nancy Bloxom, IT Manager

    COORDINATED WITH: Janet Guiton, Communications Division Manager

    ATTACHMENT(S): SunGard Statement of Work proposal

    Agenda Item # 5B

    Council Meeting November 4, 2013

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    4000 OSSI Court

    High Point, NC 27265

    Phone: 336.885.0911

    www.sungardps.com

    ALLOW MULTIPLE UNITS ON SELF

    INITIATED CALLSProvided to: OCEAN CITY, PD

    SOW ID: 3958

    SCR #: 2013-3597

    Date: Oct 1, 2013

    Revision Date:

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    Page i

    Allow Multiple Units on Self-Initiated Calls

    TABLE OF CONTENTS

    EXECUTIVE SUMMARY 1PARTIES RESPONSIBILITIES 2

    Client Responsibilities 2Software / Hardware 2Infrastructure 2Customer Testing 2

    SunGard Responsibilities 2BACKGROUND 3SPECIFICATIONS 3

    1.0 Configuration 32.0 Feature Functionality 33.0 Error Handling 44.0 System Rules 5

    REQUIREMENTS AND ASSUMPTIONS 5PRICING 6INSTALLATION 6CONTRACT TERMS 7PROJECT AUTHORIZATION 8

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    Page ii

    Non-Disclosure Statement

    SunGard Public Sector

    4000 OSSI Court

    High Point, NC 27265Phone: 336.885.0911

    Web site: www.sungardps.com

    This document, as well as the software described in it, is furnished under license and may be used only

    in accordance with the terms of such license. No part of this document may be reproduced in any form

    or by any means, stored in a database or retrieval system, or transmitted in any form or by any means,

    without prior written permission of SunGard Public Sector.

    This statement of work is protected by copyright law and contains proprietary information and

    confidential trade secrets belonging to SunGard Public Sector Inc. This proposal is furnished and

    accepted on the express condition that portions of it shall not be duplicated or disclosed, in whole or in

    part, except to your staff and agents when necessary for evaluation purposes, without prior written

    consent of SunGard Public Sector Inc. Those confidential portions include, but are not limited to,

    pricing and software design specifications.

    Copyright 2001-2013. All rights reserved.

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    Page 1

    Executive Summary

    OCEAN CITY POLICE DEPARTMENT (Customer) has requested that SUNGARD PUBLIC

    SECTOR INC. (SunGard) provide a written quote and Scope of Work (SOW) ordering SunGard to

    undertake the application software modification project more fully described herein (also referred to aswork or project or implementation).

    The purpose of this document is to provide a written SOW for this project that defines all SunGard

    deliverables, criteria for acceptance, resulting annual maintenance, hardware and infrastructure

    requirements, implementation schedule and other implementation considerations.

    Items, features or functionality not specifically included in this document shall be considered outside

    of the SOW. Any future change will require a written Change Order approved by both parties, shall be

    subject to additional charges, and will likely have an impact on the implementation schedule. Change

    Orders shall not delay the implementation, acceptance, or payment in full of the accepted basefunctionality proposed within this document.

    Please refer to the Section entitled, Parties Responsibilities which documents each partys

    responsibilities, any project dependencies and other important related issues.

    SunGard is providing the implementation services related to the application software only to meet the

    specifications contained in this SOW. All other components required for a successful implementation

    are the responsibility of the customer.

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    Page 2

    Parties Responsibilities

    Client Responsibilities

    Software / Hardware

    The Customer is responsible for providing the following:

    1. All equipment, system software and other components to meet the needs of this project.

    2. All required hardware, cable and connectors and personnel to facilitate installationthereof.

    Infrastructure

    The customer shall assign a full-time primary System Administrator (SA) and a backup System

    Administrator. This primary System Administrator will be SunGard's contact for all operationalissues that require SunGard support. In addition, the Customers System Administrators shallprovide first line support to their own users for all application software.

    Customer Testing

    Customer agrees to participate in a test period requiring Customer to test functionality outlinedin the SOW. In addition, Customer understands that the customer test release version may alsocontain other new and unrelated development items that are also in a customer test stage.

    SunGard Responsibilities

    1. Provide the Customer with a detailed SOW for the proposed work.

    2. Deliver related application software/utilities to meet the specifications agreed upon in thedetailed SOW.

    Provide a project manager and assigned staff for the project.

    4. Provide a Quality Assurance Representative to serve as the point person for technicalissues associated with this SOW.

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    Page 3

    Background

    Customer is requesting the ability to be able to enter multiple units in CAD for Self-Initiated (SI) calls.

    The purpose of this is to allow the dispatcher a fast and easy way to create a self-initiated call where

    multiple units are responding.

    Specifications

    SunGard will provide the following to meet the needs of the customer:

    1.0 Configuration

    1.1 A new Self-Initiated Multi-Unit switch will be added into SystemOptions/PreferencesSystem SettingsWindows which will enable the new self-

    initiated call form and the enhanced functionality and logic for the SI command.

    1.2 The switch will not be enabled by default.

    1.3 If the switch is enabled, it will work for all agencies configured in CAD.

    2.0 Feature Functionality

    2.1 A new self-initiated event form will be developed that will display when the switch

    in section 1.1 is enabled. This form will differ from the existing form in the

    following ways:

    2.1.1 The Unit# field will no longer be a picklist field.

    2.1.2 The Unit# field will allow the dispatcher to add as many units to the self-

    initiated event as they wish.

    2.1.3 Multiple units will be entered by being space delimited in the Unit # field.

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    Page 4

    Example of Modified form (sample only final version may differ in appearance)

    2.2 The SI command from the command line will be modified in the following ways:

    2.2.1 The SI command will accept multiple units.

    2.2.2 Multiple units will be entered by being space delimited on the command

    line. (see example below)

    2.2.3 There will be no limit to how many units can be entered before the SI

    command.

    3.0 Error Handling

    3.1 Existing error handling will also be used for the enhanced SI form and SI command.

    The error handling will include the following:

    3.1.1 Command line error resolution form will appear for each invalid unit.

    3.1.2 Current Preempt message will appear for each unit that is already on a call.

    3.1.3 Current Add Unit notice will appear for each unit not on duty.

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    Page 5

    4.0 System Rules

    4.1 The first unit entered on the line will always default to the primary unit.

    4.2 Every unit will be entered with the same status. The default status is DA

    (Dispatched &Arrive). Selecting the Enroute checkbox on the SI form will enter all

    the units as E (Enroute).

    Requirements and Assumptions

    1. Functionality not specifically listed in this SOW is considered to be out of scope.

    Additional functionality may require additional development funding.

    2. SunGard reserves the right to make final cosmetic and functional design changes necessary

    to meet the objectives outlined in this SOW and to preserve current functionality within the

    product

    3. This modification is only for CAD and does not apply to SI calls generated from an MCT.

    4. This feature is only being added to OneSolution CAD.

    5. Example screen shots are for reference purposes only. Final version of screens may differ.

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    Page 6

    Pricing

    SunGard will perform its responsibilities under this SOW for a one-time fee of $10,740.00

    The above quote is exclusive of any tax or any travel & living expense which may be applicable.

    Pricing herein is valid for 45 business days after Customer has received this written SOW.

    Installation

    SunGard is proposing to deliver the files necessary to fulfill the functionality described in this SOW as

    part of the OneSolution CAD 10.7.1 Customer Test (CT) release version.

    Proposed delivery dates assume that this SOW is signed by an authorized representative of Customerand returned to SunGard no later than October 18, 2013. Failing to return the signed SOW by this date

    may result in this project being pushed to the next subsequent beta release.

