October 7 2013 Complete Agenda

MAYORANDCITYCOUNCIL
REGULARSESSION
Monday,October7,20136:00P.M.
AGENDA
1.
CALLTOORDER PRAYERANDPLEDGE APPROVALOFMINUTES A. WorkSessiondatedSeptember10,2013 B. RegularSession#17datedSeptember16,2013 C. WorkSessiondatedOctober1,2013 ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCIL A. StandingCommitteeDraftAgendasforOctober1115,2013 CONSENTAGENDA A. PrivateEventApprovalRequestfor2ndAnnualRavensvs.Steelers5KFootballChallenge November23, 2013 B. PrivateEventApprovalRequestfor2ndAnnualJingleBellFunRunDecember8,2013 C. 3YearPrivateEventApprovalRequestforSeaside10 October31,2015 D. RequestApprovaltoSoleSourcePurchaseReplacementFireAttackandSupplyHose E. RequestApprovaltoSolicitBidsforRoofReplacementandRestoration F. BidAwardRecommendationfor94thStreetWaterTankPainting G. BidAwardRecommendationforFireHydrantAssessmentandMaintenance MISCELLEANEOUSREPORTSANDPRESENTATIONS A. PrivateEventApprovalRequestforMDCOPSMemorialWalkOctober19,2013 B. PrivateEventApprovalRequestforRockinRavensWeekendOctober1820,2013 PUBLICHEARINGS ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF A. DiscussionofZoningCodeAmendmentChangesConcerningRequiredParkingRegulations presentedbyPlanningandCommunityDevelopmentDirector ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR A. SecondReadingOrdinance201312toAdoptFY13BudgetAmendment#2 B. SecondReadingOrdinance201313BondOrdinance COMMENTSFROMTHEPUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during CommentsfromthePublicforaperiodoffive(5)minutesorsuchtimeasmaybedeemedappropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject onwhichheorshewishestospeak.
2. 3. 4. 5. 6. 7. 8.
9. 10.
MayorandCityCouncilRegularSessionAgenda
11. 12. 13. COMMENTSFROMTHECITYMANAGER A. ReviewoftentativeworksessionagendaforOctober15,2013 COMMENTSFROMTHEMAYORANDCITYCOUNCIL ADJOURN
October7,2013
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 3 APPROVAL OF MINUTES A. Work Session dated September 10, 2013 B. Regular Session #17 dated September 16, 2013 C. Work Session dated October 1, 2013
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 4 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL A. Standing Committee Draft Agendas for October 11-15, 2013
OceanCity,Maryland PoliceCommission MeetingAgenda October11,20139:00AM PublicSafetyBuilding

1. 2. 3. 4. 5. 6. CalltoOrder ApprovalofMinutesoftheSeptember9,2013Meeting ChiefsUpdateonSeptemberCrimeStats UpdateonHighwaySafetyandEnforcement ECD/TaserUpdate Adjournment
TourismCommissionMeeting Agenda 3p.m. Friday,October11,2013 Room214,ConventionCenter 1) 2) 3) 4) Approvalofminutes Ococeanenhancedlistingsupdate Strategicplanningdiscussion Organizationalreports
OCEAN CITY, MARYLAND RECREATION & PARKS COMMITTEE Tuesday, October 15, 2013 4:00 P.M. Northside Park Community Room AGENDA
1. Call to Order and Attendance 2. Approval of Minutes of September 10, 2013 3. Presentation on Baseball Tournaments at NSP in 2014 by Moose Holland 4. Caroline Street Boardwalk Stage Procedure 5. 2015 Town Sponsored Special Events Schedule 6. New Private Special Events 7. Kayak Rentals Concession RFP 8. Other Business 9. Adjournment
P:Tom/Rec & Parks Committee Meeting Agenda 10-15-2013
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 5. CONSENT AGENDA A. Private Event Approval Request for 2nd Annual Ravens vs. Steelers 5K Football Challenge November 23, 2013
336
TOWN OF
The White Marlin Capital of the World

Agenda Item # Council Meeting 5A Oct. 7, 2013
TO: THRU: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Event Coordinator Ravens vs Steelers 5K October 1, 2013 Private event approval request for 2nd Annual Ravens vs. Steelers 5K Football Challenge Chris Klebe for OC TriRunning Sports would like to hold a 5K running race on the Boardwalk and football challenges on the beach from 25th to 27th Streets on Saturday, November 23, 2013. The race is a friendly competition between Ravens and Steelers fans, sponsored by Buxys Salty Dog and the 28th Street Pit and Pub. The football challenges will be family friendly stations, accessing different skills.
ISSUE(S):
SUMMARY:
FISCAL IMPACT:
Potential positive economic impact from lodging, food and beverage, recreation and other incidental expenditures related to this event. Approve the request as presented. No staff alternatives suggested. Lisa Mitchell, Private Event Coordinator All appropriate departmental staff has reviewed, and the event has been coordinated with OCPD and Public Works. 1) November 2013 Calendar 2) Cover Sheet 3) Application
RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:
ATTACHMENT(S):
November
Sun Mon Tue Wed Thu Fri 1 Sat 2
PE Wicomico Street Winter Festival
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Winterfest Begins
PE Ravens vs Steelers 5K TENTATIVE
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2013
Ocean City Private Events

Name of Event: Ravens vs. Steelers 5K Date of Event: Saturday, November 23, 2013 Date Application Received: July 15, 2013 Date Routed: July 15, 2013 Date Returned from All Departments: September 12, 2013 Things to Note: This event would consist of a 5K run that would take place completely on the Boardwalk. Other events, such as a 40yard dash, football bomb toss, accuracy toss and football agility drill would also take place on the beach from 25 th to 27th Streets. The event coordinator requests the closing of 27th Street from Baltimore Avenue to the Boardwalk for registration from 7 am until 11 am. Set-up for the event would begin at 5 am on the morning of the event. The event coordinators request to borrow the following from the city 200 traffic cones, 50 barricades and the judges stand. The event would take place from 9 am until 1 pm. Clean up would take place immediately following the conclusion of the event and be finished by 3 pm. The race would run from 27th Street to 1st Street and then back to 27th Street. Upon completion of the race, the first 100 Ravens fans times will be compared against the first 100 Steelers fans ti mes and a trophy will stay in the winning bar for the year. There will also be awards for the top two (2) male and female overall, the most team spirit, and the top two (2) in each age group. The event coordinators would set plastic fencing around the designated area on the beach. The event coordinators understand they would be responsible for all trash removal. The event coordinators would like to place port-o-lets on-site. The event coordinators would like to set-up a tent and air-inflated structures. Expected number of participants is between 300-500. Sponsors of the event would be the Pit and Pub and Buxys Salty Dog, both on 28 th Street. The event coordinators would work with the local Ravens Roost. The date requested is a few days before the Ravens play the Steelers. After the event, the participants would go back to their teams bar for tailgating. Total Cost to Town: No foreseeable costs Application Fee Paid: Yes New Event: No
Comments from Department Representatives: PUBLIC WORKS Will provide 200 traffic cones, 50 barricades for the applicant to pick up and return. Will also set-up the judges stand. No issues with granting approval of this event. OCPD Assign patrol officers from shift to assist with the event and blocking off 27 th Street. May assign a bike officer to the run portion of the event. RISK MANAGEMENT Hold harmless clause to be signed and Insurance Certificate to be obtained prior to the event. Should also have participants sign a hold harmless clause as well. FIRE MARSHAL The coordinator must obtain an air-inflated structure permit and a tent permit from the Office of the Fire Marshal. TOURISM, EMERGENCY SERVICES, TOURISM, OCBP, TRANSPORTATION, OCCC, and REC & PARKS No comments, concerns or costs.
Date on Council Agenda: October 7, 2013 Event Approved of Denied: Date Permit Issued: Other:
PRIVATE EVENT APPLICATION

NON-REFUNDABLE APPLICATION FEE:
RETURN APPLICATION TO: Town of Ocean City, Maryland
$100.00 For Profit Applicants, $25.00 Non-Profit Applicants

Private Events Coordinator Town of Ocean City Recreation and Parks 200 125th Street Ocean City, MD 21842 LMitchell@oceancitymd.gov
This is an application for use and is not a permit of use. No guarantee of availability or use is made or implied by the acceptance of the application and fee. This application 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 submitted less than 90-days prior to the proposed start date, a late submission fee of $100.00 will be assessed for both Non-Profit organizations and For-Profit promoters. A new application must be submitted annually for recurring events. Any misrepresentation in this application or deviation from the final agreed upon route and/or method of operation described herein may result in the immediate revocation of the permit. Applicants attention is directed to the accompanying information packet, entitled Private Event Application Guidelines. All questions on the application must be fully answered. Same as last year or similar comments are not acceptable responses. If a question does not apply, please write N/A in that space. The application will be returned if the information is incomplete. Please type or print the information clearly. You may attach additional sheets as necessary.
A non-refundable application fee must accompany this document. $100.00 For-Profit Promoters and $25 Non-Profit 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 ocean block, per day. Races/runs/walks on the beach do not require a per block charge. Set-up and breakdown days are also subject to this fee assessment.
2nd Annual Ravens v Steelers Rival 5K Tailgate Football Challenge 1. TITLE OF EVENT: ________________________________________________
2. IS THIS A NEW EVENT? ____No______________________________________
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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: __11/23/2013 4. STARTING & ENDING TIMES OF EVENT: __8am-1pm 5. PROJECTED SET-UP DATE (S) & TIMES: _11/22/2013 at 5am 6. PROJECTED CLEAN-UP DATE (S) & TIMES:__Immediately following the event and complete by 3pm 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _27th St. on the Boardwalk. The beach from 25-27 Street . We will run from 27th St. to 1st St. for the turn around and finish at 27th St. We are also requesting to use the beach from 25-27 St. _____________________________________________________________________ _____________________________________________________________________ 8. APPLICANTS NAME: __Chris Klebe 9. ORGANIZATION 10. MAILING ADDRESS: REPRESENTING: _12280 Dixie Dr., _OC Bishopville, Trirunning MD 21813 _____________________________________________________________________ _____________________________________________________________________ 11. WORK PHONE: 443-497-4324___ HOME PHONE: ___________________ FAX: _______________________ EMAIL: _________________________________ 12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF PROOF OF NON-PROFIT STATUS. HAVE YOU SUBMITTED SUCH DOCUMENTATION? _N/A_______________________________ IF NOT, WHY? _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR, IF DIFFERENT THAN APPLICANT: _____________________________________________________________________ 14. LOCAL ADDRESS OF COORDINATOR, IF DIFFERENT THAN QUESTION 10: _____________________________________________________________________ 15. COORDINATORS CONTACT INFORMATION IF DIFFERENT THAN QUESTION 11: HOME: ____________________WORK: _________________ FAX: ____________________________ CELL: __________________________
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E-MAIL
ADDRESS:
____________________________________________
OTHER: _____________________________________________________________ 16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: _____ The 5K will take place on the Boardwalk. Please see attached map. We are requesting to set up football challenges for the runners and families along the beach on 25 to 27 Streets. We will offer the following stations for the family and friends: 40 yd dash, Football Bomb Toss, Accuracy Toss, Football Agility Drill 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? ____________________ IF SO, WHERE? __________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT (Include location, process, etc.): 20. WILL YOU SET ___See UP A JUDGING attached AREA, P.A. map SYSTEM, layout TENTS, _____________________________________________________________________ SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED
Yes between 25 and 27 Sts. 2 locations pit and pub and Buxys salty dog, both on 28th St.
DIAGRAM AND DESCRIBE HERE: _please see diagram _____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: __We will set plastic fencing around designated area on the beach. ____________________________________________________________________ 22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assessed.): ____ _We are requesting to close off 27th St. from Baltimore Ave. to the Boardwalk for registration from 7 am until 11 am. 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? N/A____________ IF SO, WHAT TYPE? __________________________________ _____________________________________________________________________
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24. WHAT IS YOUR RAIN POLICY? ____________________________________ _Rain or shine event. Beach activities will be called off if it rains 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING GARBAGE AND RECYCLABLES? _We will provide a dumpster for trash removal. ______________________ _____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT (TOILETS, HAND WASHING, ETC.)? ________________________________ _We will have port-o-lets on site. _____________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: _______________ N/A_________________________________________________________________ _____________________________________________________________________ 28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): _______________________________________________________ _N/A________________________________________________________________ ____________________________________________________________________ 29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES, CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? _Yes__________
OC TriRunning IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________
_____________________________________________________________________ _____________________________________________________________________ 30. DESCRIBE EVENT PRIZES/AWARDS: _Trophy will be given to the winning team. The 1st 100 ravens fans times against the first 100 stealers fans. The trophy will stay in the wining bar for the year. We will also give to the top 2 male and female overall as well as most team spirit. We will also do the top 2 in each age group. 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.
Yes 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.
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33. WILL YOU BE HAVING AIR-INFLATED STRUCTURES AT YOUR EVENT? Yes___________

Please forward a copy of the approved Air Support/Air-Inflated Structures Permit to the Private Events Coordinator.
No 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________

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

Please forward a copy of the approved 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? __Yes___ IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.): __________________________ __Not on the Boardwalk, only at the sponsoring establishments 28th St. Pit and Pub, and Buxys______________________________________Please
approved One Day Alcohol Permit to the Private Events Coordinator. forward a copy of the
37. EXPECTED NUMBER OF PARTICIPANTS: _300-500______________________ 38. EXPECTED NUMBER OF SPECTATORS: __300___________________________ 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? __N/A________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 traffic cones, 50 barricades and the judges stand. _____________________________________________________________________ ____________________________________________________________________ _____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) COPY TO THE BACK OF THIS APPLICATION.
MDOT Highway Permit to the Private Events Coordinator.
HAVE YOU ALREADY
OBTAINED TIS PERMIT? __N/A___________IF SO, PLEASE ATTACHED A

Please forward a copy of the approved
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42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING
N/A THE PARADE ROUTE: ______________ DESCRIBE: ______________________
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE (5) YEARS: __________________________________________________________ ____Ocean City marathon, Seaside 10, Ocean City 5-Mile Boardwalk Run, Assateague Island Triathlon.___________________________________ 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.): ____Pit and Pub and Buxys____________________________ ____________________________________________________________________ 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS
. APPLICATION: __We will be working with the local Ravens Roost. The date
requested is a few days before the Ravens play the Steelers. After the events the runners family and friends will be going back to their teams bar for tailgating. Each bar provides food. 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.
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INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant shall obtain, at the applicants own expense, general liability insurance coverage, which shall include 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 as additional insured, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance and the addendum shall be furnished to the Private Events Coordinator, no later than 30-days before the private event. INSURANCE CERTIFICATE 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 DISCLOSURE: The applicant must comply with all provisions of the Towns 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. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks, specified energy drinks and bottled waters. 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 agreement with the Town of Ocean City. I have read this disclosure and agree that I will comply with its provisions. APPLICANTS SIGNATURE____________________________DATE_06/01/2013___ MANDATED CHANGES/CANCELLATION Applicant understands that any event or event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other necessary governmental function. Such action may be directed at any time.
Signature on File 06/01/2013 APPLICANTS SIGNATURE___________________________DATE_______________ Signature on File
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LOCAL ORDINANCE DISCLOSURE AND COMPLIANCE The applicant agrees to comply with the provisions of all applicable ordinances of the Town of Ocean City. Specifically all permitted uses on or within 75 feet of the Boardwalk are required to comply with the provisions of chapter 62 of the Code which expressly prohibits the public sale, rental or exchange for a donation of any goods, wares, merchandise, foodstuffs, refreshments or other commodities or services. I have read this disclosure and will comply with all provisions of the local ordinances including Chapter 62 of the Town Code.
Signature on File APPLICANTS SIGNATURE___________________________DATE_______________ 06/01/2013
HOLD HARMLESS CLAUSE: Permitee (organization/applicant) shall assume all risks incident to or in connection with the permitee activity and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, directly or indirectly arising out of or in connection with the permitee activity or the conduct of Permitees operation. Permitee hereby expressly agrees to defend and save the Town of Ocean City, its officers, agents, employees and representatives harmless from any penalties for violation of any law, ordinance, or regulation affecting its activity and from any and all claims, suits, losses, damages, or injuries directly or indirectly arising out of or in connection with the permitee activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitee or its officers, agent and employees.
Signature on File 06/01/2013 APPLICANTS SIGNATURE___________________________DATE_______________
PRIVATE EVENT APPLICATION COMPLIANCE REQUIREMENT The applicant for the private event described in this application agrees to follow guidelines provided and submit a complete application including all required submission of materials. The applicant agrees to take full responsibility for all city-owned property, whether borrowed, leased or rented, and understands that necessary replacement and/or repair fees may be assessed should such property be in an unacceptable condition. The applicant agrees to abide by all provisions of the private event permit granted by the Town and agrees to pay all fees and costs assigned to the permit. The applicant further agrees to comply with all conditions of the use permit, which may be required by the Mayor and City Council of the Town. I have read and will copy with all special event application requirements. APPLICANTS SIGNATURE____ Signature on File ________DATE_______________ 06/01/2013
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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 5. CONSENT AGENDA B. Private Event Approval Request for 2nd Annual Jingle Bell Fun Run December 8, 2013
2336
TOWN OF