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    Page 7

    Contract Terms

    The project detailed within this SOW shall be governed by the existing Contract and Agreement

    between Customer and SunGard plus the terms below which shall supersede any conflicting terms in

    the Contract and Agreement. As applicable for certain customers, the term Contract and Agreementis defined as the Software License & Services Agreement and the Licensed Program Support

    Agreement between the parties hereto.

    1. SunGard is the sole owner of the Source Code, design specifications and associateddocumentation herein which relate to SunGards Licensed Programs and whichconstitute the proprietary information and trade secrets of SunGard and are protectedunder the terms of the Contract and Agreement.

    2. No warranty is provided for any product or service provided herein. If applicable, anycode created hereunder will be licensed to Customer under the terms of a separate

    addendum to the Contract and Agreement.

    3. SunGards liability for damages to Customer for any cause whatsoever under this SOW,regardless of the form of action, is limited to the total amount of fees paid by Customerunder this SOW. In no event will SunGard be liable for any consequential, incidental, orspecial damages even if SunGard has been advised of their possibility.

    4. Unless otherwise specified herein, payment terms are: 50% due upon execution hereofand 50% due upon completion. Travel and living expenses are in addition to the pricesquoted herein and will be invoiced as incurred and shall be governed by the SunGardCorporate Travel and Expense Reimbursement Policy. Applicable taxes are not

    included, and, if applicable, will be added to the amount in the payment of invoice(s)being sent separately

    5. If mentioned in the Pricing section above, optional maintenance is available for thesoftware application code created herein, provided Customer has paid the annualmaintenance fee. Maintenance of any software application code created hereunder is notmandatory for continuation of the license. Any maintenance services shall be providedunder the terms and conditions related to maintenance and Support Services in theContract and Agreement. The initial term of maintenance, to be paid in advance, beginsupon execution of this SOW and extends for a twelve (12) month term. Subsequentterms of maintenance will be for twelve (12) month periods, commencing at the end of

    the prior support period.

    6. Preprinted conditions and all other terms not included in this SOW or in the Contractand Agreement, stated on any purchase order or other document submitted hereafter byCustomer are of no force or effect, and the terms and conditions of the Contract andAgreement and any amendments thereto, shall control unless expressly accepted inwriting by SunGard to Customer.

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    Page 8

    Project Authorization

    SOW: # 3958

    SCR: # 2013-3597

    Title: Allow Multiple Units on Self-Initiated Calls

    As an authorized representative of Customer, I hereby agree to the terms of this SOW including all

    project specifications, party responsibilities, and pricing.

    For:Ocean City PD

    Printed Name Signature Date

    SunGard PublicSector Inc. Scott Panacek October 1, 2013

    Printed Name Signature Date

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    5. CONSENT AGENDAC. Request Approval to Rebid Roof Replacement and

    Restoration Project

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    TOWN OF

    T h e W h i t e M a r l in Ca p i t a l o f t h e W o r l d

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Dean Dashiell Senior Project ManagerRE: Request Permission to Receive Sealed Bids for the Public Safety Building & Vehicle

    Maintenance Building Roof Replacement / Restoration.DATE: October 29, 2013

    ISSUE(S): Receive Sealed Bids for the Public Safety Building & Vehicle MaintenanceBuilding Roof Replacement / Restoration.

    SUMMARY: Request permission, from the Mayor & City Council, to receive sealed

    bids at the November 26, 2013 Work Session for the Public SafetyBuilding & Vehicle Maintenance Building Roof Replacement /Restoration Project.TheBid is for the installation of the Pre-Purchased Roofing Materialswas approved on September 16, 2013.

    FISCAL IMPACT: The funding for this project is included in the upcoming Bond Issuance.

    RECOMMENDATION: Proceed with the proposed bid opening on November 26, 2013.

    ALTERNATIVES: None

    RESPONSIBLE STAFF: Dean Dashiell Senior Project Manager

    COORDINATED WITH: Hal Adkins Director of Public Works

    ATTACHMENT(S): None

    Agenda Item # 5C

    Council Meeting November 4, 2013

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    5. CONSENT AGENDAD. Request Approval to Solicit Bids for Northside Park Pier

    Deck Replacement

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    TOWN OF

    T h e W h i t e M a r l in Ca p i t a l o f t h e W o r l d

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Dean Dashiell Senior Project ManagerRE: Receive Bids at the Department Level for the Re-Decking Labor at the Northside Park PierDATE: October 29, 2013

    ISSUE(S): Receive Bids at the Department Level for the Re-Decking Labor at theNorthside Park Pier.

    SUMMARY: Request permission, from the Mayor & City Council, to receive bids atthe Department Level for the Re-Decking Labor (only) at the Northside

    Park Pier on December 6, 2013.Those Bid results will be brought before the Mayor & City Council forformal approval at the December 16, 2013 Regular Meeting.

    FISCAL IMPACT: The funding for this project is included in the FY 2014 Park & RecreationBudget.

    RECOMMENDATION: Proceed with receiving the bid at the Department Level on December 6,2013.

    ALTERNATIVES: None

    RESPONSIBLE STAFF: Dean Dashiell Senior Project Manager

    COORDINATED WITH: Hal Adkins Director of Public WorksTom Shuster Director of Parks & RecreationCalvin Ginnavan Superintendent of Parks

    ATTACHMENT(S): None

    Agenda Item # 5D

    Council Meeting November 4, 2013

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    5. CONSENT AGENDAE.3-Year Private Event Approval Request for Pigs on the

    Beach September 26, 2015

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    2336 TOWN OF

    T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Lisa Mitchell, Private Events CoordinatorRE: 3-Year Private Event Approval Request for Pigs on the BeachDATE: October 28, 2013

    ISSUE(S): Request for approval of annual Pigs on the Beach event to takeplace on Saturday, September 26, 2015.

    SUMMARY: This is an annual motorcycle ride on the Boardwalk beginning at22ndStreet and ending at North Division street. This went toCouncil on September 16, 2013. At that time, Council askedstaff to review again, due to the fact that Sunfest would betaking place on that same date and time, and Boardwalk tramswould begin operations that morning at 10:00 am.

    The applicant has agreed to start their event at 9:30 am onSeptember 26, 2015, instead of the requested 10:00 am. Theevent would be completely off the Boardwalk before 10:00;therefore, not interfering with Boardwalk tram operations.

    FISCAL IMPACT: Potential positive economic impact from lodging, food andbeverage, recreation and other incidental expenditures.

    RECOMMENDATION: Approve the event as presented.

    ALTERNATIVES: No staff alternatives suggested.

    RESPONSIBLE STAFF: Lisa Mitchell, Private Event Coordinator

    COORDINATED WITH: All appropriate departmental staff has reviewed and the eventhas been coordinated with the OCPD.

    ATTACHMENT (S): 1)September 2015 Calendar2)Cover Sheet

    Agenda Item # 5E

    Council Meeting November 4, 2013

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    1 2 3 4 5

    6 7 8 9 10 11

    PE 911 Parade ofBrothers

    12

    13 14 15 16 17 18 19

    20 21 22 23 24

    SunfestPE Sunfest KiteFest

    25

    SunfestPE Sunfest KiteFest

    26

    SunfestPE Sunfest KiteFestPEPigs on the

    Beach - TENTATIVE27

    SunfestPE Sunfest KiteFest

    28 29 30

    2015

    September

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    Ocean City Special EventsPrivate Events

    Name of Event: Pigs on the Beach New Event: No

    Date of Event: Saturday, September 26, 2015

    Date Application Received: August 28, 2013 Application Fee Paid: Yes

    Date Returned from All Departments: September 9, 2013 Total Cost to Town: No foreseeable costs

    Things to Note:

    This event is an annual ride on the Boardwalk from 22ndStreet to North Division Street (or another, morepreferable, exit on the south end), and then over the Route 50 Bridge and out of town.

    Approximately 50 motorcycles and 75 people will take place in this ride.

    The Boardwalk ride will begin at 9:30 am and last about 20-minutes. (This is 30 minutes early than usualdue to Sunfest beginning at 10 am).

    Event organizer requests one (1) police car to lead the parade of motorcycles.

    While this event was already approved for 2014, the applicant is requesting event approval for 2015.

    Comments from Department Representatives:

    OCPD Will provide officers from patrol to lead and follow the group. Request they exit at NorthDivision Street. Sunfest will be taking place this same day, but with Pigs on the Beach starting a half hourearlier than normal, the events will not overlap.

    PUBLIC WORKS Requests the riders exit the Boardwalk at North Division Street.

    RISK MANAGEMENT All riders must have current insurance.

    TOURISM, FIRE MARSHAL, OCBP, EMERGENCY SERVICES, OCCC, TRANSPORTATION, andREC & PARKS No comments, concerns or costs.

    Date on Council Agenda:November 4, 2013

    Event Approved or Denied:

    Other:

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    6. MISCELLEANEOUS REPORTS AND PRESENTATIONSA. Remarks from Ron Pilling on behalf of 2ndAnnual Out of

    Darkness Walk

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    TOWN OF

    T h e W h i t e M a r l i n C ap i t a l o f t h e

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Lisa Mitchell, Private Events CoordinatorRE: Out of the Darkness Community WalkDATE: October 29, 2013

    ISSUE(S): 2ndAnnual Out of the Darkness Community Walk

    SUMMARY: The Jesse Klump Memorial Fund is a non-profit association forsuicide prevention. Their second annual walk on the Boardwalk

    to raise money for and awareness of suicide prevention was heldon September 28, 2013.

    Mr. Ronald Pilling, Director of the Jesse Klump Memorial Fund,would like to share a few highlights from this years event withthe Mayor and Council.

    FISCAL IMPACT: Not applicable

    RECOMMENDATION: Not applicable

    ALTERNATIVES: Not applicable

    RESPONSIBLE STAFF: Lisa Mitchell, Private Event Coordinator

    COORDINATED WITH: Not applicable

    ATTACHMENT(S): None

    Agenda Item # 6A

    Council Meeting Nov. 4, 2013

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    6. MISCELLEANEOUS REPORTS AND PRESENTATIONSB. Private Event Approval Request for OC Beach to

    Boardwalk Half Marathon & 5K March 9, 2014

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    TOWN OF

    The White Marlin Capital of the World

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Lisa Mitchell, Private Events CoordinatorRE: Ocean City Beach to Boardwalk Half Marathon & 5KDATE: October 29, 2013

    ISSUE(S): Request approval of the Half Marathon and 5K

    SUMMARY: Dean Reinke, for the USRA Half Marathon Series, requests

    approval of the Half Marathon and 5K Races, to take place on

    Sunday, March 9, 2014. The Half Marathon will take place onthe Boardwalk, Baltimore Avenue, Coastal Highway and the

    beach (please refer to the attached course). The 5K would takeplace completely on the Boardwalk and concrete pad.

    This first went to Council on September 3, 2013. Council had

    some questions for Mr. Reinke and tabled therequest until Mr.

    Reinke could appear before Council.

    FISCAL IMPACT: Potential positive economic impact from lodging, food and

    beverage, recreation and other incidental expenditures.

    RECOMMENDATION: Approve as presented.

    ALTERNATIVES: Refer to Mayor and Council

    RESPONSIBLE STAFF: Lisa Mitchell, Private Events Coordinator

    COORDINATED WITH: All appropriate departmental staff has reviewed, and the event

    has been coordinated with Public Works and the PoliceDepartment.

    ATTACHMENT(S): 1) March 2014 Calendar2) Application3) Date Change

    4) Course Map5) Cover Sheet

    Agenda Item # 6B

    Council Meeting Nov. 4, 2013

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    Sun Mon Tue Wed Thu Fri Sat

    1

    2 3 4 5 6 7 8

    9

    PE - OC Half

    Marathon -

    TENTATIVE

    10 11 12 13 14 15

    PE - St. Patricks DayParadePEShenanigans

    5K - TENTATIVE

    16 17 18 19 20 21 22

    23 24 25 26 27 28 29

    30 31

    2014

    March

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    Ocean City Private Events

    Name of Event: Ocean City beach to Boardwalk Half Marathon and 5K New Event: YES

    Date of Event: Sunday, March 9, 2014

    Date Application Received: February 7, 2013 Application Fee Paid: No

    Date Returned from All Departments: August 26, 2013 Total Cost to Town: $4,450.32

    Things to Note:

    This event would be twofold. First, there would be a marathon that would take place on the Boardwalk, BaltimoreAvenue, Coastal Highway, the beach, Inlet Lot, Pier and concrete pad. Second, there would be a 5K race that wouldtake place on the Boardwalk and concrete pad only.

    The applicant requests the Town of Ocean City is a sponsor of the event, and waive all fees.

    The applicant is not requesting anything from the Town of Ocean City.

    Comments from Department Representatives:

    Public Works Total cost to support this event is estimated at $3,526.32. Fire Marshal Will provide an on-duty EMS crew that will be available for 911 calls.

    Risk Insurance certificate must be submitted prior to the event. Must receive approval from the State HighwayAdministration.

    OCPDWill provide seven officers for approximately four (4) hours for an estimated cost of $924.00.

    Beach Patrol,Rec & Parks, Emergency Services, Transportation, Tourism, OCCC No comments or concerns.

    Date on Council Agenda:November 4, 2013

    Event Approved of Denied:

    Date Fees Received: Amount:

    Date Insurance Certificate Received: Beach Franchise Notified:

    Date Permit Issued:

    Other:

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    Page 1 of 9

    PRIVATE EVENT APPLICATIONTown of Ocean City, Maryland

    NON-REFUNDABLEAPPLICATION FEE:$100.00 For Profit Applicants, $25.00 Non-Profit Applicants

    RETURN APPLICATION TO: Private Events CoordinatorTown of Ocean CityRecreation and Parks200 125thStreetOcean City, MD [email protected]

    This is an application for use and is not a permit of use. No guarantee of availability oruse is made or implied by the acceptance of the application and fee.

    This application is to be completed and forwarded to the Ocean City Special Events

    Department at least 90 days prior to the requested event. If an application is submittedless than 90-days prior to the proposed start date, a late submission fee of $100.00 will beassessed for both Non-Profit organizations and For-Profit promoters. A new applicationmust be submitted annually for recurring events.

    Any misrepresentation in this application or deviation from the final agreed upon routeand/or method of operation described herein may result in the immediate revocation ofthe permit. Applicants attention is directed to the accompanying information packet,entitled Private Event Application Guidelines.

    Al l questions on the application must be ful ly answered. Same as last year or similar

    comments are not acceptable responses. If a question does not apply, please write N/Ain that space. The application will be returned if the information is incomplete. Pleasetype or print the information clearly. You may attach additional sheets as necessary.

    A non-r efundable application fee must accompany this document.

    $100.00 For-Profi t Promoters and $25 Non-Prof it Organizations

    The minimum fee for City property usage is $150 per day for For-Profit promoters and$25.00 per day for Non-Profit organizations. For beach use this fee is applied per oceanblock, per day. Races/runs/walks on the beach do not require a per block charge. Set-upand breakdown days are also subject to this fee assessment.