Agenda Item # Council Meeting 5B Oct. 7, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Event Coordinator Jingle Bell Fun Run October 1, 2013 Private event approval request for 2nd Annual Jingle Bell Fun Run. Chris Klebe for OC TriRunning Sports would like to hold a running race in North Ocean City on Sunday evening, December 8, 2013. The race is a family holiday fun run under the lights in Ocean City.
ISSUE(S): SUMMARY:
FISCAL IMPACT:
Potential positive economic impact from lodging, food and beverage, recreation and other incidental expenditures related to this event. Approve the request as presented. No staff alternatives suggested. Lisa Mitchell, Private Event Coordinator All appropriate departmental staff has reviewed, and the event has been coordinated with OCPD and Rec & Parks. 1) December 2013 Calendar 2) Cover Sheet 3) Application
ATTACHMENT(S):
December
Sun 1 Winterfest Mon 2 Winterfest Tue 3 Winterfest Wed 4 Winterfest Thu 5 Winterfest Fri 6 Winterfest Sat 7 PE OC Christmas Parade Winterfest
8 Winterfest PE 2nd Annual Jingle Bell Run TENTATIVE 15 Winterfest
9 Winterfest
10 Winterfest
11 Winterfest
12 Winterfest
13 Winterfest
14 Winterfest
16 Winterfest
17 Winterfest
18 Winterfest
19 Winterfest
20 Winterfest
21 Winterfest
22 Winterfest
23 Winterfest
24 Winterfest
25 Winterfest
26 Winterfest
27 Winterfest
28 Winterfest
29 Winterfest
30 Winterfest
31 Winterfest
2013
Ocean City Special Events Private Events

Name of Event: Jingle Bell Fun Run Date of Event: Sunday, December 8, 2013 Application Fee Paid: Yes New Event: No
Date Application Received: September 18, 2013 Date Routed: September 18, 2013 Date Returned from All Departments: October 1, 2013
Total Cost to Town: No foreseeable costs
Things to Note: This would be a running event in conjunction with the Winterfest of Lights. The event is also requesting participants bring a gift for Toys for Tots. The event would take place from 5 pm to 7 pm. Breakdown of the event would immediately follow completion of the race. The event organizers request to use the Winterfest tent for registration and drop off for Toys for Tots. The event organizers request two (2) police officers for the racecourse: one (1) to lead and one (1) to follow the race. The racecourse would be on Jamaica Avenue, the bike path at Northside Park, through the back of the Montego Bay Shopping Center and in the Montego Bay Community. The event organizers request 50 cones from Public Works. Comments from Department Representatives: PUBLIC WORKS If approved, organizer must pick up 50 traffic cones from Public Works and return following the event. Deposit for traffic cones is $2.00 per cone, totaling $100.00. RISK MANAGEMENT Insurance Certificate must be obtained prior to the event. REC & PARKS Delay the start of the Winterfest trams for a half hour (start at 6 pm) and advertise this information. Bring in staff to set up and manage the Winterfest event about an hour earlier than usually scheduled. Provide access to the Winterfest tent for runners use. Turn on festival lights. Be on site to protect interest of facility and Winterfest event. Cost of staff (2 full-time, 6 Winterfest staff, Santa and Parks) estimated at $220, glow necklaces estimated at $100, for an expected total cost of $320.00. The biggest concern, from a safety perspective, is the curb heading into Montego Bay parking lot was perceived as a trip hazard. The curb was lighted and well-marked, but still presented a challenge to some. There is now a curb cut in that location, so hope that particular concern will not repeat. As this is an evening run, suggest the applicant take heed to light the course as necessary. Last year was the first year for this event and it went reasonably well. The applicant purchases tickets for the runners and includes it as part of their entry fees. Runners families purchase their own tickets so there really are no free rides. Applicant must take responsibility for the safety of the course. Applicant must make arrangements with the hot chocolate vendor. Approval from Montego Bay Shopping Center must be obtained to use their rear parking lot as that is not City property. Ideally, the applicant will bear the expense of the lighted necklaces in the future. Request assistance from the Tourism and Communication Departments to let people know of the tram delay on the run date. Overall, a nice addition to the Winterfest event, and a unique running opportunity for the health minded community. OCPD Detail two (2) officers from shift to assist with traffic control as requested. EMERGENCY SERVICES, TRANSPORTATION, FIRE MARSHAL, TOURISM, OCBP, OCCC No comments, concerns or costs.
Date on Council Agenda: October 7, 2013 Event Approved or Denied: Other:

Town of Ocean City, Maryland

RETURN APPLICATION TO:
2nd Annual Jingle Belln Fun Run 1. TITLE OF EVENT: ____________________________________________________ No 2. IS THIS A NEW EVENT? ______________________________________________
3. DATE(S) OF EVENT
Sunday December 8, 2013
5pm 7pm 4. STARTING & ENDING TIMES OF EVENT: _______________________________
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5. PROJECTED SET-UP DATE (S) & TIMES: Sunday 12/8/2013 3pm _____________________________________________________________________
Sunday 12/8/2013 7pm 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.): _____________________________________________ To Be held at the Ocean City Rec Dept. We will be using the park for the run Under the _____________________________________________________________________ _____________________________________________________________________ Winterfest Of lights . OC Trirunning will have Volunteers on site directing runners/walkers through the park and the rest of the course. We are requesting to use the _____________________________________________________________________ Large Tent already on site for registration and drop off for Toys For Tots. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Chris Klebe 8. APPLICANTS NAME: ______________ __________________________________
OC Trirunning Sports 9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ _____________________________________________________________________
10. MAILING ADDRESS: _________________________________________________ 12280 Dixie Drive , Bishopville MD 21813 _____________________________________________________________________
443-497-4324 4103525478 11. WORK PHONE #_____________________HOME PHONE #__________________ FAX:____________________________EMAIL: Dom1414@aol.com
12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF PROOF OF NON-PROFIT STATUS: _____________________________________ _____________________________________________________________________ _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR: ______________________________________ 14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ _____________________________________________________________________ _____________________________________________________________________ 15. COORDINATORS CONTACT NUMBERS: 410-352-5478 HOME: ___________________________WORK: 443-497-4324 FAX:_____________________________CELL: __________________________ E-MAIL ADDRESS: ________________________________________________ . FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: We
Same as above Chris Klebe
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OC Trirunning, is requesting to use the path around the Rec Center for the fun Run/Walk. We are asking that walkers and runners bring a gift for Toys for Tots during registration before the run. The run/walk will start and finish will be At the end of Jamaica Ave. and 127th Street. From there the runners will be guided through the grounds dept for the rec center and onto the bike path. They will make one full loop and then back through the grounds / Maintenance dept. The runners/walkers. They will continue behind Montego Bay shopping center. They will make a left out af back parking lot and continue for a mile to the turn around . They will then head back into the park and do 1 more loop and finish on Jamaica Ave. The runners /walker will get a T-shirt, Hot Choc, Cookies, and other refreshments. We are also going to be giving Red and Green glow in the dark necklace that they are required to have on during the event. Also included if you sign up for the event is free a train ride through the park . Just for that night. We will give out awards after the run is over. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
*if more space is needed, please attach additional pages to the back of this application
17. WHERE WILL EVENT HEADQUARTERS BE LOCATED? Registration Tent ____________________________________________________________________ ____________________________________________________________________ 18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE SUCH ACCESS? ______IF SO, WHERE? ________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT. (Include location, process, etc.): _______________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS, SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED DIAGRAM AND DESCRIBE HERE: _____________________________________ _____N/A_______________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
Page 3 of 9
21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO We will have plenty of Volunteers But are requesting 2 OCPD for course. EMPLOY: ___________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assessed.): We are in need of 50 traffic cones for the course and are requesting 2 OCPD officers on ____________________________________________________________________ site for traf site for course safety 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? _____ IF SO, WHAT TYPE?N/A _______________________________________ ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 24. WHAT IS YOUR RAIN POLICY? _______________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING TRASH, GARBAGE AND RECYCLABLES? 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT (TOILETS, HAND WASHING, ETC.)? ___________________________________ We are requesting to use what will already be on site. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
N/A 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Rain or shine
28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & N/A QUANTITIES): ______________________________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
Page 4 of 9
____________________________________________________________________ 29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES, CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? $28. fee IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________ _Portion of the proceeds go to The Ocean City Rec Dept.
N/A
30.DESCRIBE EVENT PRIZES/AWARDS: Awards to top male and females in age groups.
N/A 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _________________

Please forward a copy of the approved One Day Raffle Permit, to the Private Events Coordinator.
N/A 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? _Yes

Please forward a copy of the approved Air Support/Air -Inflated Structures Permit, to the Private Events Coordinator.
N/A 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________

Please forward a copy of the approved Bonfire Permit, to the Private Events Coordinator.
N/A 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? __NO______ IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.):__________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
Please forward a copy of the approved One Day Alcohol Permit, if required, to the Private Events Coordinator.
150 to 200 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________
38. EXPECTED NUMBER OF SPECTATORS: ________________________________
Page 5 of 9
39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APPROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? _____________WHO DID YOU CONTACT? _________ ____________________________________________________________________ 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): We are requesting 50 traffic cones for the course. We also would like 2 police officers for the course.
__ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION.
Please forward a copy of the approved MDOT Highway Permit to the Private Events Coordinator once you receive it.
42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING THE PARADE ROUTE: _______________DESCRIBE: __________ ____________________________________________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE Ocean City Half Marathon, Making Strides Cancer run, 5 Mile Boardwalk (5) YEARS: __________________________________________________________ run ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
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 Page 6 of 9
provided below.): 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS APPLICATION: _________________________________________________ ____________________________________________________________________ Do to the nature and time frame of this event , we feel it is something that everyone will ____________________________________________________________________ enjoy from Children to Adults. A family Holiday fun Run under the lights in Ocean City. ____________________________________________________________________ ____________________________________________________________________ . We are requesting that the tram ride through the lights to be delayed for a additional half hour. This gives us plenty of time to clear the course of all runners and walkers. With ____________________________________________________________________ their registration, all participants get a ticket to ride on the tram through the lights with ____________________________________________________________________ their family . ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. / IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______
INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant must obtain, at the applicants own expense, general liability insurance coverage, which shall include 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 as additional insureds, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance and the addendum shall be furnished to the Private Events Coordinator, no later than 30-days before the private event. INSURANCE CERTIFICATE AND ADDENDUM: ____________INCLUDED WITH APPLICATION _///__________TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EVENT
COCA-COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Towns 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.
Page 7 of 9
The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks, specified energy drinks and bottled waters. The permitted beverages include Coca-Cola, Diet Coca-Cola, Sprite, Pibb Xtra, Mello Yello, Nestea, Arizona Tea, Barqs Root Beer, Fanta, Minute Maid, PowerAde, Fuze Juice, Monster, Tum E Yummies, Dasani and other products that Coca-Cola may provide in accordance with its agreement with the Town of Ocean City. I have read this disclosure and agree that I will comply with its provisions. APPLICANTS SIGNATURE____________________________DATE______________
Chris klebe 9/15/2013
Chris Klebe 9/15/2013 APPLICANTS SIGNATURE___________________________DATE_______________
HOLD HARMLESS CLAUSE: Permitted (organization/applicant) shall assume all risks incident to or in connection with the permitted activity and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, directly or indirectly arising out of or in connection with the permitted activity or the conduct of Permitteds operation. Permitted hereby expressly agrees to defend and save the Town of Ocean City, its officers, agents, employees and representatives harmless from any penalties for violation of any law, ordinance, or regulation affecting its activity and from any and all claims, suits, losses, damages, or injuries directly or indirectly arising out of or in connection with the permitted activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitted or its officers, agent and employees.
MANDATED CHANGES/CANCELLATION Applicant understands that any event or event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other necessary governmental function. Such action may be directed at any time.
Chris Klebe 9/15/2013
Page 8 of 9
APPLICANTS SIGNATURE___________________________DATE_______________
PRIVATE EVENT APPLICATION COMPLIANCE REQUIREMENT The applicant for the private event described in this application agrees to follow guidelines provided and submit a complete application including all required submission of materials. The applicant agrees to take full responsibility for all city-owned property, whether borrowed, leased or rented, and understands that necessary replacement and/or repair fees may be assessed should such property be in an unacceptable condition. The applicant agrees to abide by all provisions of the private event permit granted by the Town and agrees to pay all fees and costs assigned to the permit. The applicant further agrees to comply with all conditions of the use permit, which may be required by the Mayor and City Council of the Town. I have read and will copy with all special event application requirements.
Page 9 of 9
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 5. CONSENT AGENDA C. 3-Year Private Event Approval Request for Seaside 10 October 31, 2015
TOWN OF

Agenda Item # Council Meeting 5C Oct. 7, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator Seaside 10 3-year event approval continuation October 1, 2013 Request a continuation of the Seaside 10 event approval to include October 31, 2015. This is a longstanding running event in Ocean City that consists of 10-mile, 5K and 1-mile runs. Potential positive economic impact from lodging, food beverage, recreation and other incidental expenditures related to this event. Approve the request. No staff alternatives suggested. Lisa Mitchell, Private Event Coordinator All appropriate departmental staff has reviewed, and the event has been coordinated with Public Works and OCPD. 1) October 2015 Calendar 2) Cover Sheet
ISSUE(S):
SUMMARY:
FISCAL IMPACT:
ATTACHMENT(S):
October
Sun Mon Tue Wed 1 Thu 2 Fri 3 Sat
PE Surf Fishing
PE Surf Fishing PE Winefest -
PE Surf Fishing PE Winefest
10
PE Endless Summer Cruisin
11
12
13
14
15
16
17
PE Corvette Weekend
18
19
20
21
22
23
24
25
26
27
28
29
30
31
PE Seaside 10 TENTATIVE
2015
Ocean City Private Events 3-Year Approval

Name of Event: Seaside 10 Date of Event: Requesting event approval for October 31, 2015 Cost to the Town of Ocean City to support this event: Approximately $11,397.31
Things to Note: This approved event continuation request is for three different running races A 5K would take place on the Boardwalk and finish under the tram station; a 10-Mile Run would start and finish at the Inlet Parking Lot under the tram station, and a 1-Mile fun run that would take place on the Boardwalk. In 2011, Chris Klebe for OC TriRunning was first granted a 3-year event approval for Seaside 10. Chris Klebe for OC TriRunning would like to continue this provision, and requests Council approve this event for the date of October 31, 2015. All appropriate documents have been supplied and fees have been invoiced.
Comments from Department Representatives: Fire Marshal Permits for the use of the tent and air inflated structure must be obtained from the Office of the Fire Marshal. OCPD Traffic control at Inlet Lot and 27th Street/Baltimore Avenue. Traffic control at 11 intersections on Coastal Highway race route. Lead vehicle and bike. Officers to lead/follow the Boardwalk 5K. Requires two (2) supervisors ($360) and 19 officers ($2,508) for a total expected cost of $2,868.00. OCPD does not man 68 th and 69th Streets in the alleyways, so volunteers will be needed there. Traffic arrow boards and VMB needed at 33 rd St. on Coastal Highway and at MD Rte. 90. Risk - COI to be submitted prior to the event. Applicant must follow SHA requirements for any of the race on the roads. Runners should sign a hold harmless agreement as well in order to participate in the run. Public Works This is an established annual event that already has approval for 2013 and 2014 and is looking for a continuation of their 3-year event approval to include 2015 dates, and Public Works has no issue with approving the event request. This years application appears to be a repeat of last year. This event area is quite large and spread out from the Inlet to 69th Street and requires significant use of city items and resources. Public Works will set up and remove the traffic pattern. The event requires overtime from the Department. Cost to the department to support this event last year was about $8,529.31 and it may increase this year. Rec. & Parks, Tourism, Transportation,, OCBP, Emergency Services and OCCC No comments.
Date on Council Agenda: October 1, 2013 Council Ruling: ________________________________________________
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 5. CONSENT AGENDA D. Request Approval to Sole Source Purchase Replacement Fire Attack and Supply Hose
25166
TOWN OF

Agenda Item # Council Meeting 5D October 7, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Chris Larmore, Fire Chief Replacement Fire Hose September 26, 2013 Purchase replacement fire hose in various lengths and sizes. The Ocean City Fire Department is requesting permission to sole source purchase replacement fire attack and supply hose. Total cost for the replacement hose is $ 21,517.00 This is an approved line item in the budget at $20,000. The remaining $1,517 will be funded from the Operational Supplies account. Approve purchase to match hose color, style, and material that is currently in use on apparatus. Do not approve sole source purchase. Chris Shaffer- Assistant Fire Chief David Recor, ICMA-CM, City Manager Jennie Knapp, Budget Manager 1) Sole Source letter 2) Hose quotation 3) Hose request memo
ISSUE(S): SUMMARY:
FISCAL IMPACT:
RECOMMENDATION:
ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:
ATTACHMENT(S):
Ocean City Fire Department Memorandum

To: Chief Larmore From: Assistant Chief Chris Shaffer Date: September 26, 2013 Re: Hose Purchase ************************************************************ Below is a list of hose size and quantity needed from this years budget. I recommend we move forward with the purchase. The budgeted amount is $20,000. I believe we can fund the remaining $1,517.00 from the 00125004236040 Account to complete the order and remain within the budgeted allowance. 5 2.5 2 1.75 2400 200 350 400 $ 17,664.00 $ $ $ 908.00 1,449.00 1,496.00
$ 21,517.00
Sept. 17, 2013
Ocean City Volunteer Fire Company 1409 Philadelphia Ave. Ocean City, MD 21842
Attention: Mr. Chris Shaffer Please be advised that Mercedes Textiles Limited currently has no authorized, resident Distributor in the State of Maryland for structural fire-fighting hose products. In this case, we sell through authorized Mercedes Textiles Limited Distributors from other locations on a case by case basis. Witmer Associates The Fire Store, based in Coatesville, Pennsylvania, is currently exclusively authorized to sell our products to Ocean City Fire Company in Ocean City Maryland.
Yours Truly,
Jamie Emblem Mercedes Textiles Ltd. North East Sales Region 877-937-9660 x 231
Witmer Public Safety Group