    1. TITLE OF EVENT: ________________________________________________

    2. IS THIS A NEW EVENT? ____Yes______________________________________

    Ocean Cit Half Marathon

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    Page 2 of 9

    3. DATE(S) OF EVENT. IF THIS IS A REQUEST FOR A 3-YEAR APPROVAL OR

    3-YEAR APPROVAL CONTINUANCE PLEASE PROVIDE THE EVENT DATES

    FOR THE NEXT 3-YEARS: __

    4. STARTING & ENDING TIMES OF EVENT: __8 am start, noon end

    5. PROJECTED SET-UP DATE (S) & TIMES: _

    6. PROJECTED CLEAN-UP DATE (S) & TIMES:__

    _____________________________________________________________________

    7. LOCATION (Describe area in which event shall be contained; be specific as to how

    much area will be used, etc.):

    _____________________________________________________________________

    _____________________________________________________________________

    8. APPLICANTS NAME: __Dean Reinke

    9. ORGANIZATION REPRESENTING: _USRA Half Marathon Series

    _____________________________________________________________________

    10.MAILING ADDRESS: _1531 Dale Ave., Winter Park, FL 32789

    _____________________________________________________________________

    11.WORK PHONE: 407-310-6373___ HOME PHONE: ________

    FAX: _407-599-0766_________ EMAIL: [email protected]___________

    12.IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF

    PROOF OF NON-PROFIT STATUS. HAVE YOU SUBMITTED SUCH

    DOCUMENTATION? ____________________________________ IF NOT, WHY?

    _____________________________________________________________________

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

    ____Demo Reinke

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

    _____________________________________________________________________

    15.COORDINATORS CONTACT INFORMATION IF DIFFERENT THAN

    QUESTION 11: HOME: ____________________WORK: _________________

    FAX: ____________________________ CELL: __________________________

    E-MAIL ADDRESS: [email protected]

    OTHER: _____________________________________________________________

    mailto:[email protected]:[email protected]:[email protected]
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    Page 3 of 9

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

    _____________________________________________________________________

    _____________________________________________________________________

    _____________________________________________________________________

    _____________________________________________________________________

    _____________________________________________________________________

    Please attach additional pages to the back of this application

    17.WHERE WILL THE EVENT HEADQUARTERS BE LOCATED? ______________

    _____________________________________________________________________

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

    SUCH ACCESS? __No_______________ IF SO, WHERE? __________________

    19.FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES,

    EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT (Include location, process,

    etc.): Will have all supplies in back of UHAUL truck and unload them on course and

    SIF area_____________________________________________________________

    _____________________________________________________________________

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

    SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED

    DIAGRAM AND DESCRIBE HERE: Yes

    _____________________________________________________________________

    21.DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO

    EMPLOY: _There will be structures around the finish line separating spectators from

    participants.__________________________________________________________

    ____________________________________________________________________

    22.DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR

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

    _Parking if around the start/finish area

    _____________________________________________________________________

    _____________________________________________________________________

    _____________________________________________________________________

    ____________________________________________________________________

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    Page 4 of 9

    23.HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE?

    ____________ IF SO, WHAT TYPE? __________________________________

    _____________________________________________________________________

    24.WHAT IS YOUR RAIN POLICY? ____________________________________

    _____________________________________________________________________

    25.WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING

    OF SOLID WASTES, INCLUDING GARBAGE AND RECYCLABLES? _Trash

    will be picked up and disposed of in a dumpster. Trash will be collected by race

    personel______________________________________________________________

    _____________________________________________________________________

    26.WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT

    (TOILETS, HAND WASHING, ETC.)? ________________________________

    __Toilets will be available all along

    course._______________________________________________________________

    _____________________________________________________________________

    27.DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: _______________

    _____________________________________________________________________

    _____________________________________________________________________

    28.DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES &

    QUANTITIES): _______________________________________________________

    Food and refreshments will be provided as part of

    race._________________________________________________________________

    _____________________________________________________________________

    29.WILL REVENUE BE GENERATED FROM PARTICIPANT FEES,

    CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? ______________

    IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________

    _____________________________________________________________________

    _____________________________________________________________________

    30.DESCRIBE EVENT PRIZES/AWARDS: Medals to all half marathon finishers.

    Awards to 1st place in 14 different age groups._________________________

    ____________________________________________________________________

    Rain or shine, event will happen

    Yes

    Local non- rofit

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    Page 5 of 9

    31.WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? ___No____________

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

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

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

    Events Coordinator.

    33.WILL YOU BE HAVING AIR-INFLATED STRUCTURES AT YOUR EVENT?

    _No___________ Please forward a copy of the approved Air Support/Air-Inflated Structures

    Permit to the Private Events Coordinator.

    34.WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________

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

    35.WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________

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

    Events Coordinator.

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

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

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

    _____________________________________________________________________

    _____________________________________________________________________

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

    37.EXPECTED NUMBER OF PARTICIPANTS: ___400________________________

    38.EXPECTED NUMBER OF SPECTATORS: ________________________________

    39.IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE

    APROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT.

    HAVE YOU DONE SO? _____________WHO DID YOU CONTACT?

    _____________________________________________________________________

    _____________________________________________________________________

    40.WHAT ASSISTANCE AND SUPPLIES WILL YOU BE REQUESTING FROM

    THE TOWN OF OCEAN CITY (A refundable damage/repair bond of $100.00 is

    required for each major end-item borrowed from the Town of Ocean City):

    _____________________________________________________________________

    _____________________________________________________________________

    _____________________________________________________________________

    _____________________________________________________________________

    200

    No

    No

    No

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    Page 6 of 9

    41.A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY

    STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY

    OBTAINED TIS PERMIT? __yes______________IF SO, PLEASE ATTACHED A

    COPY TO THE BACK OF THIS APPLICATION. Please forward a copy of the approved

    MDOT Highway Permit to the Private Events Coordinator.

    42.For parade organi zers only: EXPECTED NUMBER OF OVERSIZED VEHICLES

    (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING

    THE PARADE ROUTE: ______________ DESCRIBE: ______________________

    _Palm Coast, FL Jan 2011-2013, Lake George, NY Apr 2011-2013, Worcester, MA

    June 2010-2013, Council Bluff, IA May 2009-2012. 60+ events, 15 years since

    inception of USRA in

    2009______________________________________________________________________________________________________________________________________

    _____________________________________________________________________

    43.LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE

    (5) YEARS: __________________________________________________________

    _____________________________________________________________________

    _____________________________________________________________________

    44.LIST ALL SPONSORS ASSOCIATED WITH YOUR EVENT (Please read and

    comply with the Town of Ocean Citys sponsorship policy. The application will not

    be approved without sponsors. If no sponsors, please state No Sponsors in area

    provided below.): ______City of Ocean City

    _____________________________________________________________________

    _____________________________________________________________________

    _____________________________________________________________________

    45.LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS

    APPLICATION: ______________________________________________________

    _____________________________________________________________________

    _____________________________________________________________________

    .

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    Page 7 of 9

    46.PLEASE ATTACH A DETAILED DIAGRAM OF THE EVENT LAYOUT. MAKE

    SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM,

    STAGE, CONCESSIONS, COURTS, BANDS, ETC.

    IS DIAGRAM INCLUDED WITH APPLICATION? YES____ NO__XX_____

    An event diagram 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 shallobtain, at the applicants own expense, general liability insurance coverage, which shallinclude coverage for personal injury in the amount of one million dollars ($1,000,000)single limit. Said insurance coverage shall name the Mayor and City Council asadditional insured, with the address on the certificate listed as 301 Baltimore Avenue,

    Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing theaddition of the Mayor and City Council as additional insured, is also to be provided. Thecertificate of insurance and the addendum shall be furnished to the Private EventsCoordinator, no later than 30-days before the private event.

    I NSURANCE CERTIF ICATE AND ADDENDUM :

    ___________INCLUDED WITH APPLICATION

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

    COCA-COLA EXCLUSIVE PRODUCT AGREEMENT D ISCLOSURE:

    The applicant must comply with all provisions of the Towns agreement with Coca-ColaRefreshments as it pertains to the distribution or sales of beverages by the applicant onTown property. The applicant agrees to sell, dispense or serve only Coca-Cola beverageson Town premises for the duration of the permitted use.

    The applicant is expressly prohibited from using the beverages of other suppliers, saidbeverages to include soft drinks, juices, sport drinks, specified energy drinks and bottledwaters. The permitted beverages include Coca-Cola, Diet Coke, Sprite, Pibb Xtra, Mello

    Yello, Fresca, Nestea, Arizona Tea, Honest Tea, Barqs Root Beer, Fanta, Minute Maid,Seagrams Ginger Ale, PowerAde, V-8 Juice, Fuze Juice, Monster, Tum E Yummies,Dasani and other products that Coca-Cola may provide in accordance with its agreementwith the Town of Ocean City.

    I have read this disclosure and agree that I will comply with its provisions.

    APPLICANTS SIGNATURE____________________________DATE______________Signature on file 2/5/2013

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    Page 8 of 9

    MANDATED CHANGES/CANCELLATI ON

    Applicant understands that any event or event date can be changed or canceled at thedirection of the Mayor and City Council if the approved event interferes with PublicWorks project(s) or any other necessary governmental function. Such action may be

    directed at any time.

    APPLICANTS SIGNATURE___________________________DATE_______________

    LOCAL ORDINANCE DISCLOSURE AND COMPLIANCE

    The applicant agrees to comply with the provisions of al l applicable ordinances of theTown of Ocean City. Specifically all permitted uses on or within 75 feet of theBoardwalk are required to comply with the provisions of chapter 62 of the Code whichexpressly 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 al lprovisions of the local ordinancesincluding Chapter 62 of the Town Code.

    APPLICANTS SIGNATURE___________________________DATE_______________

    HOLD HARMLESS CLAUSE:

    Permitee (organization/applicant) shall assume all risks incident to or in connection withthe permitee activity and shall be solely responsible for damage or injury, of whateverkind or nature, to person or property, directly or indirectly arising out of or in connectionwith the permitee activity or the conduct of Permitees operation. Permitee herebyexpressly 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 thepermitee activity or conduct of its operation or resulting from the negligence orintentional acts or omissions of Permitee or its officers, agent and employees.

    APPLICANTS SIGNATURE___________________________DATE_______________

    PRIVATE EVENT APPLI CATION COMPLIANCE REQUIREMENT

    The applicant for the private event described in this application agrees to followguidelines provided and submit a complete application including all required submissionof materials.

    The applicant agrees to take full responsibility for all city-owned property, whetherborrowed, leased or rented, and understands that necessary replacement and/or repair feesmay be assessed should such property be in an unacceptable condition.

    Si nature on file 2/5/2013

    Si nature on file 2/5/2013

    Signature on file 2/5/2013

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    Page 9 of 9

    The applicant agrees to abide by all provisions of the private event permit granted by theTown and agrees to pay all fees and costs assigned to the permit. The applicant furtheragrees to comply with all conditions of the use permit, which may be required by theMayor and City Council of the Town.

    I have read and will copy with all special event application requirements.

    APPLICANTS SIGNATURE___________________________DATE_______________Si nature on file 2/5/2013

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    Boardw

    alk

    Beach

    Information Kiosk

    Start/Finish

    Ocean City Beach to BoardwalkHalf Marathon & 5k

    Half Marathon

    5k

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    6. MISCELLEANEOUS REPORTS AND PRESENTATIONSC. Private Event Approval Request for Ocean City Beach

    Blitz Soccer August 23, 2014

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    TOWN OF

    T h e W h i t e M a r l i n C ap i t a l o f t h e

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Lisa Mitchell, Private Event CoordinatorRE: Ocean City Beach Blitz Soccer (Formerly Soccer Resort Beach Tournament)DATE: October 29, 2013

    ISSUE(S): Request approval of the Ocean City Beach Blitz Soccer for August23, 2014

    SUMMARY: This event is a one-day adult and youth beach soccer tournamenton the beach from north of Dorchester Street to 2ndStreetoriginally scheduled for August 24, 2013. Council previouslyapproved this event on May 6, 2013; however, the applicant felt hedid not have enough time to properly promote the event andcancelled/postponed it. He is requesting approval to reschedule forAugust 23, 2014.

    FISCAL IMPACT: Potential positive economic impact from lodging, food andbeverage, recreation and other incidental expenditures related tothis event.

    RECOMMENDATION: Approve the event as presented.

    ALTERNATIVES: No staff alternatives suggested.

    RESPONSIBLE

    STAFF:Lisa Mitchell, Private event Coordinator

    COORDINATED

    WITH:All appropriate departmental staff has reviewed, and the event hasbeen coordinated with Public Works and Beach Patrol.

    ATTACHMENT(S): 1)August 2014 Calendar2)Cover Sheet3)Application

    Agenda Item # 6C

    Council Meeting Nov. 4, 2013

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    Sun Mon Tue Wed Thu Fri Sat

    1 2

    3 4 5 6 7 8 9

    10 11 12 13 14 15 16

    17 18 19 20 21 22 23

    PEOC Beach Blitz

    Soccer - TENTATIVE

    24 25 26 27 28 29 30

    31

    2014

    August

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    Ocean City Private Events

    Name of Event: Ocean City Beach Blitz Soccer New Event: YES

    Date of Event: Saturday August 23, 2014 with a rain date of Sunday, 24, 2014

    Date Application Received: September 23, 2013 Application Fee Paid: Yes

    Date Returned from All Departments: October 14, 2013 Total Cost to Town:No foreseeable costs

    Things to Note:

    This event would consist of a 1-day adult and youth beach soccer tournament.

    Event would take place from 8 am until 8 pm.

    Event set-up would take place on the Friday before the event.

    Breakdown would take place directly after the events completion.

    Location of the event would be on the beach north of Dorchester St. to 2ndSt.

    Event organizer would like to utilize two (2) small tournament tents with a PA system for announcements.

    Event organizer would like space for about 400 attendees to park their vehicles.

    Event organizer would provide port-o-lets for their participants.

    Expected number of participants is between 200-400. As of right now, there are no sponsors for this event.

    Comments from Department Representatives:

    RISK MANAGEMENT Insurance certificate must be submitted prior to the event. Ensure the courts are far enoughaway from the Boardwalk so no soccer balls are kicked into pedestrians on the Boardwalk.

    FIRE MARSHAL Tent permit must be obtained form the Office of the Fire Marshal.

    REC & PARKS Event-specific items may be sold. Walk-through areas for beach access are recommended. Beachstand franchises must be notified.

    OCPD Notify the affected shifts of the event.