104 Independence Way Coatesville, PA 19320 Phone: (800) 852-6088 Fax: (888) 335-9800
Quote ID: Date: Sales Person:
Quotation
144870 8/20/2013 Kevin G
Page 1 of 1
Proposal To:
Ocean City Vol. Fire Dept. 1409 Philadelphia Ave P.O. Box 27 Ocean City, MD 21842 Phone: (410) 289-4346 Fax: (410) 289-8421
Quantity Item ID Description Unit Amount
Proposal ID Date Sales Person
144870 8/20/2013 Kevin G
Mercedes Hose
1.00 23150100ATY 1.00 26030050ATB 1.00 12525050ATC 1.00 12520050ATC SPO Mercedes Megaflo+ Hose, 5" X 100', Permatek Coated Yellow coupled 5" storz GoldIR SPO Mercedes MTFS-800-DP Hose, 3" x 50', Permatek Blue, coupled 2.5" NH aluminum SPO Mercedes Kraken EXO Fire Hose, Permatek 2.5" X 50', Clear (White) coupled 2.5" NST aluminum SPO Mercedes Kraken Exo Fire Hose, 2" x 50' Permatek Color Treated Clear (White) coupled 1.5" NST aluminum SPO Mercedes Kraken EXO Fire Hose, Permatek coated (specify color) , 1.75" x 50', coupled 1.5" NH gold Way-Out couplings SPO Mercedes Fire Boss 1" X 100' Forestry Hose Single Jacket, Permatek Treated, No Coupling TAN in COLOR Stencil all hose "OCEAN CITY FIRE DEPT" 736.00 209.00 227.00 207.00 736.00 209.00 227.00 207.00
1.00 12517050ATB
187.00
187.00
1.00 160101001TY
127.49
127.49
Note: Price quoted delivered!
Thank you, Kevin A. Greenlee

ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are satisfactory and are hereby accepted. Signature Date
Subtotal Tax Total
1,693.49 0.00
1,693.49
Proposal is valid until September 19, 2013

Created by Eagle Business Management Systems
Proposal is Valid until September 19, 2013
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 5. CONSENT AGENDA E. Request Approvel to Solicit Bids for Roof Replacement and Restoration
TOWN OF

Agenda Item # Council Meeting TO: THRU: FROM: RE: DATE: 5E October 7, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell Senior Project Manager Request Permission to Receive Sealed Bids for the Public Safety Building & Vehicle Maintenance Building Roof Replacement / Restoration October 1, 2013
ISSUE(S):
Receive Sealed Bids for the Public Safety Building & Vehicle Maintenance Building Roof Replacement / Restoration. Request permission, from the Mayor & City Council, to receive sealed bids at the October 29, 2013 Work Session for the Public Safety Building & Vehicle Maintenance Building Roof Replacement / Restoration Project. This Bid is for the installation of the Pre-Purchased Roofing Materials approved September 16, 2013. The funding for this project is included in the upcoming Bond Issuance. Proceed with the proposed Bid Opening on October 29, 2013. None Dean Dashiell Senior Project Manager Hal Adkins Director of Public Works Not applicable
SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 5. CONSENT AGENDA F. Bid Award Recommendation for 94th Street Water Tank Painting
TOWN OF

Agenda Item # Council Meeting TO: THRU: FROM: RE: DATE: 5F October 7, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell Senior Project Manager Bid Award Authorization for the 94th Street Water Tank Painting & Repairs October 1, 2013
ISSUE(S):
Bid Award Authorization for the 94th Street Water Tank Painting & Repairs. Request permission, from the Mayor & City Council, to award the 94th Street Water Tank Painting & Repairs to Utility Service Company, Inc., who tendered the lowest Base Bid (A No Logo) at $ 198,000.00; Alternate Price (B-Town of Ocean City Logo) at $ 216,000.00; and Alternate Price (C-Art League Logo) at $ 206,000.00. This request is based on bids received at the October 1, 2013 Work Session. I have performed a review of the low bid received from Utility Service Company, Inc. and have found those Forms and Bond to be in accordance with the Contract Documents. I have also reviewed their previous project performance with our NACE Inspector, and mechanical engineer and received favorable statistics. The funding for this project was budgeted in the FY 2014 Water Distribution Account. The staff estimate for this project was $ 300,000.00. Proceed with the approval of Utility Services Company, Inc. in the amount of, Item A with no logo at $ 198,000.00; Item B with Town Logo at $ 216,000.00; or Item C with Art League Logo at $ 206,000.00. None Dean Dashiell Senior Project Manager Hal Adkins Director of Public Works Jim Parsons Deputy Direct of Public Works Completed Bid Tabulation Form
SUMMARY:
FISCAL IMPACT:
RECOMMENDATION:
ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:
ATTACHMENT(S):
94th Street Water Tank Painting Repairs Bid Tabulation
CONTRACTORS Corrosion Control Corp D & M Painting K & K Painting George Kountoupes Maccarri Companies Nostos SS Contractors Utility Service
Base Bid - A No Bid No Bid $318,000.00 No Bid $204,091.00 $247,600.00 $198,000.00
Alternate # 1 - B
Alternate # 2 - C
$326,000.00
$319,000.00
$214,351.00 $261,600.00 $216,000.00
$216,403.00 $259,600.00 $206,000.00
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 5. CONSENT AGENDA G. Bid Award Recommendation for Fire Hydrant Assessment and Maintenance
TOWN OF

Agenda Item # Council Meeting 5G October 7, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell Senior Project Manager Bid Award Authorization for the 2014 Fire Hydrant Assessment/Maintenance Project October 1, 2013
ISSUE(S): SUMMARY:
Bid Award Authorization for 2014 Fire Hydrant Assessment/ Maintenance Project Request permission from the Mayor & City Council to award the 2014 Fire Hydrant Assessment / Maintenance Project to R & M Service Solutions, LLC, based on the bid results received at the October 1, 2013 Work Session. I have performed a review of the low bid received from R & M Service Solutions, and have found the document and bid security to be consistent in accordance with the contract documents. Funding for this project was included in the FY 2014 Water Department Budget in the amount of $ 80,000.00 Proceed with the approval of R & M Service Solutions, LLC in the amount of $ 63,640.00 for the 2014 Fire Hydrant Assessment / Maintenance Project. None Dean Dashiell Senior Project Manager Hal Adkins Director of Public Works Jim Parsons Deputy Director of Public Works Completed Bid Tabulation Sheet
FISCAL IMPACT: RECOMMENDATION:
ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
2014 Fire Hydrant Assessment / Maintenance Project Bid
CONTRACTORS
Base Bid
Mueller Service Company R & M Service Utility Service Company
$84,968.00 $63,640.00 $80,410.00 $103,200.00
Wachs Water
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 6. MISCELLEANEOUS REPORTS AND PRESENTATIONS A. Private Event Approval Request for MD COPS Memorial Walk October 19, 2013
TOWN OF
The White Marlin Capital of the

Agenda Item # Council Meeting 6A Oct. 7, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator MD COPS Memorial Walk October 1, 2013 Private event approval request to hold a memorial walk and service on the Boardwalk and beach at 21st Street on Saturday, October 19, 2013. Sean Kille, from the MD Chapter of Concerns of Police Survivors, is requesting to hold a memorial walk and service for surviving family members who lost their loved ones in the line of duty. Potential positive economic impact from lodging, food and beverage, recreation and other incidental expenditures related to this event. Approve the event as presented. No staff alternatives suggested. Lisa Mitchell, Private Event Coordinator All appropriate departmental staff has reviewed, and the event has been coordinated with OCPD. 1) 2) 3) 4) October 2013 Calendar Private Event Application Private Event Site Layout Council Meeting Cover Sheet
ISSUE(S):
SUMMARY:
FISCAL IMPACT:
ATTACHMENT(S):
October
Sun Mon Tue 1 Wed 2 Thu 3 PE Surf Fishing Fri 4 PE Surf Fishing Sat 5 PE Surf Fishing PE Corvettes PE ESA
6 PE ESA PE Offshore Boat Race
10 PE Cruisin
11 PE Cruisin
12 PE Cruisin
13 PE Cruisin
14
15
16
17
18 PE Boardwalk Wedding PE Rockin Ravens Weekend TENTATIVE
20 PE OCtoberfest PE Rockin Ravens Weekend TENTATIVE 27 PE OCtoberfest
21
22
23
24
25
19 PE ACS Making Strides 5K PE OC Rally PE OCtoberfest PE Boardwalk Wedding PE Rockin Ravens Weekend TENTATIVE PE - MD COPS Memorial TENTATIVE 26 PE Seaside 10 PE OCtoberfest
28
29
30
31
2013

Name of Event: MD COPS Memorial Walk Date of Event: 10/19/2013 Date Application Received: 9/17/2013 Date Routed: 9/17/2013 Date Returned from All Departments: Things to Note: This event would consist of family members placing a long stemmed red rose upon the sand, under a small picture of their loved ones, while a short description is read about how they lost their police officer in the line of duty. The event would take place on an area of the beach immediately in front of the Grand Hotel, at 21st Street. The event would take place from 10 am until 12 noon. Set-up would take place the morning of the event and consist of pictures being placed at intervals in the sand dependent upon where the hurricane fences are erected this year. The applicant would collect and dispose of all solid waste. The participants would walk along the beach together to the event site. The applicant requests the OCFD hang the US, state and OC flags over the Boardwalk as the families leave the hotel to start the memorial walk. 10/1/2013 Total Cost to Town: $500 Application Fee Paid: Yes
New Event: YES
Comments from Department Representatives: OCPD Police Honor Guard will be assigned to this detail along with officers from the shift. Cost to the department would be $500.00. Risk Insurance certificate must be submitted prior to the event. Fire Marshal, Public Works, Beach Patrol, Rec & Parks, Emergency Services, Transportation, Tourism, OCCC No comments or concerns.


MD COPS Memorial Walk 1. TITLE OF EVENT: ________________________________________________
2. IS THIS A NEW EVENT? ____Yes______________________________________
Page 1 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: __10-19-2013 4. STARTING & ENDING TIMES OF EVENT: __1000-1200 5. PROJECTED SET-UP DATE (S) & TIMES: _1000 10-19-2013 6. PROJECTED CLEAN-UP DATE (S) & TIMES:__1230 10-19-2013
_____________________________________________________________________ 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _Area of beach immediately in front of the grand hotel off 21st St. and boardwalk
_____________________________________________________________________ _____________________________________________________________________ 8. APPLICANTS NAME: __Sean Wm. Kille 9. ORGANIZATION REPRESENTING: _MD Chap. Of Concerns of Police Survivors (COPS) _______________________________________________________ 10. MAILING ADDRESS: _PO Box 1451, Salisbury, MD 21802
_____________________________________________________________________ 11. WORK PHONE: ___ HOME PHONE: 410-310-1782________ FAX: _______________________ EMAIL: ocboatpatrol@hotmail.com 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: _____________________________________________________________________ 14. LOCAL ADDRESS OF COORDINATOR, IF DIFFERENT THAN QUESTION 10: _____________________________________________________________________ 15. COORDINATORS CONTACT INFORMATION IF DIFFERENT THAN
QUESTION 11: HOME: ____________________WORK: _________________ FAX: ____________________________ CELL: __________________________
Page 2 of 9
E-MAIL
ADDRESS:
____________________________________________
OTHER: _____________________________________________________________ 16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: _____ ____Surviving family members will be allowed to place long stem red roses upon the sand, under a small picture of their loved ones, while a short description is read about how they lost their police officer in the line of duty.
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _________________________________________________________________ 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.): ______N/A_____________________________________________________
Grand Hotel
_____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS,
SCAFFOLDING, ETC.?
IF SO, PLEASE ILLUSTRATE ON REQUIRED
DIAGRAM AND DESCRIBE HERE: _____________________________________ ___No 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: _____The group will walk along the beach together as they remember their respective fallen officer. ____________________________________________________________________ 22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR
CONSIDERATIONS (Be aware that additional charges may be assessed.): ____ The last two years, OCFD has been kind enough to hang the US, state and OC flags
Page 3 of 9
for us over the boardwalk as the families leave the hotel to start the memorial walk_________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? __N/A__________ 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?
I will personally be taking care of this. _____________________________________________________________________ N/A
_____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT (TOILETS, HAND WASHING, ETC.)? ________________________________ ___Hotel facilities where all family members will already be staying.
_____________________________________________________________________ __________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: _______________ _N/A________________________________________________________________

N/A N/A _____________________________________________________________________
28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): _______________________________________________________ __N/A_______________________________________________________________ ____________________________________________________________________ 29. WILL REVENUE BE GENERATED FROM PARTICIPANT
No
FEES,
CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? ______________ IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________
N/A
_____________________________________________________________________ _____________________________________________________________________
Page 4 of 9
30. DESCRIBE EVENT PRIZES/AWARDS: _None____________________________ ____________________________________________________________________ 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT?
___No______________
Private Events Coordinator.
Please forward a copy of the approved One Day Raffle Permit to the
No 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________

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



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.
No
37. EXPECTED NUMBER OF PARTICIPANTS: ____80-100____________________

unknown 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?
No franchise activity this time of year. _____________________________________________________________________
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): __________none_______________________________________________________ _____________________________________________________________________
Page 5 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? ___N/A_____________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION.
MDOT Highway Permit to the Private Events Coordinator. Please forward a copy of the approved
42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING THE PARADE ROUTE: ______________ DESCRIBE: ______________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 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.): ___N/A______________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS
. APPLICATION: ______________________________________________________ The Grand Hotel for the past 5-6 years, always towards the end of October.
________________Pictures will be placed at intervals in the sand dependent upon where the hurricane fences are erected this year.
_____________________________________________________________________ _______________________________
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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 XX____ NO_______
INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant shall obtain, at the applicants own expense, general liability insurance coverage, which shall include 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 as additional insured, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance and the addendum shall be furnished to the Private Events Coordinator, no later than 30-days before the private event. INSURANCE CERTIFICATE 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 DISCLOSURE: The applicant must comply with all provisions of the Towns 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. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks, specified energy drinks and bottled waters. 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,
Page 7 of 9
Dasani and other products that Coca-Cola may provide in accordance with its agreement with the Town of Ocean City. I have read this disclosure and agree that I will comply with its provisions. APPLICANTS SIGNATURE____________________________DATE______________ MANDATED CHANGES/CANCELLATION Applicant understands that any event or event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other necessary governmental function. Such action may be directed at any time.
Signature on file 9/12/2013 APPLICANTS SIGNATURE___________________________DATE_______________ Signature on file 9/12/2013
Signature on file 9/12/2013 APPLICANTS SIGNATURE___________________________DATE_______________
Page 8 of 9
Page 9 of 9
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013
6. MISCELLEANEOUS REPORTS AND PRESENTATIONS B. Private Event Approval Request for Rockin Ravens Weekend October 18-20, 2013
36
TOWN OF

Agenda Item # Council Meeting 6B Oct. 7, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Event Coordinator Rockin Ravens Weekend October 1, 2013 Private event approval request for Rockin Ravens Weekend Patricia Smith, for the Castle in the Sand Hotel, is requesting the street end of 37th Street from the alleyway to the dune line be closed from Friday, Oct. 18 until Sunday, Oct. 20 for Rockin Ravens Weekend. This event centers around the Castle in the Sand Hotel and its outdoor property. A welcome reception is set for Friday night at Coconuts Beach Bar and Grill with live music until 9 pm. Saturday afternoon events include a tailgate party and pig roast on hotel patio and volleyball court with a caterer, comfort stations and tables on the east end of 37th St. from the alley to the dune line and live music until 10 pm. Sunday is game day with four (4) TVs set around the restaurant and volleyball court for viewing the game and live music until 6 pm.
ISSUE(S): SUMMARY:
FISCAL IMPACT:
Potential positive economic impact from lodging, food and beverage, recreation and other incidental expenditures related to this event. Approve the request as presented. No staff alternatives suggested. Lisa Mitchell, Private Event Coordinator All appropriate departmental staff has reviewed, and the event has been coordinated with Public Works. 1) 2) 3) 4) October 2013 Calendar Cover Sheet Application Site Layout
ATTACHMENT(S):
October
Sun Mon Tue 1 Wed 2 Thu 3 PE Surf Fishing Fri 4 PE Surf Fishing Sat 5 PE Surf Fishing PE Corvettes PE ESA
6 PE ESA PE Offshore Boat Race
10 PE Cruisin
11 PE Cruisin
12 PE Cruisin
13 PE Cruisin
14
15
16
17
18 PE Boardwalk Wedding PE Rockin Ravens Weekend TENTATIVE
20 PE OCtoberfest PE Rockin Ravens Weekend TENTATIVE 27 PE OCtoberfest
21
22
23
24
25
19 PE ACS Making Strides 5K PE OC Rally PE OCtoberfest PE Boardwalk Wedding PE Rockin Ravens Weekend TENTATIVE PE - MD COPS Memorial TENTATIVE 26 PE Seaside 10 PE OCtoberfest
28
29
30
31
2013

Name of Event: Rockin Ravens Weekend Date of Event: October 18-20, 2013 Date Application Received: September 24, 2013 Date Returned from All Departments: October 1, 2013 Things to Note: This event centers around the Castle in the Sand Hotel and its outdoor property. A welcome reception Friday night at Coconuts beach bar and grill with live music until 9 pm. Saturday afternoon tailgate party and pig roast on hotel patio and volleyball court with a caterer, comfort stations and tables on the east end of 37th St. from the alley to the dune line and live music until 10 pm. Sunday game day with four (4) TVs set around the restaurant and volleyball court for viewing the game and live music until 6 pm. Applicant would like to provide two (2) comfort stations and allow caterer to set-up on the street end of 37th Street. Applicant requests the Town block off the street end of 37 th Street from the alleyway to the dune line from 9 am on Friday, Oct. 18th until 11 pm on Oct. 20. Application Fee Paid: Yes Total Cost to Town: No foreseeable costs
New Event: YES
Comments from Department Representatives: PUBLIC WORKS Will post 37th Street from the alley east to the street end no parking. RISK MANAGEMENT Hold harmless clause to be signed and Insurance Certificate to be obtained prior to the event. FIRE MARSHAL The coordinator must keep the emergency access lane clear. OCPD, EMERGENCY SERVICES, TOURISM, OCBP, TRANSPORTATION, OCCC, and REC & PARKS No comments, concerns or costs.


Rockin Ravens Weekend 2013 1. TITLE OF EVENT: ________________________________________________
2. IS THIS A NEW EVENT? ____Yes______________________________________
Page 1 of 8
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: __10/18-20/2013 4. STARTING & ENDING TIMES OF EVENT: __9 am on 10-18 until 11 pm on 10-20 5. PROJECTED SET-UP DATE (S) & TIMES: _N/A 6. PROJECTED CLEAN-UP DATE (S) & TIMES:__N/A
_____________________________________________________________________ 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _Hotel outdoor restaurant, volleyball court, outdoor patio and east end of 37th Street from the alley to dune line.
_____________________________________________________________________ 8. APPLICANTS NAME: __Patricia Smith 9. ORGANIZATION REPRESENTING: Castle in the Sand
_______________________________________________________ 10. MAILING ADDRESS: _3701 Atlantic Avenue, Ocean City, MD 21842 _____________________________________________________________________ 11. WORK PHONE: 410-289-6846___ HOME PHONE: 410-608-4666________ FAX: _410-289-9446___________ EMAIL: groups@castleinthesand.com 12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF PROOF OF NON-PROFIT STATUS. HAVE YOU SUBMITTED SUCH
DOCUMENTATION? ___N/A_____________________________ IF NOT, WHY? _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR, IF DIFFERENT THAN APPLICANT: _____________________________________________________________________ 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: ____________________________________________
OTHER: _____________________________________________________________
Page 2 of 8
16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: _____ ____Event centers around Castle in the Sand hotel and its outdoor property. Welcome reception Friday night at Coconuts beach bar and grill with live music until 9 pm. Saturday afternoon tailgate party and pig roast on hotel patio and volleyball court (Caterer, comfort station and a few tables on the east end of 37th St. from alley to the dune line, live music till 10 pm. Sunday game day, 4 tvs set around restaurant and volleuball court for viewing the game and live music until 6 pm. ________________________________________________________________________ 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.): ______All set up will be done in house with the exception of black diamond caterers that set up buffet on outdoor patio and prepare food in parking area of hotel. _____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS,
Castle in the Sand Hotel
SCAFFOLDING, ETC.?
IF SO, PLEASE ILLUSTRATE ON REQUIRED
DIAGRAM AND DESCRIBE HERE: _____________________________________ ___No 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: _____All hotel and restaurant mgmt.. will be on duty. We have 4 security men from 2 pm until 9 pm each evening. ____________________________________________________________________ 22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR
CONSIDERATIONS (Be aware that additional charges may be assessed.): ____ N/A
Page 3 of 8
23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? __N/A__________ 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?
Standard hotel pick up schedule _____________________________________________________________________ Rain or shine
_____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT (TOILETS, HAND WASHING, ETC.)? ________________________________ ___2 comfort stations on order through piersons.
_____________________________________________________________________ __________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: _______________ _N/A________________________________________________________________

N/A N/A _____________________________________________________________________
28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): _______________________________________________________ __N/A_______________________________________________________________ ____________________________________________________________________ 29. WILL REVENUE BE GENERATED FROM PARTICIPANT
No
FEES,
CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? ______________ IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________
N/A
_____________________________________________________________________ _____________________________________________________________________ 30. DESCRIBE EVENT PRIZES/AWARDS: _None____________________________ ____________________________________________________________________ 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT?
___No______________
Private Events Coordinator.
Please forward a copy of the approved One Day Raffle Permit to the
Page 4 of 8
No 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________

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



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.): __________________________ _____through hotel bar Coconuts
yes
_____________________________________________________________________
Please forward a copy of the approved One Day Alcohol Permit to the Private Events Coordinator.
37. EXPECTED NUMBER OF PARTICIPANTS: ____250____________________

N?A 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?
N/A _____________________________________________________________________
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): __________Block off end of 37th St.
_____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY
OBTAINED TIS PERMIT? ___N/A_____________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION.
MDOT Highway Permit to the Private Events Coordinator. Please forward a copy of the approved
Page 5 of 8
42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING
N/A THE PARADE ROUTE: ______________ DESCRIBE: ______________________
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 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.): ___N/A______________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS APPLICATION: ______________________________________________________ ________________N/A_________________________________________________ 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 XX____ NO_______
Same event, same location. This is 3rd year.
Page 6 of 8
INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant shall obtain, at the applicants own expense, general liability insurance coverage, which shall include 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 as additional insured, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance and the addendum shall be furnished to the Private Events Coordinator, no later than 30-days before the private event. INSURANCE CERTIFICATE 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 DISCLOSURE: The applicant must comply with all provisions of the Towns 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. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks, specified energy drinks and bottled waters. 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 agreement with the Town of Ocean City. I have read this disclosure and agree that I will comply with its provisions. APPLICANTS SIGNATURE____________________________DATE______________ MANDATED CHANGES/CANCELLATION Applicant understands that any event or event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other necessary governmental function. Such action may be directed at any time.
Signature on file 9/24/2013 APPLICANTS SIGNATURE___________________________DATE_______________ Signature on file 9/24/2013
Page 7 of 8
Page 8 of 8
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 8 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF A. Discussion of Zoning Code Amendment Changes Concerning Required Parking Regulations presented by Planning and Community Development Director
02516
2336OF TOWN

Agenda Item # Council Meeting 8A October 7, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kay Stroud, Zoning Analyst Code Amendment to Article V, Section 110-932(b)(22) September 4, 2013 To consider amending Article V, Code Section 110-932(b)(22) related to Parking Regulations to determine how to calculate required parking in shopping centers, shopping plazas, retail stores, personal service establishments, and convenience food stores greater than 5,000 square of gross floor area. By way of clarification, the code amendment specifies that the first 25% of the gross square footage occupied by establishments for consumption of food or beverage on or off the premises provide parking at one space per 225 square feet of gross floor area; whereas the same uses would create a higher demand if over 25% of total gross square footage and be calculated at one space per 100 square feet of gross floor area. The Planning & Zoning Commission held a public hearing on Wednesday, September 4, 2013 to consider staff recommendations and favorably presents this code amendment to the Mayor and City Council.
ISSUE(S):
SUMMARY:
None To approve and amend Article V, Section 110-932(b)(22) of the Zoning Code. Further amendments or denial of request. R. Blaine Smith, Assistant Director, Planning & Zoning Kay Stroud, Zoning Analyst Matthew G. Margotta, AICP, Director, Planning & Community Development 1) Transcript with cover 2) Recommendation 3) Draft Ordinance
ALTERNATIVES: RESPONSIBLE STAFF:
COORDINATED WITH:
ATTACHMENT(S):
RECOMMENDATION TO MAYOR AND CITY COUNCIL TO AMEND ARTICLE V CODE SECTION 110-932(b)(22) RELATED TO PARKING REGULATIONS DETERMINING HOW TO CALCULATE REQUIRED PARKING IN SHOPPING CENTERS, PLAZAS, RETAIL STORES, PERSONAL SERVICE ESTABLISHMENTS, & CONVENIENCE FOOD STORES GREATER THAN 5,000 SQUARE FEET File PZ #13-14100002 ****************** On Wednesday, September 4, 2013, the Planning Commission conducted a public hearing to consider amending Code Section 110-932(b)(22) related to parking regulations, determining how to calculate required parking spaces in shopping centers, shopping plazas, retail stores, personal service 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 as set forth in subsection (24), hereof. b) When restaurants, fast food establishments, cocktail lounges, taverns, nightclubs, or other establishments for the consumption of food or beverage on or off the premises are located in a shopping center: i) If these establishments, individually or in total, comprise less than 25 percent or less of the gross floor area of the shopping center, the parking requirements shall be that for shopping centers; ii) If these eating and drinking establishments, individually or in total, comprise more than 25 percent of the gross floor area of the shopping center, parking shall be provided for the gross floor area of those uses in excess of the 25 percent in accordance with their separate requirements. The parking calculations shall be computed for the retail and eating and drinking establishments separately and then combined.
ii)
The Planning Commission initiated this amendment. There were no comments from the public concerning the proposal. The Planning Commission reviewed the current ordinance and listened to testimony from Zoning Administrator Blaine Smith as to how parking is tabulated for the above mixed use centers over 5,000 square feet of gross floor area. The Commission found that by amending the code as recommended it would allow for clarification and not penalize an entire project by increasing its entire restaurant use to the higher parking demand of 1 parking space per 100 square feet of gross floor area, but only the gross square footage of restaurant use in excess of 25%.
Restaurant use up to 25% of the total shopping center, plaza, etc., would be calculated as that for shopping centers, 1 parking space per 225 square feet of gross floor area. At the conclusion of the meeting, the Commission voted unanimously (6-0) to forward the recommendation. For your information, the transcript of the public hearing is also included. /ks
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 110-932(b)(22), AS FOLLOWS: Sec. 110-932. Minimum number of spaces. ... (b) The spaces required per basic measuring unit for each use or use category shall be as indicated below, with such additional requirements as may be noted: ... (22) Shopping centers, shopping plazas, retail stores, personal service 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 as set forth in subsection (24), hereof. b) When restaurants, fast food establishments, cocktail lounges, taverns, nightclubs, or other establishments for the consumption of food or beverage on or off the premises are located in a shopping center: i) If these establishments, individually or in total, comprise less than 25 percent of the gross floor area of the shopping center, the parking requirement shall be that for shopping centers; ii) If these eating and drinking establishments, individually or in total, comprise more than 25 percent of the gross floor area of the shopping center, parking shall be provided for those uses in accordance with their separate requirements. The parking 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 on October 7, 2013.
ADOPTED AND PASSED by the required vote of the elected membership of the City 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
PLANNING AND ZONING COMMISSION September 4, 2013
PRESENT Pam Buckley John Staley Peck Miller Lauren Taylor Joel Brous Chris Shanahan
IN ATTENDANCE Blaine Smith Kay Stroud Matt Margotta Terry McGean Kevin Gregory
This meeting of the Planning and Zoning Commission was held on Wednesday, September 4, 2013, in the City Hall Council Chambers located on Baltimore Avenue and 3rd Street, Ocean City, Maryland. Pam Buckley, Commission Chairperson, called this 2nd public hearing of the evening to order. BUCKLEY: Public hearing #2, this, and all the people left, September 4th, 2013, is to consider amending Article V, Code Section 110-932(b)(22) Shopping Centers, Shopping Plazas, Retail Stores, Personal Service Establishments and Convenience Food Stores greater than 5000 square feet of gross floor area, (a) 1 space per 225 square feet of gross floor except for movie theaters, which shall comply with the parking requirements as set forth in subsection 24 hereof, (b) when restaurants, fast food establishments, cocktail lounges, taverns, nightclubs or other establishments for the consumption of food or beverages on or off the premises are located in a shopping center, (i) if these establishments, individually or in total comprise 25% or less of the gross floor area of the shopping center, the parking requirements shall be that for shopping centers, (ii) if these eating and drinking establishments individually or in total comprise more than 25% of the gross floor area of the shopping center, parking shall be provided for the gross floor area of those uses in excess of the 25% in accordance with their separate requirements. The parking calculations shall be computed for the retail and eating and drinking establishments separately and then combined. The applicant, Planning and Zoning Commission (File #13-14100002). Prior to any public hearing, the commissioner must ask if theres anyone in attendance that objects to anyone taking part in this public hearing. Let the record state that theres been no objection to all the commissioners taking part. Mr. Smith. GREGORY: Do you swear and affirm under the penalties of perjury the testimony you shall give will be the truth, the whole truth, and nothing but the truth? SMITH: I do. The essence of this amendment, and again, it was requested and we discussed it at a prior Planning Commission meeting is that under the current regulation, if theres a restaurant in excess of 25% of the shopping center, parking for that restaurant is one space per 100 of the gross, of all restaurant gross square footage, and the proposal that because the first 25% is exempt in itself if you dont exceed the 25%, that once the shopping center establishes restaurant use of 25% or less, then its cared for by the parking of the shopping center. BUCKLEY: Correct.
SMITH: And, instead of penalizing the project, if you will, that once you exceed that 25% now the parking will be computed one per 100 of anything in excess of the 25% that was established in the first place, so were giving them some leeway on the initial 25% to encourage these type use within shopping center provisions, and when you exceed that 25% then its understood that it will have more of a parking demand, and they should provide parking at the rate of one per 100 as though it were a free-standing restaurant. BUCKLEY: Right. MILLER: Could I ask a question? BUCKLEY: Questions, of Mr. Smith. Peck. MILLER: Blaine in here it says, umm, for the consumption of food or beverage on or off premise, now dont we look at carry-out differently for parking? SMITH: We do, and restaurant is designed as something that has tables and service and that type of thing, and some do have carry-out as well as the seating, so I think that terminology has been in the code from day one. Carry-out with no tables is considered as retail, and it would be one per 225 and there is no higher demand. MILLER: It just seems like, it says here, food or beverage on or off SMITH: Thats right. MILLER: So is there a way to define it just a little clearer so that if it is strictly carry-out its classified as a retail, or does it already do that? SMITH: I dont, I dont want to say thats the way its always been, and it has. What you run into, and we do have definition of carry-out, we do have definition of fast food, and we do have definition of convenience food store MILLER: Okay. SMITH: most of those definitions say where there is no seating, they arent declared a restaurant per se. When you have a mixed use, and Im going to use the term fast food for example, they have the drive-up, which is off-premise consumption normally, and some restaurants do have carry-out service, so its always been left in there, but to be a restaurant, you have to have some seating or small assembly if you will, with seating or if its a bar it would have bar, stand up MILLER: Is now the time to incorporate that into this? SMITH: I dont know that thats been an issue, because if you have no seating, a couple things happen. With no seating, you dont have to have public toilet facilities. Once you put the seat in, under State Plumbing Code, you have to have public facilities for men and women, because youve now been established as a restaurant, food and beverage establishment. Whether you do both, on and off-premise is not really the issue, its that you do have seating, and that constitutes it being a restaurant, which has different parking formula. Other thing is with trash removal, any time you have small assembly seating, they base it on the seating capacity. So both your toilet facilites and trash are
based on small assembly. Life Safety Code, on ingress and egress, if its food and beverage on premise, then the entrance and exit, and the occupancy load is determined by the Fire Marshal based on its seating capacity and its occupancy, where if you have a carry-out, walk up counter and you just leave, theyre not the same issues, so we dont its a, not that its a fine line, but theyre different in their operational provisions, and if you dont have seating interior, you can still have on and off-premise sales, but were only concerned about the seating part or the onsite, or the onsite MILLER: So TCBY at 33rd Street, if theyd not had seating, they would not have gone for any parking? SMITH: They would not have to, they were retail. MILLER: So they went to BZA, which is probably the right way to go at that point anyhow to see if does affect the property or not. SMITH: And thats right, when you look at a special exception for a parking waiver, the criteria is theres something about that use at that location that would not necessitate additional parking, so when you have an ice cream parlor, and you want a few simple seats for convenience, the Board can see that thats not going to be a heavier parking generation. Its not a full restaurant as you would think otherwise, so they do give waiver many times, for those type, because this is like one size fits all MILLER: Right. SMITH: but soon as the seats go in, these other things become necessary the toilets, the trash, and the parking. Based on seating. MILLER: So the provision of going to BZA for like, a TCBY, would still exist, but thats okay because (unclear) SMITH: You would still have that ability with this. MILLER: Okay, thats good. SMITH: Yep, if you have an increased demand based on that square footage. SHANAHAN: I have another question for you too, another example I wanted to, I was thinking about, the Pinos Pizza, right there in that Plaza right there SMITH: 56th Street. SHANAHAN: Hes got his bar in one little zone there, but hes also got his carry-out pizza thing right next to it, and all his kitchen equipment is right behind that. Now would that carry-out pizza section be considered under the 225 parking regulation? Okay. SMITH: Well, if it was less than 25% of the total. Thats interesting, because that was designed right at the 25% of that center.
SHANAHAN: Well, I was thinking, if his, if he was saying his carry-out and all his kitchen equipment back there was for his carry-out and not for the, even though it serves the restaurant part, would that whole section SMITH: No, we did the gross on that as a restaurant. SHANAHAN: Okay. SMITH: Now, what has happened in some case, and I think thats what Mr. Miller pointed out, if another unit in that same center came and says we too want to have the seating for our ice cream, they would be forced, if hes already exhausted the 25%, which he did, anybody who come in after him that put in seating would have to go get the waiver. MILLER: And TCBY got a waiver for 56th Street to put in what they have, because youve got Dunkin Donuts there already. SMITH: Yeah. MILLER: And I mean, so, it works there. SMITH: And, and thats probably a good example that would fit this because where he got in under the 25%, had they wanted those other establishments up front, then they all couldve shared the load with the additional parking, where now theyve got to go get waivers, or provide parking or whatever, so its only the increased amount that we have to be concerned about once you MILLER: Over 25% SMITH: Right. MILLER: Okay. SMITH: Well, I would say, going back to our meeting, and whenever this was, January as well, there were some, and I dont want to use the word ambiguity, but there was some difference in interpretation that was it was actually a thought that this was the way it was in the first place BUCKLEY: Right, thats why were here. SMITH: so the new language is, the new language was for clarification. BUCKLEY: Right, right, exactly, exactly. SMITH: Yeah. BUCKLEY: Okay, are there any more questions for Mr. Smith? Are there any questions from the audience? STALEY: From the crowd? Our reporters?
BUCKLEY: From our reporters? Alright, no other questions. Any other rebuttal, any other comments, anybody have anything to say before I call for a TAYLOR: I move we close the hearing. BUCKLEY: Alright. STALEY: Second. MILLER: Second. BUCKLEY: And I have a second by John. All in favor, youve got enough information, were closing the hearing? COMMISSIONERS IN UNISON: Aye, aye, aye. BUCKLEY: (gavel) So moved, alright. TAYLOR: I move that we, well, we have to forward to the Mayor and City Council this change, this amendment, for Article V, Code Section 110-932(22). BUCKLEY: Yes, maam. SHANAHAN: Ill second. BUCKLEY: Moving this forward as its written to the Mayor and Council, we have a motion by Lauren, a second by Chris. All in favor? COMMISSIONERS IN UNISON: Aye. BUCKLEY: (gavel) So moved. Respectfully submitted, Karen G. (Kay) Stroud Zoning Analyst September 10, 2013
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 9 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading Ordinance 2013-12 to Adopt FY13 Budget Amendment #2
TOWN OF