    OCBP It is imperative that as beach events set-up they do not interfere with the normal patrolling of the beach forsafety. Must set-up at least 30-feet off the eastern most edge of the Boardwalk to allow OCBP vehicles to enter, exit

    and traverse the beach. Must also establish east to west lanes so OCBP may move from the back of the beach to thewaters edge. The eastern most field should allow for a buffer zone between game play and the beach patrons who areusing the beach so that an out of bounds ball does not strike an unsuspecting patron. Event organizer must takeresponsibility to keep these areas open and keep the event spectators from setting up in these areas. The southern mostfield should set-up north of the Dorchester Street beach access so the event does not interfere with emergency beachaccess.

    PUBLIC WORKS Soccer events take a large area of beach for their use that eliminates Public Works ability tomaintain or clean the beach properly. Trash generated by participants is a big issue with these events and must beaddressed if approved. The organizers must be responsible to collect trash and maintain the cleanliness of the beacharea they are given no excuses, no exceptions. Event organizer must be onsite during entire event. Vehicles on thebeach should be limited, monitored and closely controlled as far as times. Port-o-lets should not be needed. Somesoccer fields are directly in front of the new stage/bandstand being built at Caroline Street. The fields cannot interferewith any Town events that may be going on at this location. Lastly, a substantial performance bond should berequired as part of the event approval. So if the event organizer fails to meet their obligations, the funds would be

    available to pay for any needed services.

    OCCC, EMERGENCY SERVICES, TOURISM, TRANSPORTATION No concerns or comments.

    Date on Council Agenda:November 4, 2013 Date Applicant Notified of Meeting:

    Event Approved of Denied:

    Other:

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    9 ITEMS REFERRED TO AND PRESENTATIONS FROM

    THE CITY SOLICITOR

    A. Second Reading Ordinance 2013-14 to Amend Chapter110 Entitled Zoning (revises language to clarify parkingspace requirements for restaurant use within shopping

    centers)

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    TOWN OF

    T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

    TO: The Honorable Mayor, Council President and Members of Council

    FROM: David L. Recor, ICMA-CM, City ManagerRE: Second reading ordinance amending zoning codeDATE: October 23, 2013

    ISSUE(S): Ordinance to amend Zoning Code 110-932, Minimum number ofspaces

    SUMMARY: Second reading of Code amendment discussed at the October 7regular session. The ordinance revises language to clarify parking

    space requirements for restaurant use within shopping centers.It does not change the calculation process.

    FISCAL IMPACT: Not applicable

    RECOMMENDATION: Pass ordinance.

    ALTERNATIVES: Do not pass.

    RESPONSIBLE STAFF: R. Blaine Smith, Planning & Zoning Assistant DirectorKay Stroud, Zoning Analyst

    Planning and Zoning Commission

    COORDINATED WITH: Matthew Margotta, Planning & Community Development Director

    ATTACHMENT(S): Ordinance 2013-14

    Agenda Item # 9A

    Council Meeting November 4, 2013

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    First Reading _______________________

    Second Reading _____________________

    ORDINANCE 2013-

    AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OFTHE TOWN OF OCEAN CITY, MARYLAND

    NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR ANDCITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THECODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND IT IS HEREBY,AMENDED BY REPEALING AND REENACTING WITH AMENDMENT SUBSECTION110-932(b)(22), AS FOLLOWS:

    Sec. 110-932. Minimum number of spaces.

    . . .

    (b) The spaces required per basic measuring unit for each use or usecategory shall be as indicated below, with such additional requirements as maybe noted:

    . . .

    (22) Shopping centers, shopping plazas, retail stores, personalservice establishments and convenience food stores greater than 5,000 square

    feet of gross floor area: a) One space per 225 square feet gross floor area,except for movie theaters, which shall comply with the parking requirements asset forth in subsection (24), hereof. b) When restaurants, fast foodestablishments, cocktail lounges, taverns, nightclubs, or other establishments forthe consumption of food or beverage on or off the premises are located in ashopping center: i) If these establishments, individually or in total, comprise 25percent or lessof the gross floor area of the shopping center, the parkingrequirement shall be that for shopping centers; ii) If these eating and drinkingestablishments, individually or in total, comprise more than 25 percent of thegross floor area of the shopping center, parking shall be provided for the floorarea in excess of the 25 percent as set forth in subsection (20) hereof.Theparking calculation shall be computed for the retail and eating and drinking

    establishments separately and then combined.

    INTRODUCED at a meeting of the City Council of Ocean City, Maryland held onOctober 21, 2013.

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    ADOPTED AND PASSED by the required vote of the elected membership of theCity Council and approved by the Mayor at its meeting held on November 4, 2013.

    ATTEST:

    _____________________________ _________________________________KELLY L. ALLMOND, Clerk RICHARD W. MEEHAN, Mayor

    Approved as to Form: _________________________________LLOYD MARTIN, President

    _____________________________ __________________________________GUY R. AYRES, III, Solicitor MARY P. KNIGHT, Secretary

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    REGULAR SESSION -MAYOR AND CITY COUNCIL

    MONDAY, NOVEMBER 4, 2013

    9 ITEMS REFERRED TO AND PRESENTATIONS FROM

    THE CITY SOLICITOR

    B. First Reading - Ordinance to Amend Chapter 110 EntitledZoning (to change the definition of building height)

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    36 TOWN OF

    The White Marlin Capital of the World

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Kay Stroud, Zoning AnalystRE: First Reading - Code Amendment to Article I, Section 110-2. DefinitionsDATE: October 22, 2013

    ISSUE(S): Consideration of ordinance to amend Article I, Code Section 110-2 Definitions Building, height of.

    SUMMARY: The current definition of building height reads The verticaldistance from grade to the highest point where the exterior wallsmeet the roof at the top plate. The area above the maximumbuilding height (attic) shall not be used for living purposes, whichincludes working, sleeping, eating, cooking or recreation, or acombination thereof unless otherwise permitted within districtregulations.

    The new definition recommended creates a specific benchmarkfor measurement. The vertical distance from base floodelevation or two feet above grade, whichever is greater, to thehighest point where the exterior walls meet the roof. Also, theend of the last sentence is recommended to be amended asunless otherwise specified.

    The Planning & Zoning Commission held a public hearing onTuesday, October 15, 2013 to consider staff recommendationsand favorably presents this code amendment as an emergencyordinance due to the change of market conditions.

    FISCAL IMPACT: None

    RECOMMENDATION: Planning & Zoning Commission recommends approval ofamendment as an emergency ordinance.

    ALTERNATIVES: Further amendments, denial of request or pass for secondreading.

    RESPONSIBLE STAFF: R. Blaine Smith, Assistant Director, Planning & ZoningKay Stroud, Zoning Analyst

    COORDINATED WITH: Matthew G. Margotta, AICP, Director, Planning & CommunityDevelopment

    ATTACHMENTS: 1) Transcript with cover2) Recommendation3) Draft Ordinance

    Agenda Item # 9B

    Council Meeting November 4, 2013

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    First Reading _______________________

    Second Reading _____________________

    ORDINANCE 2013-

    AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OF

    THE TOWN OF OCEAN CITY, MARYLAND

    NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND

    CITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THE

    CODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND IT IS HEREBY,

    AMENDED BY REPEALING AND REENACTING WITH AMENDMENT SUBSECTION

    110-2 DEFINITIONS AS FOLLOWS:

    For the purpose of this chapter, the following definitions shall apply:

    Building, height of. The vertical distance from base flood elevation or two feetabove grade, whichever is greater, to the highest point where the exterior walls meet theroof. The area above the maximum building height (attic) shall not be used for livingpurposes, which include working, sleeping, eating, cooking or recreation, or acombination thereof unless otherwise specified.

    INTRODUCED at a meeting of the City Council of Ocean City, Maryland held onNovember 4, 2013.