Agenda Item # Council Meeting 9A 10/7/13
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Jennie Knapp FY 13 Budget Amendment #2, Second Reading 10/1/13
ISSUE(S): SUMMARY:
Second Reading of ordinance for Budget Amendment #2 The budget amendment recognizes additional revenue from Income Tax, Admissions Tax, Room Tax and Cable TV Franchise to reduce the amount needed from fund balance for the fiscal year. In addition, the amendment adjusts other revenue and expense line items for fiscal year FY 13. The amount taken from prior year reserves (fund balance) decreases $827,570 from $3,809,250 approved in Budget Amendment # 1 for FY 13. The total amount to be taken from prior year reserves in the budget ordinance is $2,981,680 for FY 13. Pass ordinance to approve FY 13 Budget Amendment #2. None Jennie Knapp, Budget Manager Not applicable Budget amendment ordinance
FISCAL IMPACT:
RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
ORDINANCE 2013TOWN OF OCEAN CITY OPERATING BUDGET FISCAL YEAR 2013
SOURCE Section I, General Fund: A. Anticipated Revenue: Property Taxes Other Taxes Licenses and Permits Revenue From Other Agencies Charges For Services Fines and Forfeitures Other Revenue Prior Year Reserves Total Revenue B. Anticipated Expenditures: General Government Public Safety Public Works/Beach Maintenance Sanitation and Waste Removal Highways and Streets Economic Development -Tourism Culture and Recreation Debt Service Sub Total To Transportation Fund To Airport Fund To Convention Center Fund To Vehicle Trust To Capital Projects Total Expenditures
AMENDMENT # 1 SECOND READING
AMENDMENT # 2 FIRST READING
41,442,940 $ 14,588,755 3,921,363 4,440,489 8,731,492 675,000 826,106 3,809,250 78,435,395 $
41,424,940 $ 15,516,325 4,042,777 5,525,478 8,718,750 762,165 886,152 2,981,680 79,858,267 $
41,424,940 15,516,325 4,042,777 5,525,478 8,718,750 762,165 886,152 2,981,680 79,858,267
3,666,245 $ 33,662,945 5,212,513 5,568,131 4,919,317 7,227,878 7,601,107 4,551,710 72,409,846 $ 1,927,997 125,977 1,483,575 488,000 2,000,000 78,435,395 $
3,927,903 $ 33,729,579 5,203,405 5,392,481 5,782,807 8,002,251 7,392,286 4,551,710 73,982,422 $ 1,927,997 125,977 1,333,871 488,000 2,000,000 79,858,267 $
3,927,903 33,729,579 5,203,405 5,392,481 5,782,807 8,002,251 7,392,286 4,551,710 73,982,422 1,927,997 125,977 1,333,871 488,000 2,000,000 79,858,267
SOURCE Section II, Water Fund: A. Anticipated Revenue: Water Sales Water Fixture Charge Service Charges Capacity/Impact Fees Revenue From Other Agencies Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ $
3,349,934 $ 3,486,777 186,794 55,440 0 161,966 7,240,911 $
3,349,934 $ 3,486,777 186,794 55,440 12,153 161,966 7,253,064 $
3,349,934 3,486,777 186,794 55,440 12,153 161,966 7,253,064
1,926,770 $ 3,180,256 1,068,885 1,065,000 7,240,911 $
1,895,260 $ 3,223,919 1,068,885 1,065,000 7,253,064 $
1,895,260 3,223,919 1,068,885 1,065,000 7,253,064
Section III, Transportation Fund: A. Anticipated Revenue: Bus Revenue Train Revenue Federal and State Grants Capital Asset Sales Transfer-In From General Fund Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Capital Outlay Total Expenditures $ 3,653,751 $ 3,691,966 1,737,159 9,082,876 $ 3,576,050 $ 3,713,862 1,737,159 9,027,071 $ 3,576,050 3,713,862 1,737,159 9,027,071 $ 2,945,077 $ 1,073,051 3,069,840 12,930 1,927,997 53,981 9,082,876 $ 2,835,903 $ 1,102,326 3,093,934 12,930 1,927,997 53,981 9,027,071 $ 2,835,903 1,102,326 3,093,934 12,930 1,927,997 53,981 9,027,071
SOURCE Section IV, Wastewater Fund: A. Anticipated Revenue: Wastewater Treatment Charges Service Charges Build America Bond Subsidy Revenue From Other Agencies Capacity/Impact Fees Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ $
11,041,867 $ 958,578 133,381 0 96,800 151,604 12,382,230 $
11,066,867 $ 994,522 133,381 24,107 96,800 322,066 12,637,743 $
11,066,867 994,522 133,381 24,107 96,800 322,066 12,637,743
4,199,765 $ 3,527,048 3,555,417 1,100,000 12,382,230 $
4,216,636 $ 3,739,481 3,555,417 1,126,209 12,637,743 $
4,216,636 3,739,481 3,555,417 1,126,209 12,637,743
Section V, Airport Fund: A. Anticipated Revenue: Fuel Sales Rents and Other Revenue State and Federal Grants Service Charges Transfer-In From General Fund Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ 311,695 $ 1,132,160 146,082 450,000 2,039,937 $ 311,695 $ 1,135,253 146,082 450,000 2,043,030 $ 311,695 1,135,253 146,082 450,000 2,043,030 $ 729,600 $ 351,530 427,500 108,000 125,977 297,330 2,039,937 $ 729,600 $ 354,623 427,500 108,000 125,977 297,330 2,043,030 $ 729,600 354,623 427,500 108,000 125,977 297,330 2,043,030
SOURCE Section VI, Municipal Golf Course Fund: A. Anticipated Revenue: Service Charges Sales and Concessions Other Revenue Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Transfer to General Fund Capital Outlay Total Expenditures
1,737,052 $ 446,097 56,628 28,370 2,268,147 $
1,737,052 $ 446,097 64,364 28,370 2,275,883 $
1,737,052 446,097 64,364 28,370 2,275,883
1,046,401 $ 1,048,586 150,758 22,402 2,268,147 $
1,051,760 $ 1,050,963 150,758 22,402 2,275,883 $
1,051,760 1,050,963 150,758 22,402 2,275,883
Section VII, Convention Center Fund: A. Anticipated Revenue: Service Charges State and County Grants Food & Beverage Tax Transfer-In From General Fund Prior Year Reserves Insurance Claim Payments Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Transfer to Debt Service Reserves Capital Outlay Total Expenditures
1,813,428 $ 1,549,102 1,110,000 1,483,575 1,150,534 0 7,106,639 $
1,743,726 $ 1,485,934 1,110,000 1,333,871 1,150,534 58,482 6,882,547 $
1,743,726 1,485,934 1,110,000 1,333,871 1,150,534 58,482 6,882,547
2,967,379 $ 1,710,950 2,328,310 100,000 0 7,106,639 $
2,768,441 $ 1,551,999 2,328,310 100,000 133,797 6,882,547 $
2,768,441 1,551,999 2,328,310 100,000 133,797 6,882,547
SOURCE Section VIII, Information Technology Fund: A. Anticipated Revenue: Service Charges To Other Funds Insurance Claim Payments Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Capital Outlay Total Expenditures $ $
1,743,443 $ 0 44,841 1,788,284 $
1,743,443 $ 30,898 66,841 1,841,182 $
1,743,443 30,898 66,841 1,841,182
920,978 $ 867,306 0 1,788,284 $
922,272 $ 918,910 0 1,841,182 $
922,272 918,910 0 1,841,182
Section IX, Service Center Fund: A. Anticipated Revenue: Service Charges To Other Funds Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ 1,825,261 $ 3,558,307 0 0 5,383,568 $ 1,831,701 $ 3,452,174 0 0 5,283,875 $ 1,831,701 3,452,174 0 0 5,283,875 $ 5,360,362 $ 23,206 5,383,568 $ 5,260,669 $ 23,206 5,283,875 $ 5,260,669 23,206 5,283,875
SOURCE Section X, Vehicle & Equipment Trust Fund: A. Anticipated Revenue: Service Charges To Other Funds State and Federal Grants Sale of Assets Transfer In From General Fund Prior Year Reserves Total Revenue B. Anticipated Expenditures: Non-Personal Services Debt Service Transfers Out Capital Outlay Total Expenditures $ $
2,344,992 $ 3,602,793 150,000 488,000 140,833 6,726,618 $
2,327,992 $ 3,428,275 150,000 488,000 140,833 6,535,100 $
2,327,992 3,428,275 150,000 488,000 140,833 6,535,100
785,721 $ 0 0 5,940,897 6,726,618 $
847,324 $ 0 0 5,687,776 6,535,100 $
847,324 0 0 5,687,776 6,535,100
Section XI, Risk Management Fund: A. Anticipated Revenue: Service Charges To Other Funds Interest Earned Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services/Claims Capital Outlay Total Expenditures $ 236,940 $ 1,938,749 0 2,175,689 $ 236,940 $ 1,938,749 0 2,175,689 $ 236,940 1,938,749 0 2,175,689 $ 2,109,754 $ 65,081 854 2,175,689 $ 2,109,754 $ 65,081 854 2,175,689 $ 2,109,754 65,081 854 2,175,689
SOURCE Section XII, Pension Trust Funds: A. Anticipated Revenue: Employer Contributions Employee Contributions Investment Earnings Total Revenue B. Anticipated Expenditures: Benefit Payments Non-Personal Services Reserve for Employee's Retirement Total Expenditures Section XIII, OPEB Trust Funds: A. Anticipated Revenue: Employer Contributions Employee Contributions Investment Earnings Total Revenue B. Anticipated Expenditures: Benefit Payments Non-Personal Services Reserve for Retiree Health Total Expenditures
6,128,044 $ 1,715,000 3,925,000 11,768,044 $
6,128,044 $ 1,715,000 3,925,000 11,768,044 $
6,128,044 1,715,000 3,925,000 11,768,044
4,225,000 $ 600,000 6,943,044 11,768,044 $
4,225,000 $ 600,000 6,943,044 11,768,044 $
4,225,000 600,000 6,943,044 11,768,044
3,858,750 $ 155,000 235,000 4,248,750 $
3,858,750 $ 155,000 235,000 4,248,750 $
3,858,750 155,000 235,000 4,248,750
850,000 $ 55,000 3,343,750 4,248,750 $
850,000 $ 55,000 3,343,750 4,248,750 $
850,000 55,000 3,343,750 4,248,750
SOURCE Section XIV, General Capital Projects Fund: A. Anticipated Revenue: General Fund Contribution Bond Proceeds Inlet Lot Parking Revenue Total Revenue B. Anticipated Expenditures: Street Paving Reserve for Future Capital Projects Total Expenditures $ $
2,000,000 0 290,000 2,290,000 $
2,000,000 0 290,000 2,290,000 $
2,000,000 0 290,000 2,290,000
2,000,000 290,000 2,290,000 $
2,000,000 290,000 2,290,000 $
2,000,000 290,000 2,290,000
Section XIV, All Funds Expenditure Summary: General Fund Water Fund Transportation Fund Wastewater Fund Airport Fund Municipal Golf Course Fund Convention Center Fund Management Information Services Fund Service Center Fund Vehicle & Equipment Trust Fund Risk Management Fund Pension Trust Funds OPEB Trust Fund Sub Total LESS: Interfund Transfers Total Expenditures Capital Projects Fund - General Grand Total $ $ $ 78,435,395 $ 7,240,911 9,082,876 12,382,230 2,039,937 2,268,147 7,106,639 1,788,284 5,383,568 6,726,618 2,175,689 11,768,044 4,248,750 150,647,088 $ (27,570,894) 123,076,194 $ 2,290,000 125,366,194 $ 79,858,267 $ 7,253,064 9,027,071 12,637,743 2,043,030 2,275,883 6,882,547 1,841,182 5,283,875 6,535,100 2,175,689 11,768,044 4,248,750 151,830,245 $ (27,304,497) 124,525,748 $ 2,290,000 126,815,748 $ 79,858,267 7,253,064 9,027,071 12,637,743 2,043,030 2,275,883 6,882,547 1,841,182 5,283,875 6,535,100 2,175,689 11,768,044 4,248,750 151,830,245 (27,304,497) 124,525,748 2,290,000 126,815,748
Section XV, Special Authorization - Budget Manager: The Budget Manager shall be authorized to reallocate departmental appropriations among the various objects of expenditures as she deems necessary. Such changes shall be approved by the Finance Administrator & City Manager. Section XVI, Restrictions - City Manager: A. The utilization of any contingency appropriation shall be accomplished only with prior authorization from the Mayor and Council. B. Utilization of appropriations established in the Capital Improvement Fund may be accomplished only with the express approval of the Mayor and Council. Section XVII, Tax Rate: An Ad Valorem Tax Rate of $0.4585 per $100 of assessed valuation of real property and a rate of $1.29 per $100 of assessed valuation of corporate and personal property tax is required to fund this budget. INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on September 16, 2013. ADOPTED AND PASSED, by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on October 7, 2013.
DAVID L. RECOR, CITY MANAGER
RICHARD W. MEEHAN, MAYOR
KELLY L. ALLMOND, CITY CLERK
LLOYD MARTIN, PRESIDENT
MARY P. KNIGHT, SECRETARY ADOPTED: Date MOTION TO ADOPT BY: MOTION SECONDED BY: VOTE: FOR: AGAINST:
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 9 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR B. Second Reading Ordinance 2013-13 Bond Ordinance
TOWN OF

Agenda Item# Council Meeting 9B October 7, 2013
TO: THRU: FROM: RE: DATE: ISSUE(S): SUMMARY:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Martha J. Bennett, Finance Administrator Ordinance for Bond - 2nd Reading October 3, 2013 This is the second reading for the sale of bonds to finance the Convention Center auditorium and other capital projects. Second reading as amended for 10 year amortization of bonds, noncallable. Estimated 1,510,000 in annual debt service: General Fund $346,000; Wastewater Fund $156,000; Food Tax: $1,008,000. Approve second reading of ordinance and proceed with the bond sale schedule for financing of construction in conjunction with State of Maryland legislation for Convention Center auditorium project. Not applicable Cheryl Guth, McGuire Woods, Bond Counsel Guy Ayres, City Solicitor Martha J. Bennett, CPA Finance Administrator Authorizing ordinance
ALTERNATIVES RESPONSIBLE STAFF:
COORDINATED WITH: ATTACHMENT(S):
FIRST READING: 09/16/2013 SECOND READING: 10/07/2013 MAYOR AND CITY COUNCIL OF OCEAN CITY ORDINANCE NO. 2013-13 AN ORDINANCE to authorize and empower Mayor and City Council of Ocean City to issue and sell, upon its full faith and credit, not to exceed Twelve Million Seven Hundred Thousand Dollars ($12,700,000) maximum aggregate principal amount of its serial maturity, general obligation, fully registered bonds, pursuant to the authority of Sections 31 through 37, inclusive, of Article 23A of the Annotated Code of Maryland (2011 Replacement Volume), as amended (recodified as Sections 19-301 through 19-309, inclusive, of the Local Government Article of the Annotated Code of Maryland (2013 Volume), effective October 1, 2013) and Section C-719 of the Charter of Mayor and City Council of Ocean City, as amended, to be designated as General Obligation Municipal Purpose Bonds of 2013, said bonds to be issued and sold for the public purposes of (i) financing or refinancing, in whole or in part, certain costs of acquisition, construction and/or improvements to the Projects (as defined below) and (ii) paying the costs of issuance of said bonds, which expenses include costs of document production and reproduction, and financial advisory and counsel fees and expenses; providing for the sale of said bonds by private sale or by solicitation of competitive bids; prescribing the form and tenor of said bonds; determining other matters relating to the issuance and sale of said bonds, including the form of a notice of sale to be published in connection with any public sale of said bonds; providing for the disbursement of the proceeds of said bonds; authorizing the preparation and distribution of a preliminary official statement and an official statement in connection with any public sale of said bonds; providing that the proceeds of said bonds, or any moneys which may be deemed to be proceeds, will not be used in a manner which would cause said bonds to be arbitrage bonds; providing for the appointment of a paying agent and bond registrar for said bonds; covenanting to levy and collect all taxes necessary to provide for the payment of the principal of and interest on said bonds; and generally relating to the issuance, sale and delivery of said bonds. RECITALS The authority for the powers herein exercised is contained in Section C-719 of the Charter (the Charter) of Mayor and City Council of Ocean City (the City) and in Sections 31 through 37, inclusive, of Article 23A of the Annotated Code of Maryland (2011 Replacement Volume), as amended (recodified as Sections 19-301 through 19-309, inclusive, of the Local Government Article of the Annotated Code of Maryland (2013 Volume), effective October 1, 2013) (the Enabling Act, and together with the Charter, the Authorizing Legislation).
The Authorizing Legislation authorizes and empowers the City to borrow money for any proper public purpose and to evidence such borrowing by the issuance and sale of its general obligation bonds in accordance with the procedure prescribed by the Authorizing Legislation, subject to the limitation that no bonds shall be issued by the City pursuant to the authority of the Authorizing Legislation if, by the issuance thereof, the total bonded indebtedness of the City represented by its bonds payable from its general tax revenues then would exceed the amount permitted pursuant to the Authorizing Legislation. The City proposes to spend the proceeds of the Bonds (as defined below) (i) to finance or refinance, in whole or in part, certain costs of acquisition, construction and/or improvements to the public projects described on Exhibit A attached hereto and (ii) to pay the costs of issuing the Bonds, which expenses include costs of document production and reproduction, and financial advisory and counsel fees and expenses. The Charter contains no limitations upon the rate at which ad valorem taxes may be levied by the City for the payment of the principal of and interest on said bonded indebtedness. Since the adoption of Article XI-E as an amendment of the Constitution of Maryland, the General Assembly has passed no law proposing a limitation upon the rate at which taxes may be levied by the City, or a limitation upon the amount of bonded indebtedness which may be incurred by the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY, that: Section 1: Acting pursuant to the authority of the Authorizing Legislation, the City
hereby determines that the net proceeds from the sale of its General Obligation Municipal Purpose Bonds of 2013, authorized to be issued and sold by this Ordinance, shall be used and
applied for the public purposes of (a) financing or refinancing, in whole or in part, certain costs of acquisition, construction and/or improvements to the following public projects (which may represent the Citys share or contribution to the financing or refinancing of such projects): (a) the design, construction, furnishing and equipping of an addition to and other repairs and improvements to the Roland E. Powell Convention Center to provide a performing arts auditorium and related facilities (the Convention Center Project), (b) construction of a new Beach Patrol Headquarters Building, (c) roof replacements for the Public Safety Building and Service Center, (d) upgrades to the Effluent Disinfection System (items (b) (d) are collectively referred to herein as the Public Facilities Projects and, together with the Convention Center Project, the Projects), and (e) paying the costs of issuing the Bonds (as defined below), which expenses include costs of document production and reproduction, and financial advisory and counsel fees and expenses, all as stated in the Recitals to this Ordinance. The costs of the Projects may include (without limitation) the costs of the planning, construction, reconstruction, demolition, improvement, refurbishing, renovation, restoration, extension, alteration, installation, repair, acquisition, conversion and modernization of structures; the acquisition of structures and sites for structures; architectural and engineering services, including preparation of plans, drawings and specifications; development and restoration of grounds; and all customary and necessary furnishings and fixed permanent equipment for structures. Section 2: The City is hereby authorized to borrow money and incur indebtedness for
the purposes set forth in the Recitals and Section 1 of this Ordinance. To evidence such borrowing and indebtedness and acting pursuant to the authority of the Authorizing Legislation, the City shall issue and sell, upon its full faith and credit, not to exceed Twelve Million Seven
Hundred Thousand Dollars ($12,700,000) maximum aggregate principal amount of its serial maturity, general obligation, fully registered bonds, said issue of bonds to be known as General Obligation Municipal Purpose Bonds of 2013 (the Bonds), the net proceeds of such sale to be used and applied as provided in this Ordinance. The principal of and interest on that portion of the Bonds that is attributable to the Convention Center Project (the Convention Center Portion) are payable in the first instance from the proceeds of a food and beverage tax to be levied and collected by County Commissioners of Worcester County, Maryland, for such purpose pursuant to Section 13H of Article 25B of the Annotated Code of Maryland (2011 Replacement Volume) (recodified as Section 20-602 of the Local Government Article of the Annotated Code of Maryland (2013 Volume), effective October 1, 2013) (the Food and Beverage Tax). The City shall levy and collect ad valorem taxes upon all taxable property within the City in rate and amount sufficient to pay the principal of and interest on the remaining portion of the Bonds (the Public Facilities Portion). If the proceeds of the Food and Beverage Tax are insufficient to provide for the payment of the principal of and interest on the Convention Center Portion of the Bonds in any fiscal year, then the City shall also levy and collect ad valorem taxes upon all taxable property within the corporate limits of the City in rate and amount sufficient to provide for such deficiency in each such fiscal year. Section 3: The Bonds shall all be dated as of the date of delivery (or such other date
as the Mayor of the City (the Mayor) may determine based upon the advice of the financial advisor to the City (the Financial Advisor)), shall be in the denominations of $5,000 or any integral multiple thereof, shall be numbered from one (1) consecutively upward in the order of their maturities and each such number shall be prefixed by the letter R. The Bond Registrar (as defined herein) may make such additional provision for numbering, including additional
prefixes and suffixes, as it may deem appropriate. Based on a preliminary aggregate principal amount of $12,700,000, the Bonds shall mature on November 1 in each of the years 2014 through 2023, inclusive, as set forth below: (See Exhibit B attached hereto for a breakout of the Bonds into the Convention Center Portion and Public Facilities Portion.) Maturing November 1 2014 2015 2016 2017 2018 Preliminary Principal Amount* $1,110,000 1,130,000 1,160,000 1,200,000 1,235,000 Maturing November 1 2019 2020 2021 2022 2023 Preliminary Principal Amount* $1,275,000 1,320,000 1,365,000 1,425,000 1,480,000
________________________ *Preliminary, subject to change In connection with any sale of the Bonds by solicitation of competitive bids at public sale as described in Section 6, the Mayor or his designee is authorized to establish (i) an aggregate principal amount of the Bonds which is less than the maximum aggregate principal amount authorized in Section 2, and to fix such amount as the Preliminary Amount to be set forth in the Notice of Sale authorized by this Ordinance, (ii) the Revised Amount of the Bonds upon which bids will be received, as described in the Notice of Sale authorized by this Ordinance, such Revised Amount to be the final aggregate principal amount and the final principal amount of each maturity of Bonds to be issued hereunder, (iii) the amount of each principal payment on the Convention Center Portion of the Bonds and the expected revenues from the Food and Beverage Tax available for debt service payments on the Convention Center Portion of the Bonds; and (iv) the dates on which the principal of and interest on each of the Convention Center Portion and the Public Facilities Portion of the Bonds will be paid. The Mayor or his designee is further 5
authorized to establish different maturities and different annual maturing principal amounts from those set forth above to reflect the Preliminary Amount of the Bonds in the Notice of Sale or Revised Amount of the Bonds upon which bids will be received. The Mayor or his designee are authorized to give notice of such changes to bidders by TM3 as provided in the Notice of Sale authorized by this Ordinance. The Mayor or his designee is further authorized to issue the Bonds as one series or as more than one series in order to accomplish the purposes set forth in Section 1 of this Ordinance, and each such series may be issued at such times and in such amounts as are necessary to accomplish the purposes for which each such series is issued, upon the advice of bond counsel to the City (Bond Counsel) and the Financial Advisor. The designation of the Bonds of each series may be modified appropriately to differentiate each series. The provisions and covenants set forth in this Ordinance shall apply with equal force and effect to each series of Bonds. Without limiting the foregoing, each series may have a different dated date and principal and interest payment dates, different interest rates, different redemption provisions and different principal payment schedules (so long as the aggregate principal amount of Bonds issued hereunder does not exceed the maximum authorized amount), and the covenants related to taxexemption of the Bonds (if applicable) and the levy of taxes to pay the Bonds shall apply to each such series. Section 4: Except as provided hereinafter or in an ordinance or resolution of the City
adopted prior to the issuance of the Bonds, the Bonds shall not be subject to redemption prior to their stated maturities.
Notwithstanding the foregoing, the Mayor may, upon the advice of the Citys Financial Advisor, determine to issue the Bonds, or any series thereof, with provisions permitting such Bonds to be subject to redemption prior to their maturities. Section 5: All of the Bonds authorized by this Ordinance shall bear interest at the
interest rate or rates fixed at the time of the awarding of the Bonds in accordance with the Notice of Sale and provisions of this Ordinance as hereinafter provided. Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated, unless authenticated upon an interest payment date, in which event it shall bear interest from such interest payment date, or unless authenticated prior to the first interest payment date, in which event it shall bear interest from the date of the Bonds; provided, however, that if at the time of authentication of any Bond interest is in default, such Bond shall bear interest from the date to which interest has been paid. Except as provided hereinafter or in an ordinance or resolution of the City adopted prior to the issuance of the Bonds, the interest on all Bonds shall be paid on May 1, 2014, November 1, 2014, and semi-annually thereafter on the first day of May and November of each year in which any Bonds may be outstanding. The Bonds shall be executed in the name of the City and on its behalf by the Mayor. Such signature of the Mayor shall be manual or shall be imprinted on such Bonds by facsimile; an imprint of the corporate seal of the City (or a facsimile thereof) shall also be affixed thereon, attested by the manual or facsimile signature of the City Clerk of the City (the City Clerk); all in accordance with and pursuant to the authority of the Maryland Uniform Facsimile Signature of Public Officials Act. In the event any official whose signature shall appear on the Bonds shall cease to be such official prior to the delivery of the Bonds, or in the event any such official
whose signature shall appear on the Bonds shall have become such after the date of issue thereof, the Bonds shall nevertheless be valid and legally binding obligations of the City in accordance with their terms. The Bonds shall be issued as fully registered bonds without coupons and shall be registered in the name or names of the owner or owners thereof, on books kept for such purpose at the principal office of the Bond Registrar. Except as provided hereinafter or in an ordinance or resolution of the City adopted prior to the issuance and delivery of the Bonds, the Bonds initially will be issued in book-entry form without any physical distribution of Bond certificates made to the owners. DTC will act as securities depository for the Bonds and the Bonds will be registered in the name of DTCs partnership nominee, Cede & Co. The City reserves the right to terminate maintenance of the Bonds in a book-entry only system and to issue fully certificated bonds. The Mayor or his designee is hereby authorized to appoint a financial institution to act as bond registrar and as paying agent (the Bond Registrar and Paying Agent) for the Bonds, unless the Mayor determines after consulting with the Financial Advisor to the City that the City shall act as the Bond Registrar or the Paying Agent or both. Payment of the principal of and interest on the Bonds shall be made to the person appearing on the registration books maintained by the Bond Registrar as the registered owner thereof, such principal to be payable at the principal office of the Paying Agent upon presentation and surrender of such Bonds as the same become due and payable, and such interest to be payable by electronic funds transfer or check mailed by the Paying Agent to the persons in whose names the Bonds are registered on the fifteenth day of the month immediately preceding the month in which each regular interest payment date occurs (the Regular Record Date) at the registered owners address as shown on the registration books maintained by the Bond Registrar; provided, however, that so long as the
Bonds are registered in book-entry form, the principal of, redemption premium, if any, and interest on the Bonds shall be payable in accordance with DTCs payment procedures or the procedures of any successor depository for the Bonds. The Bond Registrar and the Paying Agent shall be designated by the Mayor or by resolution of the City Council to be passed at a regular or special meeting. The identity of the Bond Registrar and Paying Agent, the place of payment of the Bonds at maturity or redemption and the place of transfer or exchange of the Bonds may be changed by the City upon 30 days written notice to the registered owners of the Bonds at their addresses specified in the bond registration books maintained by the Bond Registrar. Any interest on any Bond which is payable but is not punctually paid or provision for the payment of which has not been made (Defaulted Interest) shall forthwith cease to be payable to the registered owner on the relevant Regular Record Date solely by virtue of such registered owner having been such registered owner; and such Defaulted Interest may be paid by the City, at its election in each case, as provided in paragraph (1) or paragraph (2) below: (1) The City may elect to make payment of any Defaulted Interest on the Bonds to
the persons in whose names such Bond is registered at the close of business on a record date for the payment of such Defaulted Interest (the Special Record Date), which shall be fixed in the following manner. The City shall notify the Paying Agent in writing of the amount of Defaulted Interest proposed to be paid on the Bonds and the date of the proposed payment (which date shall be such as will enable the Paying Agent to comply with the next sentence hereof), and at the same time the City shall deposit or cause to be deposited with the Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Paying Agent for such deposit prior to the date of the
proposed payment, such money when deposited to be held in trust for the benefit of the persons entitled to such Defaulted Interest as provided in this paragraph. Thereupon the Paying Agent shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more than fifteen (15) nor less than ten (10) days prior to the date after the receipt by the Paying Agent of the notice of the proposed payment. The Paying Agent shall promptly notify the City of such Special Record Date and, in the name of the City, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first-class postage prepaid, to each registered owner at his address as it appears in the registration books maintained by the Bond Registrar not less than ten (10) days prior to such Special Record Date. The Paying Agent may in its discretion, in the name of the City, cause a similar notice to be published at least once in a newspaper of general circulation in each of Ocean City, Maryland and New York, New York but such publication shall not be a condition precedent to the establishment of such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor having been mailed as aforesaid, such Defaulted Interest shall be paid to the registered owners of the Bonds as of the close of business on such Special Record Date. (2) The City may make payment of any Defaulted Interest in any other lawful manner
not inconsistent with the requirements of any securities exchange on which the Bonds may be listed, and upon such notice as may be required by such exchange, if, after notice given by the City to the Paying Agent of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable, and approved in writing, by the Paying Agent. Except as provided hereinafter or in resolutions or ordinances of the City adopted prior to the issuance and delivery of the Bonds, the Bonds shall be substantially in the following form.
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Appropriate variations and insertions may be made to provide dates, numbers and amounts, and modifications not altering its substance may be made by the Mayor to carry into effect the purposes of this Ordinance or to comply with the recommendations of legal counsel or the Financial Advisor. Such form and all of the covenants therein contained are hereby adopted by the City as and for the form of obligation to be incurred by the City, and such covenants are hereby made binding upon the City, including the promise to pay therein contained:
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No. R.-[Form of Bond] UNITED STATES OF AMERICA STATE OF MARYLAND MAYOR AND CITY COUNCIL OF OCEAN CITY GENERAL OBLIGATION MUNICIPAL PURPOSE BOND OF 2013 Interest Rate Per Annum _____% REGISTERED OWNER: PRINCIPAL AMOUNT Maturity Date November 1, _____ Date of Original Issue December __, 2013
$_______
CUSIP
DOLLARS
Mayor and City Council of Ocean City (the City), a municipal corporation created and existing under the laws of the State of Maryland, hereby acknowledges itself indebted, and, for value received, promises to pay to the Registered Owner shown above or registered assigns or legal representatives on the Maturity Date shown above, the Principal Amount shown above, in any coin or currency which, at the time of payment, is legal tender for the payment of public and private debts, upon presentation and surrender of this bond on the date such principal is payable, or if such date is not a Business Day (hereinafter defined) then on the next succeeding Business Day, at the principal office of the Paying Agent (hereinafter defined), and to pay interest on said principal amount at the Interest Rate shown above until payment of such principal amount, such interest being payable on May 1, 2014, November 1, 2014, and semi-annually thereafter on the first days of May and November in each year, in like coin or currency, to the registered owner in whose name this bond is registered on the registration books maintained by the Bond Registrar (hereinafter defined) (the Bond Register) as of the close of business on the fifteenth (15th) day of the month immediately preceding each regular interest payment date (the Regular Record Date), and shall be made by electronic funds transfer or check mailed by the Paying Agent to such person at such persons address as it appears on the Bond Register; provided, however, that so long as the bonds are registered in book-entry form, the principal of and interest on the bonds shall be payable in accordance with DTCs (as defined below) payment procedures or the procedures of any successor depository for the bonds. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the registered owner on the Regular Record Date, and may be paid to the person in whose name this bond is registered at the close of business on a date fixed by the Paying Agent for such defaulted interest payment (the Special Record Date), notice of which is given to the registered owner hereof not less than ten (10) days prior to such Special Record Date, or may be paid at any time in any other lawful manner not 12
inconsistent with the requirement of any securities exchange on which the bonds of this series may be listed and upon such notice as may be required by such exchange. Business Day means a day other than a Saturday, Sunday or day on which banking institutions under the laws of the State governing the Paying Agent are authorized or obligated by law or required by executive order to remain closed. This bond is one of a duly authorized issue of general obligation bonds of the City aggregating ____________________________ Dollars ($_____________) in principal amount, which are in denominations of $5,000 or any integral multiple thereof and mature serially in installments on the first day of November in each of the years 20[14] to 20[23], inclusive, as follows: Maturing November 1 Principal Amount Maturing November 1 Principal Amount