    ADOPTED AND PASSED by the required vote of the elected membership of theCity Council and approved by the Mayor at its meeting held on ____________________,2013.

    ATTEST:

    _____________________________ _________________________________KELLY L. ALLMOND, Clerk RICHARD W. MEEHAN, Mayor

    Approved as to Form: _________________________________LLOYD MARTIN, President

    _____________________________ __________________________________GUY R. AYRES, III, Solicitor MARY P. KNIGHT, Secretary

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    RECOMMENDATION TO MAYOR AND CITY COUNCIL

    TO AMEND ARTICLE I CODE SECTION 110-2

    DEFINITION OF BUILDING HEIGHT

    File PZ #13-14100001

    * * * * * * * * * * * * * * * * * *

    On Tuesday, October 15, 2013, the Planning Commission continued a publichearing to consider amending Code Section 110-2, Definitions:

    Building, height of. The vertical distance from base flood elevation or two feet

    above grade, whichever is greater, grade to the highest point where the exterior walls

    meet the roof. The area above the maximum building height (attic) shall not be used for

    living purposes, which includes working, sleeping, eating, cooking or recreation, or a

    combination thereof unless otherwise specified.

    The Planning Commission initiated this amendment. There were no commentsfrom the public concerning the proposal.

    The Planning Commission reviewed the current ordinance and listened totestimony from Zoning Administrator Blaine Smith as to how building height is currentlycalculated by grade which is measured by the crown of the road, and how this

    clarification would create a specific benchmark for calculation of building height.

    At the conclusion of the meeting, the Commission voted unanimously (6-0) toforward the recommendation as an emergency ordinance. For your information, thetranscript of the public hearing is also included.

    /ks

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    PLANNING AND ZONING COMMISSIONSeptember 4, 2013

    PRESENT IN ATTENDANCE

    Pam Buckley Blaine SmithJohn Staley Kay StroudPeck Miller Matt MargottaLauren Taylor Terry McGeanJoel Brous Kevin GregoryChris Shanahan

    This meeting of the Planning and Zoning Commission was held on Wednesday,September 4, 2013, in the City Hall Council Chambers located on Baltimore Avenueand 3rdStreet, Ocean City, Maryland. Pam Buckley, Commission Chairperson, calledthe public hearing to order.

    BUCKLEY: Its the start of our first public hearing, and the first one is to amend,consider amending Article I, Code Section 110-2 Definitions, building, height of. Thevertical distance from base flood elevation to the highest point where the exterior wallsmeet the roof. The base area above the maximum building height (attic) shall not beused for living purposes, which includes working, sleeping, eating, cooking or recreation,or a combination thereof, unless specified otherwise within regulations. The applicants,Planning and Zoning Commission File #13-14100001. Prior to any public hearing, theCommissioner needs to ask if theres anyone in attendance who has an objection to the,anyone on the Commission sitting and taking part in this public hearing. Let the recordshow there is no objection to us taking part. We will have the introduction of the case byMr. Smith, and you will be sworn in.

    GREGORY: Do you swear and affirm under the penalties of perjury that you shall givewill be the truth, the whole truth and nothing but the truth?

    SMITH: I do. It was back in January of this year that we brought the matter to thePlanning Commission on whether or not we consider how we measure building heightand whether or not we would consider base flood elevation as the measuring pointversus grade, and grade in current zoning code is from the crown of the street mid-wayof the property; and if youre between two street, you would take the average grade ofthose two street at mid-way of the property so there would be an average measuringpoint as a benchmark to establish building height. Otherwise, the requirements arepretty much the same we would measure from a benchmark, but it would not be grade,it would be from base flood elevation. And I believe you all were receptive and you

    made a motion and second to move it forward to public hearing. Sometimes hastemakes waste, in this case I think it might be an advantage that weve waited this long toget it back to you all. Some things are evolving, and theres probably otherreconsiderations, and whether or not you want to continue the public hearing or not issomething, and Terrys still here as well, because when you deal with the term baseflood elevation, there are some variables going about right now that may not make it asimple matter that one size fits all. Weve found its going to become complex undernew flood maps and we did not know that back in January; nor did we know it reallywhen we made the advertisement, and it was Terrys aide that brought it up a few days

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    ago that these maps have areas that have no base flood elevation, which I foundsurprising, but, Terry can explain more about that, and what some of the remedy mightbe, because we still believe its a valid consideration that street grade is not necessarilythe best measuring point. Historically, and Im going to go back to 1970, through the1980s. In 1970s grade was exactly what it was, it was finished grade of the property,and even in the days of the high-rises being built, there were a certain number of

    properties that piled the dirt up on the property to get more building height because theywere measuring from finished grade. I dont know all the examples, but I know a fewexamples where that was done, and as you might recall, there were a lot of issues withbasement situations, because a basement by zoning code definition and by manybuilding code definition is one that when has one-half of its height below grade, it doesntconstitute a story. So, there were other issues that were happening, and the FEMAregulations was trying to prohibit basement because of flood-proofing of buildings andthings of that nature, so we almost outlawed basements. Now we are getting basementand we are getting different types of flood-proofing these days that FEMA willacknowledge, so some of those issues have been overcome to make the buildings meetthe flood-proofing of buildings, you know, more appropriate these days, and one of thoseis even the term human intervention which is another terminology. But there are things

    that could be done and can be done that FEMA endorses, but our point is when weestablish building height, and when you look at base flood elevation, which we believe isadequate to get the buildings up above base flood elevation, thats why I think we wereconsiderate in saying lets use base flood elevation, because that was to everybodysadvantage, to make these buildings more flood-proof by having them at higher levels.Hypothetically you could even look way ahead of that and say if in fact, sea level rise is areality, yes, its better to have them up again. Because if you get them up above baseflood elevation and sea level rise and things of that nature, you wont end up like Venice.You know, in time. But I dont think were faced with that really, but I do think we havefound that there were issues on how we were measuring building height, and toaccomplish building and all the amenity of buildings and its infrastructure. Between1970 and the 1980s, we then went to grade elevation of the street. Initially, and I would

    say it was probably mid-60s, up until the mid-60s, we had changed building height to be2 above grade, to establish building height, so we actually had what we now refer tosome days as freeboard and it did start off, it was 2 above grade, and grade wasdefined as the street grade. And there were a few case, and the one that I can think ofoff-hand was called Contemporary I, about 140-some street, and they got a 6 storybuilding and called it a 5 story building because of how the code said that if you parkedunder a building and its height was not more than 7 above grade, you werentconstituting an additional story. So Mr. Goldstein built Contemporary I, Harry Kennykept the ceiling of that no more than 7 above grade, which was 2 above the street,which gave him 9 to work with in effect, and still not be constituted a story. So we said,well thats another potential abuse, if you will, so we took, went back and revised thecode to say that grade was in fact crown of the road, center-way of the property, so it

    was a fixed point, and you didnt have this margin to play around with, and thats howweve been since probably the mid to 1980s, late 1980s. And so how it has workedfairly well, and I think what we discussed at the prior meeting in January was in someinstance to meet base flood elevation, meet your stormwater management with grade,grade of run-off, maintain a minimum height for parking under buildings be it for ADAand regular parking, and then not being able to take the top plate more than 50 abovegrade, it was crunching everything, so to meet the, the drainage and everything becauseit was being brought up and youre fixed up here and you wanted floor to ceiling heightsand things of that nature, that there probably is some desire to give more design leeway