The bonds are numbered from one consecutively upwards prefixed by the letter R and are of like tenor and effect except as to maturity, number, interest rate, denomination [and redemption provisions], and are issued pursuant to and in full conformity with the provisions of Sections 19-301 through 19-309, inclusive, of the Local Government Article of the Annotated Code of Maryland (2013 Volume) and Section C-719 of the Charter of the City, and by virtue of due proceedings had and taken by the Mayor and City Council of Ocean City particularly an Ordinance adopted on ___________________, 2013 (approved ___________________, 2013) (the Ordinance). [The City has appointed _____________________ to act as bond registrar and as paying agent (the Bond Registrar and Paying Agent) with respect to the bonds.] [The Finance Administrator of the City will act as bond registrar and as paying agent (the Bond Registrar and Paying Agent) with respect to the bonds.] The identity of the Bond Registrar and Paying Agent, the place of payment of the bonds at maturity and the place of transfer or exchange of the bonds may be changed by the City upon 30 days written notice to the bondholders at their addresses specified in the Bond Register. This bond is transferable only upon the Bond Register, by the registered owner hereof in person, or by its attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer in the form attached hereto and satisfactory to the Bond Registrar duly executed by the registered owner or its duly authorized attorney, and thereupon, within a reasonable time, the City shall issue in the name of the transferee a new registered bond or bonds of any authorized denominations in aggregate principal amount equal to the principal amount of this bond or the unredeemed portion hereof, and maturing on the same date and bearing interest at the same rate. Said new bond or bonds shall be delivered to the transferee only after payment of any tax or governmental charge required to be paid with respect to, and any shipping expenses or insurance relating to, such transfer and only after due authentication thereof by an authorized officer of the Bond Registrar. The City may deem and treat the person in whose name this bond 13
is registered as the absolute owner hereof for the purpose of receiving payment of or on account of the principal hereof and interest due hereon and for all other purposes. The principal of and interest on that portion of the bonds that is attributable to the design, construction, furnishing and equipping of an expansion and other repairs and improvements to the Convention Center (the Convention Center Portion) are payable in the first instance from the proceeds of a food and beverage tax to be levied and collected by County Commissioners of Worcester County, Maryland, for such purpose pursuant to Section 20-602 of the Local Government Article of the Annotated Code of Maryland (2013 Volume) (the Food and Beverage Tax). The City shall levy and collect ad valorem taxes upon all taxable property within the City in rate and amount sufficient to pay the principal of and interest on the remaining portion of the bonds (the Public Facilities Portion). If the proceeds of the Food and Beverage Tax are insufficient to provide for the payment of the principal of and interest on the Convention Center Portion of the bonds in any fiscal year, then the City shall also levy and collect ad valorem taxes upon all taxable property within the corporate limits of the City in rate and amount sufficient to provide for such deficiency in such fiscal year. The full faith and credit and unlimited taxing power of the City are hereby irrevocably pledged to the prompt payment of the principal of and interest on this bond according to its terms, and the City does hereby covenant and agree to pay the principal of this bond and the interest thereon, at the dates and in the manner mentioned herein, according to the true intent and meaning thereof. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of Maryland, the Charter of the City and the Ordinance to exist, to have happened or to have been performed precedent to or in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by said Constitution or statutes or Charter, and that due provision has been made for the levy and collection of an ad valorem tax or taxes, to the extent necessary, upon all legally assessable property within the corporate limits of the City in rate and amount sufficient to provide for the payment, when due, of the principal of and interest on this bond. This bond shall not be valid or become obligatory for any purpose until this bond shall have been authenticated by an authorized officer of the Bond Registrar.
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IN WITNESS WHEREOF, this bond has been executed by the manual or facsimile signature of the Mayor of the City, which signature, if by facsimile, has been imprinted hereon, the corporate seal of the City (or a facsimile thereof) has been imprinted hereon, attested by the manual or facsimile signature of the City Clerk of the City all as of the Date of Original Issue set forth above. [SEAL] MAYOR AND CITY COUNCIL OF OCEAN CITY By: (manual or facsimile signature) Mayor
ATTEST: (manual or facsimile signature) City Clerk
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CERTIFICATE OF AUTHENTICATION The undersigned hereby certifies that this bond is one of the registered bonds of Mayor and City Council of Ocean City described in the within mentioned Ordinance. [BOND REGISTRAR] [Authorized Officer of Bond Registrar]
Date of Authentication: _____________________
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(Form of Assignment) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto _________________ the within bond and all rights thereunder, and does hereby constitute and appoint _______________________ to transfer the within bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: __________________________ Notice: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. Signature Guarantee:
___________________________________ (Please insert social security or other identifying number of assignee)
Note: Signature(s) must be guaranteed by an eligible guarantor institution meeting the requirements of the Bond Registrar, which requirements include membership or participation in STAMP or such other signature guaranty program as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.
______________________________________________________________________________ The following abbreviations, when used in this bond, shall be construed as though they were written out in full according to applicable laws or regulations: UNIF TRANS MIN ACT TEN COM as tenants in common as tenants by the entireties TEN ENT JT Ten as join tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list.
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Section 6:
Except as provided hereinafter or in an ordinance or resolution of the City
adopted prior to the issuance of the Bonds, the Mayor may offer the Bonds for sale by either of the following methods, as determined by the Mayor, after consultation with the Financial Advisor, to be in the best interests of the City under then-current market conditions: 1. The Bonds authorized by this Ordinance may be sold at private negotiated sale without advertisement or publication of notice of sale or solicitation of competitive bids. If the Bonds are sold in such a manner, the Mayor, after considering any recommendations of the Financial Advisor, is authorized to engage an underwriter or placement agent for the sale and any offering of the Bonds and may authorize the Finance Administrator of the City (the Finance Administrator) to: (i) prepare a request for proposals or similar documents with the assistance of the Financial Advisor, (ii) solicit proposals from banks or investment banking firms recommended by the Financial Advisor for the purchase of such Bonds, (iii) make all necessary arrangements for the tabulation and comparison of the proposals received, including the employment of specially qualified personnel, if necessary, to determine the proposal which has the most advantageous terms for the City, and (iv) negotiate the terms of the sale of the Bonds with one or more banks or investment banking firms submitting proposals. The Mayor, after considering any recommendations of the Financial Advisor, may also approve the form of, and authorize the Finance Administrator to execute and deliver on behalf of the City, an underwriting or purchase agreement or agreements for the Bonds (or any portion thereof), to the extent required with respect to the Bonds. The award of the Bonds sold in such manner shall be made
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by resolution of the City Council at a meeting of the City Council held in accordance with the Charter, which resolution may include, without limitation, the identity of the selected purchaser of each Bond, the interest rate or rates to be borne by each Bond as specified by such successful purchaser, and the dates and amounts of installment payments of principal and interest on the Bonds (which amounts may be revised from those set forth in Section 3, so long as the maximum aggregate principal amount of the Bonds does not exceed the amount authorized in Section 2). Each such Bond shall be prepared in definitive form, executed, and delivered to the applicable purchaser as soon as may be practicable after the award of such Bond, upon receipt of the purchase price. The Mayor is expressly authorized and empowered to take any and all action necessary to complete and close the award, sale and delivery of each Bond to the applicable purchaser, including the delivery of such other offering documents, bond purchase documents and other documents as may be reasonably required in connection with such issuance of Bonds. 2. The Bonds authorized by this Ordinance may also be sold by solicitation of competitive bids at public sale in accordance with the provisions of the Notice of Sale (hereinafter described) on November 21, 2013 or on such other date as may be selected by the Mayor, for cash at no less than par, to the bidder therefor whose bid is deemed to be for the best interests of the City. Sealed bids shall be received until 11:00 a.m. local Ocean City, Maryland, time on said date of sale (or such other time determined by the Mayor). Immediately after such sale, the interest rate or rates specified by the successful bidder shall be fixed by an award which
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shall be made by executive order of the Mayor to the winning bidder in accordance with the terms of the Notice of Sale. The Mayor is also granted the authority to reject all bids and establish an alternative sale date in accordance with the terms of the Notice of Sale, should the Mayor determine, based upon the advice of the Financial Advisor, that such action is in the best interests of the City. After such award is made, the Bonds shall thereafter be suitably prepared and delivered to the successful bidder upon payment of the balance of the purchase price thereof. Except as provided hereinafter or in an ordinance or resolution of the City adopted prior to the issuance of the Bonds, the Notice of Sale shall be in substantially the form set forth as Exhibit C hereto, with the insertions therein indicated. The terms and conditions stated in such Notice of Sale are hereby adopted and approved as the terms and conditions under which and the manner in which such Bonds shall be sold, issued and delivered at public sale, subject to such insertions, alterations, additions or deletions as the Mayor may deem advisable due to financial or market conditions prevailing at the time, based upon the advice of the Financial Advisor. The complete text of the Notice of Sale shall be included in any preliminary official statement and official statement prepared for the Bonds. The City Clerk is authorized and directed to publish the Notice of Sale or a summary thereof at least twice in a daily or weekly newspaper having general circulation in Ocean City. Such publication shall be made at least ten (10) days prior to the date of sale. The City Clerk may, but is not obligated to, give such other notice of the sale of such Bonds, within or without this State, by publication or otherwise, as the Mayor or the City Clerk
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may deem appropriate; such other notice may include, without limitation, publication of the Notice of Sale or a summary thereof in The Bond Buyer, a financial journal published in the City of New York, New York. The Finance Administrator is hereby authorized and directed to make all necessary arrangements for the tabulation and comparison of the proposals or bids, as applicable, received from any private or public sale specified in this Section, including the employment of specially qualified personnel, if necessary, so that she will be able promptly to advise the Mayor as to the proposal or bid, as applicable, which provides the most advantageous terms to the City. The Mayor and the Finance Administrator are expressly authorized to, as applicable: (i) prepare and distribute a preliminary official statement and an official statement in connection with the sale of the Bonds, (ii) approve the form of, and execute and deliver and on behalf of the City a continuing disclosure agreement to assist bidders or bond purchasers, as appropriate, in complying with Securities and Exchange Commission Rule 15c2-12(b)(5), (iii) enter any agreement necessary to maintain the Bonds under a book-entry system, and (iv) approve the form of, and execute and deliver any other certificate, document or agreement that the Mayor or the Finance Administrator deem necessary or desirable in connection with the issuance of the Bonds. Without limiting the generality of the foregoing, the Mayor or the Finance Administrator is authorized to obtain a policy of municipal bond insurance with respect to the Bonds and, if a commitment for the issuance of such policy of insurance is acquired, an appropriate reference to such commitment may be inserted in any Notice of Sale and in the form of Bond set forth in Section 5 hereof.
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Section 7:
The proceeds of the sale of the Bonds, including any premium and accrued
interest, if any, which may be received therefor, shall be paid directly to the Finance Administrator. At the option of the City, there shall be deducted from the gross proceeds received from the sale of the Bonds any amount paid as premium on the Bonds and any amount paid on account of accrued interest on the Bonds, which amounts, if applicable, shall be set apart in a separate fund and applied, respectively, on account of the first principal maturity and the first maturing interest payable on the Bonds. The Finance Administrator shall pay from the gross proceeds received from the sale of the Bonds all costs of issuing the same, including costs of document production and reproduction, and financial advisory and counsel fees and expenses. The Finance Administrator shall use the balance of the proceeds from the sale of the Bonds, and any investment earnings thereon, for the public purposes described in Section 1 hereof. In the event that the amount of funds allocated to a Project exceeds the amount needed for such Project, the excess may be allocated to other Projects or may be allocated to additional public projects which are authorized by the Mayor and City Council. Prior to expenditure of such proceeds, the same or any part thereof shall be invested by the Finance Administrator, with the approval of the Mayor, in any authorized investment of the City. Prior to the sale of the Bonds, the Mayor may determine not to issue Bonds for one or more of the purposes authorized by this Ordinance. In addition, if the funds derived from the sale of the Bonds shall exceed the amount needed to finance the Projects described in this Ordinance, the funds so borrowed and not expended as provided by this Ordinance shall be set apart in a separate fund by the Finance Administrator and applied in payment of the next principal maturity of the Bonds, unless the City Council of the City shall adopt an ordinance allocating such funds to some other public capital improvement project or projects of the City.
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Section 8:
The principal of and interest on the Convention Center Portion of the
Bonds are payable in the first instance from the proceeds of the Food and Beverage Tax. In order to provide for the payment of the principal of and interest on the Public Facilities Portion of the Bonds when due, there shall be appropriated in the next ensuing fiscal year of the City and in each fiscal year thereafter, so long as any of the Public Facilities Portion of the Bonds are outstanding and unpaid, or until a sufficient fund has been accumulated and irrevocably set aside for such purpose, an amount sufficient to meet the debt service on the Public Facilities Portion of the Bonds coming due in such fiscal year and there shall be levied ad valorem taxes upon all property within the corporate limits of the City subject to assessment for full City taxes, in rate and amount sufficient in each such fiscal year, together with other funds which the City has appropriated for such purposes, to fund such appropriations and to provide, to the extent necessary, for the payment when due of the principal of and interest on the Public Facilities Portion of the Bonds maturing in each such fiscal year. If the proceeds of the Food and
Beverage Tax are insufficient to provide for the payment of the principal of and interest on the Convention Center Portion of the Bonds in any fiscal year, then the City shall also levy and collect ad valorem taxes upon all taxable property within the corporate limits of the City in rate and amount sufficient to provide for such deficiency in each such fiscal year. In the event the proceeds from the taxes so levied in each such fiscal year shall prove inadequate for the above purposes, additional taxes shall be levied in the subsequent fiscal year to make up any deficiency. Thereafter, prior to each principal and semi-annual interest payment date, the City shall deposit with the Paying Agent, from the tax and other funds described above and from any other funds then legally available for such purposes, the amounts needed to pay the principal of and
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interest on the Bonds corning due on each such payment date. All moneys so deposited with the Paying Agent shall be deemed and treated by the Paying Agent as trust funds for the use and benefit of the holders from time to time of the Bonds. If any such trust funds are held by the Paying Agent for the payment of particular Bonds for a period of two (2) years from the date such payment is due, and the holders of said Bonds have failed to present the same for payment within such period, such trust funds shall be returned by the Paying Agent to the City and, thereafter, the holders of such Bonds shall have claims only against the City for payment of the obligations held by them and the Paying Agent shall be relieved of the trust hereby imposed. To assure the performance by the City of the provisions of this Section, the full faith and credit and unlimited taxing power of the City are hereby irrevocably pledged to the payment to maturity of the principal of and interest on the Bonds as and when the same respectively mature and become payable and to the levy and collection of the taxes hereinabove described as and when such taxes may become necessary in order to provide sufficient funds to meet the debt service requirements of the Bonds to be issued; this pledge is made hereby for the benefit of the holders, from time to time, of the Bonds. The City hereby solemnly covenants and agrees with each holder of any of the Bonds to levy and collect the taxes hereinabove described and to take any other action that may be appropriate from time to time during the period that any of such Bonds remain outstanding and unpaid to provide the funds necessary to make principal and interest payments thereon when due. Section 9: CUSIP numbers may be printed on the Bonds; provided, however, that the
printing of CUSIP numbers on the Bonds (even if incorrect) shall have no legal effect and shall not in any way affect the enforceability or validity of any Bond. Any expenses in relation to the printing of CUSIP numbers on the Bonds, including any CUSIP Service Bureau charge for the
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assignment of such numbers, in the discretion of the Finance Administrator, may be paid for by the City from the proceeds of the Bonds. Section 10: In addition to the insertions and variations prescribed by Sections 5 and 6
of this Ordinance, the Mayor is hereby authorized to make such further modifications in the form of the Bonds as will not alter the substance of such form. Section 11: The Mayor and the Finance Administrator shall be the officers of the City
responsible for the issuance of the Bonds within the meaning of the Arbitrage Regulations (defined below). The Mayor and the Finance Administrator shall also be the officers of the City responsible for the execution and delivery (on the date of issuance of the Bonds) of a certificate of the City (the Tax and Section 148 Certificate) which complies with the requirements of Section 148 of the Internal Revenue Code of 1986, as amended (Section 148), and the applicable regulations thereunder (the Arbitrage Regulations), and such officials are hereby authorized and directed to execute the Tax and Section 148 Certificate and to deliver the same to Bond Counsel on the date of the issuance of the Bonds. The City shall set forth in the Tax and Section 148 Certificate its reasonable expectations as to relevant facts, estimates and circumstances relating to the use of the proceeds of the Bonds, or of any monies, securities or other obligations on deposit to the credit of any account of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 or the Arbitrage Regulations (collectively, Bond Proceeds). The City covenants with each of the holders of any of the Bonds that the facts, estimates and circumstances set forth in the Tax and Section 148 Certificate will be based on the Citys reasonable expectations on the date of issuance of the Bonds and will be, to the best of the certifying officials knowledge, true and correct as of that date.
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In the event that Bonds are issued pursuant to this Ordinance with the expectation that interest on such Bonds be excludable from gross income for federal income tax purposes, the City covenants with each of the registered owners of any of the Bonds that it will not make, or (to the extent that it exercises control or direction) permit to be made, any use of the Bond Proceeds which would cause the Bonds to be arbitrage bonds within the meaning of Section 148 and the Arbitrage Regulations. The City further covenants that it will comply with Section 148 and the Arbitrage Regulations which are applicable to the Bonds on the date of issuance of the Bonds and which may subsequently lawfully be made applicable to the Bonds as long as the Bonds remain outstanding and unpaid. The Mayor and the Finance Administrator are hereby authorized and directed to prepare or cause to be prepared and to execute, respectively, any certification, opinion or other document, including, without limitation, the Tax and Section 148 Certificate, which may be required to assure that the Bonds will not be deemed to be arbitrage bonds within the meaning of Section 148 and the Arbitrage Regulations. All officers,
employees and agents of the City are hereby authorized and directed to take such actions, and to provide such certifications of facts and estimates regarding the amount and use of the proceeds of the Bonds as may be necessary or appropriate from time to time to comply with, or to evidence the Citys compliance with, the covenants set forth in this Section. The City further covenants with each of the registered owners of any of the Bonds that it shall make such use of the proceeds of the Bonds, regulate the investment thereof, and take such other and further actions as may be required to maintain the excludability from gross income for federal income tax purposes of interest on the Bonds. In the event that the Bonds are being issued hereunder with the expectation that interest on such Bonds will be exempt from federal income taxation, the Mayor may make such