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    so you could accommodate the proper heights under buildings for parking, and we seethat many times, you know, to build on sites, and still give them floor to ceiling heightthats adequate. The other thing I would say from a departmental, the fire code looks at,when youre talking about 5 story, 50 height, any time you get higher than 50 above andIm going to go back to finished grade, the highest finished grade, or it might even be thelowest finished grade, because if you have to get down from the upper floor to the lowest

    finished grade that cannot exceed 50 otherwise you become mid-rise and you have toput more bells and whistles and fire-proofing of the stair towers, smoke evacuation andall that. So they measure off the floor of the upper level versus us measuring to theceiling, which is where the top plate would normally meet the ceiling. So the FireMarshals has got a little more leeway because theyre concerned where those peopleactually stand and when they exit. In some case, and Ill use Jettybreak as an example,they did recreation on the roof. Well now they have people higher than that fifth floor, sothey constitute, they look at 50 as well. And Jettybreak, designed within one-half inch of50 to the top of the roof, so when people are on that roof, they were less than 50 to thatlowest grade. What they did, they almost dug a sump hole under the building to keepeverything down, because they didnt have this design leeway, but again, that was forlife safety purposes. This would not assist them in what they did because theyre going

    to measure from that physical upper level where people are to that lowest grade andthats no more than a 50 travel distance. So their term grade, finished grade, versusours, has had a little bit of difference. Not necessarily conflict, but there is a differencefor their purpose, and thats life safety. Where in our case, were looking at the profile ofthe building

    BUCKLEY: Exactly.

    SMITH: and the control points, the benchmark, and it still seems advisable that streetgrade is not necessarily the best way of doing it either.

    BUCKLEY: Okay, well let me ask you this, and Ill ask the attorney. If we dont have all

    the information at this point, cant we just table the public hearing, and get everybodysname and that

    MARGOTTA: Well readvertise.

    BUCKLEY: Yeah, I mean, if you dont

    MARGOTTA: Itll have to be readvertised.

    MILLER: Could I ask a question?

    BUCKLEY: Uh huh.

    MILLER: Youre saying that FEMAs changing the flood maps, can we do something?And tell me if its higher or lower but,go by the FEMA maps unless we go, or go by thegrade of the road.

    TAYLOR: Well, and you said

    SMITH: The first thought was use this, base flood elevation, or grade, whichever isgreater

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    MILLER: Right.

    SMITH: But theres some other issues

    BUCKLEY & MILLER: Okay.

    MARGOTTA: This ones on the (unclear)

    SMITH: Yeah.

    MARGOTTA: Terry, you can pipe in if you feel the need. The preliminary maps thatwere looking at, the FIRM maps are preliminary. They havent even gone through theirfirst step towards being adopted other than weve received some advanced copies priorto a coordination meeting that happens later this month. That starts the 90-day, themandatory 90-day appeal process. Talking with our co-workers over there in FEMA andwhatever that are looking at these issues, they think its going to be 18 to 24 monthsbefore the map actually gets adopted. What will be brought up in staff, once we come to

    realize this, is that we didnt want to write an ordinance and then try to remember thatmaintenance-wise later on down the road, lets go ahead and write the ordinance tocover the fact that weve got some map changes coming. For gods sakes dont go intosome conversation speculating what the maps going to be, but because I dont evenknow. And yes, they look a lot better, to me, than where they are currently. Basically alot of the town upgrades or downgrades, depending on how you want to look at that, asfar as its flood zone, what was in a V-zone now goes in an A-zone, a lot lessrequirements for flood risk manage-maintenance and mitigation, so the, and thats theexpectation that it will continue through, but I dont think its got really any bearing onyour decision tonight other than we didnt really catch it and we want to put some extrawording in there, it might be as much as a clause. We need some time to kind of do thatand get our heads together, and thats what the staffs kinda telling you right now, but if

    you have some initial thoughts on, you know, either continuing with this idea of baseflood, which we do like, or some other method of measurement, I think that would behelpful for us, were here, we can discuss that, but we do need some time to restaff thisissue.

    MILLER: Yeah, one of the reasons we moved forward with this, and I think Laurenspretty much pointed all the time, but we want better buildings, and right now were at atime where there are going to be some buildings built, were seeing like one here in frontof us

    MARGOTTA: Right.

    MILLER: and if this affects the, if we can build a better building, by changingsomething, I think it behooves us as a town to look at it now with the reality that theressomething else coming at us.

    MARGOTTA: Um hm.

    MILLER: and thats, I guess thats my thought instead of tabling the whole thing, Iwould rather see better buildings, safer buildings, I mean weve talked about it all theway through.

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    BUCKLEY: Um hm, right.

    MILLER: if its possible, and the sooner the better, to be quite honest, because we aregonna, you know, period right now wheres going to be a lot of construction popping outthe next three to five years. I mean, not tonight necessarily, but Im saying I think way

    sooner than

    BUCKLEY: I dont think I want to wait 18 months.

    MARGOTTA: No, no, its within a couple meetings, we

    BUCKLEY: Yeah.

    MARGOTTA: we got, weve already advertised for this, so we had to come heretoday, rather than pull it from the agenda, we thought it might be helpful to have somediscussion

    BUCKLEY: Right.

    MARGOTTA: and at least bring you up to date on where we are, but quite honestly,whats before, Id rather give you something to make a decision on than speculate andyou all try to figure it out yourselves its just simply technical stuff, and its probablygoing to be a clause thats added here, not too many words or anything.

    BUCKLEY: Alright, so I just say we table this for further information.

    TAYLOR: Untill the staff provides, yeah, further information.

    MARGOTTA: Do you want to be date certain?

    GREGORY: We would have to readvertise

    MARGOTTA: Yeah, I would want to readvertise anyway, just for public notice.

    BUCKLEY: So it, yeah, just, I just have to have a vote.

    GREGORY: See that puts us out, to get out the public notice thats required by theordinance, that puts us out, you know, another, well out ahead of a couple meetings foryou all, right?

    MARGOTTA: Um hm.

    SMITH: That would be two meetings from now to give us enough time to readvertise.

    MILLER: A month from now we could

    STROUD: It actually may be, Id have to look at the calendar, I dont think it couldprobably the 17thand the 1st, I think it might be like the 16th. That would be the third.

    SMITH: The first scheduled, that will make it work.

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    BUCKLEY: Okay, alright. So I can entertain a vote for that?

    TAYLOR: So moved.

    BUCKLEY: And a second by Peck. All in favor of tabling the public hearing?

    BOARD IN UNISON: Aye.

    BUCKLEY: (Gavel) So moved.

    MILLER: With bringing it back relatively quickly.

    TAYLOR: Blaine, a point of information for me, unless specified otherwise withinregulations, what would that be?

    SMITH: Okay, if you remember, between 3rdStreet and 15thStreet, we created the R-3Abuilding height to be no more than 3 story, and in doing that we created an incentive

    program that if you used a pitched roof not to exceed 9/12 pitch

    TAYLOR: Okay.

    SMITH: you could have living space in that attic.

    TAYLOR: Okay.

    SMITH: And there are a few other cases where, and you can do also in Montego Baywhen we changed their criteria. There are times when attic space can be habitable, ifyou want to call it that, so those are the other specified times.

    BUCKLEY: Right, gotcha.

    TAYLOR: And didnt you have a problem with the Belmont roof because of the highestpoint where the exterior wall meets?

    MILLER: It was the shadow issue I think, was what we had, right?

    BUCKLEY: Right.

    SMITH: Yeah. And he had what we call a fabricated roof with our 12/12 pitch had a50 ridgepole height. He made the, because the building was 100 broad, and it went upon a 12/12 pitch and made the ridgepole 50, and that was a dec