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covenants and agreements in connection with the issuance of such Bonds as he shall deem advisable in order to assure the registered owners of such Bonds that interest thereon shall be and remain excludable from gross income for federal income tax purposes, and such covenants and agreements shall be binding on the City so long as the observance by the City of any such covenants or agreements is necessary in connection with the maintenance of the exclusion of the interest on such Bonds from gross income for federal income tax purposes. The foregoing covenants and agreements may include such covenants or agreements on behalf of the City regarding compliance with the provisions of the Internal Revenue Code of 1986, as amended, as the Mayor or the Finance Administrator shall deem advisable in order to assure the registered owners of the Bonds that the interest thereon is and shall remain excludable from gross income for federal income tax purposes, including (without limitation) covenants or agreements relating to the investment of Bond Proceeds, the payment of certain earnings resulting from such investment to the United States, limitations on the times within which, and the purposes for which, Bond Proceeds may be expended, or the use of specified procedures for accounting for and segregating Bond Proceeds. Any covenant or agreement made by the Mayor or the Finance Administrator pursuant to this paragraph may be set forth in or authorized by the Tax and Section 148 Certificate or an order executed by the Mayor. Section 12: The distribution of an Official Statement pertaining to the Bonds is hereby
authorized, the final form of such Official Statement to be approved by the Mayor as evidenced by his signature thereon. The Official Statement shall be in substantially the form of the Preliminary Official Statement (which shall be in a form deemed final as of its date for purposes of SEC Rule 15c2-12) with such changes, modifications, additions and deletions as the
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Mayor or the Finance Administrator may approve. The distribution of a Preliminary Official Statement is hereby approved. Section 13: Pursuant to the authority of this Ordinance, all officers, employees and
agents of the City may take such actions and execute and deliver such documents as are necessary or appropriate from time to time to provide for the issuance, sale and delivery of the Bonds. Section 14: This Ordinance shall take effect from the date of its approval by the
Mayor, on or following the date of its final passage. [signatures appear on next page]
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THIS ORDINANCE was introduced and read at a meeting of the Mayor and City Council held on the __ day of _________________, 2013, and thereafter, a statement of the substance of the Ordinance having been published as required by law, was finally passed by the Mayor and City Council on the ___ day of ___________________, 2013.
Lloyd Martin, President of the City Council
Approved by me this ____ day of __________________, 2013.
Kelly L. Allmond, City Clerk Approved as to form by:
Richard W. Meehan, Mayor
Guy R. Ayres, III, Town Attorney
Mary Knight, Secretary of the City Council
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Exhibit A PROJECTS Project Description Convention Center auditorium Roof on Public Safety building Roof on Service Center building Beach Patrol headquarters building Effluent Disinfection System Total Total Cost $8,300,000 630,000 240,000 2,000,000 1,300,000 $12,470,000
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Exhibit B CONVENTION CENTER PORTION Due November 1 2014 2015 2016 2017 2018 Principal Amount* $740,000 755,000 775,000 800,000 825,000 Due November 1 2019 2020 2021 2022 2023 Principal Amount* $850,000 880,000 910,000 950,000 985,000
PUBLIC FACILITIES PORTION Due November 1 2014 2015 2016 2017 2018 ________________________ *Preliminary, subject to change Principal Amount* $370,000 375,000 385,000 400,000 410,000 Due November 1 2019 2020 2021 2022 2023 Principal Amount* $425,000 440,000 455,000 475,000 495,000
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Exhibit C NOTICE OF SALE MAYOR AND CITY COUNCIL OF OCEAN CITY GENERAL OBLIGATION MUNICIPAL PURPOSE BONDS OF 2013 Electronic bids via PARITY will be received until 11:00 a.m., local Ocean City, Maryland time on Thursday, November 21, 2013, by the Mayor of the Mayor and City Council of Ocean City (the City) or his designee at the offices of the Finance Administrator of the City, located at City Hall, 3rd Street and Baltimore Avenue, Ocean City, Maryland 21842, for the purchase of the above-described bonds of the City (the Bonds), aggregating $12,700,000. Terms of the Bonds The Bonds are all dated their date of initial delivery and bear interest payable semiannually on May 1 and November 1, commencing May 1, 2014, until maturity. The Bonds mature on the first day of November as follows: Maturing November 1 2014 2015 2016 2017 2018 Book-Entry System The Bonds shall be issued only in fully registered book-entry form and The Depository Trust Company, New York, New York (DTC) will act as securities depository for the Bonds. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds and each such Bond shall be immobilized in the custody of DTC or with __________________ (the Bond Registrar) to be held under DTCs FAST system. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. The winning bidder, as a condition to delivery of the Bonds, will be required to deposit the bond certificates representing each maturity with DTC. Interest on the Bonds will be payable when due and principal of the Bonds will be payable at maturity to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners of the Bonds by participants of DTC
Preliminary Principal Amount* $1,110,000 1,130,000 1,160,000 1,200,000 1,235,000
Maturing November 1 2019 2020 2021 2022 2023
Preliminary Principal Amount* $1,275,000 1,320,000 1,365,000 1,425,000 1,480,000
Preliminary, subject to change.
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(Participants) will be the responsibility of Participants and other nominees of beneficial owners. The City will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing the records maintained by DTC Participants or persons acting through Participants. In the event that DTC determines not to continue to act as securities depository for the Bonds or the City determines to discontinue the book-entry system with DTC, and the City does not replace DTC with another securities depository, the City will execute and the Bond Registrar will authenticate and deliver replacement Bonds in certificated form registered in the names of the Participants or, if requested in writing by such Participants, in the names of the beneficial owners of the Bonds. Replacement Bonds issued to Participants or to beneficial owners shall be in authorized denominations and be in fully registered form. Bonds Not Subject to Redemption The Bonds are not subject to redemption prior to their stated maturities. Authorization and Use of Proceeds The Bonds are authorized by Sections 19-301 through 19-309, inclusive, of the Local Government Article of the Annotated Code of Maryland (2013 Volume) and Section C-719 of the Charter of the City, and by virtue of due proceedings had and taken by the Mayor and City Council of Ocean City particularly an Ordinance adopted on _________________, 2013 (approved ________________, 2013) (the Ordinance). The proceeds of the Bonds will be expended for the public purposes of financing or refinancing, in whole or in part, certain costs of acquisition, construction and/or improvements to the following public projects (which shall include, as applicable, costs of acquisition and development of property rights, architectural, design, engineering, planning, equipment and installation thereof, whether or not specifically stated, and which may represent the Citys share or contribution to the financing or refinancing of such projects (a) the design, construction, furnishing and equipping of an addition to and other repairs and improvements to the Roland E. Powell Convention Center to provide a performing arts auditorium and related facilities (the Convention Center Project), (b) construction of a new Beach Patrol Headquarters Building, (c) roof replacements for the Public Safety Building and Service Center, (d) upgrades to the Effluent Disinfection System (items (b) (d) are collectively referred to herein as the Public Facilities Projects and, together with the Convention Center Project, the Projects), and (e) paying the costs of issuing the Bonds, which expenses include costs of document production and reproduction, and financial advisory and counsel fees and expenses. Security for the Bonds The principal of and interest on that portion of the Bonds that is attributable to the Convention Center Project (the Convention Center Portion) are payable in the first instance from the proceeds of a food and beverage tax to be levied and collected by County Commissioners of Worcester County, Maryland for such purpose pursuant to Section 20-602 of the Local Government Article of the Annotated Code of Maryland (2013 Volume) (the Food and Beverage Tax). The City shall levy and collect ad valorem taxes upon all taxable property C-2
within the City in rate and amount sufficient to pay the principal of and interest on the remaining portion of the Bonds (the Public Facilities Portion). If the proceeds of the Food and Beverage Tax are insufficient to provide for the payment of the principal of and interest on the Convention Center Portion of the Bonds in any fiscal year, then the City shall also levy and collect ad valorem taxes upon all taxable property within the corporate limits of the City in rate and amount sufficient to provide for such deficiency in each such fiscal year. The full faith and credit and unlimited taxing power of the City are unconditionally pledged to the payment of the Bonds and of the interest to accrue thereon. Electronic Bids Electronic bids will be received via PARITY, in the manner described below, until 11:00 a.m., local Ocean City, Maryland time, on Thursday, November 21, 2013. Bidders may only submit bids electronically via PARITY. Bids may be submitted electronically via PARITY pursuant to this Notice of Sale until 11:00 a.m., local Ocean City, Maryland time, but no bid will be received after the time for receiving bids specified above. To the extent any instructions or directions set forth in PARITY conflict with this notice, the terms of this Notice of Sale shall control. For further information about PARITY, potential bidders may contact PARITY at Dalcomp (212) 8495021. Disclaimer Each prospective bidder shall be solely responsible to register to bid and to submit its bid via PARITY as described above. Each qualified prospective bidder shall be solely responsible to make necessary arrangements to access PARITY for the purposes of submitting its bid in a timely manner and in compliance with the requirements of this Notice of Sale. Neither the City nor PARITY shall have any duty or obligation to provide or assure access to PARITY to any prospective bidder, and neither the City nor PARITY shall be responsible for a bidders failure to register to bid or for proper operation of, or have any liability for any delays or interruptions of, or any damages caused by, PARITY. The City is using PARITY as a communication mechanism, and not as the Citys agent, to conduct the electronic bidding for the Bonds. The City is not bound by any advice and determination of PARITY to the effect that any particular bid complies with the terms of this Notice of Sale and in particular the Bid Specifications hereinafter set forth. All costs and expenses incurred by prospective bidders in connection with their registration and submission of bids via PARITY are the sole responsibility of the bidders; and the City is not responsible, directly or indirectly, for any of such costs or expenses. If a prospective bidder encounters any difficulty in submitting, modifying or withdrawing a bid for the Bonds, he should telephone PARITY at Dalcomp (212) 849-5021 and notify the Citys Financial Advisor, A. Samuel Ketterman, at Davenport & Company LLC by facsimile at 866932-6660 and by telephone at (410) 296-9426. Electronic Bidding Procedures Electronic bids must be submitted for the purchase of the Bonds (all or none) via PARITY. Bids will be communicated electronically to the City at 11:00 a.m., local Ocean C-3
City, Maryland time, on Thursday, November 21, 2013. Prior to that time, a prospective bidder may (1) submit the proposed terms of its bid via PARITY, (2) modify the proposed terms of its bid, in which event the proposed terms as last modified will (unless the bid is withdrawn as described herein) constitute its bid for the Bonds, or (3) withdraw its proposed bid. Once the bids are communicated electronically via PARITY to the City, each bid will constitute an irrevocable offer to purchase the Bonds on the terms therein provided. For purposes of the electronic bidding process, the time as maintained on PARITY shall constitute the official time. Bid Specifications No oral bid and no bid for less than all of the Bonds will be considered. The right is reserved to waive any irregularity or informality in any bid and to reject any or all bids. The Mayors judgment shall be final and binding upon all bidders with respect to the form and adequacy of any bid received and as to its conformity to the terms of this Notice of Sale. Each bidder shall submit one bid on an all-or-none basis for the Bonds. Each bid must specify the amount bid for the Bonds, which shall not be less than 100% of par or more than 112% of par. Bidders shall state in their bids the rate or rates of interest to be paid on the Bonds in multiples of one-eighth (1/8) or one-twentieth (1/20) of one percent (1%), and each bid shall be based and submitted on the rate or rates stated therein. Bidders may specify more than one rate of interest to be borne by the Bonds, but the difference between the highest and lowest rates named may not be greater than three percent (3%). Bidders may not specify more than one rate of interest for the Bonds of any single maturity. A zero rate may not be named for any maturity. The maximum rate permitted for any maturity is 5.50%. Basis of Award The Bonds will be awarded to the bidder naming the lowest true interest cost for all Bonds in any legally acceptable bid and offering to pay not less than par and not more than 112% of the aggregate Revised Amount of the Bonds. The lowest true interest cost will be determined by doubling the semiannual interest rate, compounded semiannually, necessary to discount the debt service payments from the payment dates to the date of the Bonds and to the amount bid. Where the bids of two or more bidders result in the same lowest true interest cost, the Bonds may be apportioned between such bidders, but if this shall not be acceptable, the City shall have the right to award all of the Bonds to one bidder. The right is reserved to the City to reject any or all bids and to waive any irregularity or informality in any bid. The Citys judgment shall be final and binding upon all bidders with respect to the form and adequacy of any bid received and as to its conformity to the terms of this Notice of Sale. Any award of the Bonds may be made as late as 4:00 p.m. on the sale date. All bids remain firm until an award is made. Good Faith Deposit The successful bidder is required to submit a good faith deposit of [$245,000.00] (the Deposit) to the City upon initial notification of the award of the Bonds to the successful bidder. The Deposit will be in the form of a wire transfer and must be received by the City prior to 3:00 p.m. (local time) on the date of the sale. Such payment will be security for compliance
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with the terms of the bid. The City will provide wire instructions to the successful bidder upon the initial notification of the award of the Bonds. As an alternative to the foregoing, a bidder may deliver to the City, at the address set forth above, prior to 11:00 a.m. (local time) on the date of sale a certified check upon, or a cashiers or treasurers or official check of, a responsible banking institution, or a financial surety bond as described below in this paragraph, payable to the order of Mayor and City Council of Ocean City for the amount of the Deposit. If a check is submitted by the successful bidder, such check will be deposited and collected. If a bidder elects to submit a financial surety bond, such bond must be issued by an insurance company licensed to issue such a bond in the State of Maryland and must be submitted to the City at the address set forth above prior to 11:00 a.m. (local time) on the date of sale. The financial surety bond must identify each bidder whose good faith deposit is guaranteed by such financial surety bond. If the Bonds are awarded to a bidder utilizing a financial surety bond, then the successful bidder is required to submit its good faith deposit to the Finance Administrator of the City not later than 12:00 Noon (local time) on the next business day following the award either in the form of a check of the type described in the preceding paragraph or by wire transfer (payable in federal funds) to the City in accordance with the Citys instructions to such successful bidder. If such good faith deposit is not received by that time, the financial surety bond may be drawn by the City to satisfy the good faith deposit requirement. The good faith deposit of the successful bidder will be retained by the City to be applied in part payment for the Bonds, and no interest will be allowed upon the amount thereof. IN THE EVENT THAT THE SUCCESSFUL BIDDER SHALL FAIL TO COMPLY WITH THE TERMS OF THE BID, THE PROCEEDS OF THE DEPOSIT AND ANY INVESTMENT INCOME THEREON WILL BE RETAINED AS AND FOR FULL LIQUIDATED DAMAGES. The checks, if any, of the unsuccessful bidders will be returned promptly after the Bonds are awarded. Procedures for Sale and Principal Amount Changes The preliminary aggregate principal amount of the Bonds and the preliminary principal amount of each maturity of the Bonds as set forth in this Notice of Sale (collectively, the Preliminary Amounts) may be revised before the receipt and opening of sealed bids for their purchase. Any revised aggregate principal amount of the Bonds and the revised principal amount of each maturity (collectively, the Revised Amounts) will be published on TM3 News Service (TM3) not later than 9:30 a.m., local Ocean City, Maryland time on the date of sale or as soon thereafter as is reasonably practicable. In the event that no revisions are made or that such revisions are not published on TM3 before 9:30 a.m., local Ocean City, Maryland time on the date of sale, the Preliminary Amounts will constitute the Revised Amounts. Bidders shall submit bids based on the Revised Amounts and the Revised Amounts will be used to compare bids and select a winning bidder.
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Award of Bonds As promptly as reasonably practicable after the bids are opened, the City will notify the bidder to whom the Bonds will be awarded, if and when such award is made. ANY BIDS FOR LESS THAN ALL OF THE BONDS SHALL BE REJECTED BY THE CITY. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. As a condition to the award of the Bonds, the successful bidder shall be required to communicate to the City the initial offering prices at which a bona fide offering of Bonds has been made to the public, which prices are to be shown on the cover of the Official Statement (the Initial Offering Prices). Furthermore, as a condition to the delivery of the Bonds, the successful bidder shall be required to furnish to the City a written certificate acceptable to the Citys bond counsel to the effect that the successful bidder has made a bona fide public offering of the Bonds at the Initial Offering Prices and that a substantial portion of each maturity of the Bonds has been sold to the public (excluding bond houses, brokers and other intermediaries) at the respective Initial Offering Prices. Such certifications shall be made based on actual facts known to the successful bidder as of the sale date. For purposes of the successful bidders certificate, a substantial portion of the Bonds is at least 10% in par amount of each maturity of the Bonds. If the successful bidder cannot deliver the certificate as described above, the Citys bond counsel will be required to evaluate the facts and circumstances of the offering and sale of the Bonds to confirm compliance with statutory requirements of avoiding the establishment of an artificial price for the Bonds. It is noted that the City has the right to award the Bonds by private negotiation at any time and may determine to exercise such right either before bids are submitted in response to this Notice of Sale or in the event that all bids are rejected. The City may so negotiate with, and make such award to, any person, including bidders hereunder. Revisions The City may revise this Notice of Sale by written notice available to prospective bidders at the place of sale at the time, for submission of bids or by publishing notice of any revisions on TM3 at or before the time for submission of bids. Any bid submitted shall be in accordance with, and incorporate by reference, this Notice of Sale, including any revisions made pursuant to this paragraph. Postponement of Sale The City reserves the right to postpone, from time to time, the date established for the receipt of bids. Any such postponement will be announced by TM3 by notice given not later than 1:00 p.m., local Ocean City, Maryland time, on the last business day prior to any announced date for receipt of bids. If any date fixed for the receipt of bids and the sale of the Bonds is postponed, any alternative sale date will be announced via TM3 at least 48 hours prior to such alternative sale date. In addition, the City reserves the right, on the date established for the receipt of bids, to reject all bids and establish a subsequent alternative sale date. If all bids are rejected and an alternative sale date for receipt of bids established, notice of the alternative sale date will be announced via TM3 not less than 48 hours prior to such alternative sale date. On C-6
any such alternative sale date, any bidder may submit an electronic bid for the purchase of the Bonds in conformity in all respects with the provisions of this Notice of Sale except for the date of sale and except for any changes announced by TM3 at the time the alternative sale date and time are announced. Approving Legal Opinion The Bonds will be issued and sold subject to approval as to legality by McGuireWoods LLP, Bond Counsel. Copies of the legal opinion, substantially in the form included in the Preliminary Official Statement, will be delivered, upon request, to the purchaser or purchasers of the Bonds, without charge. Preliminary Official Statement; Official Statement Not later than seven (7) business days after the award of the Bonds to the successful bidder on the day of sale, the City will authorize an Official Statement, which is expected to be substantially in the form of the Preliminary Official Statement referred to below. If so requested by the purchaser or purchasers at or before the close of business on the date of the sale, the City will include in the Official Statement such pricing and other information with respect to the terms of the reoffering of the Bonds by the successful bidder (Reoffering Information), if any, as may be specified and furnished in writing by such bidder. If no Reoffering Information is specified and furnished by the successful bidder, the Official Statement will include the interest rates on the Bonds resulting from the bid of the successful bidder and the other statements with respect to reoffering contained in the Preliminary Official Statement. The successful bidder shall be responsible to the City and its officials for the Reoffering Information, and for all decisions made by such bidder with respect to the use or omission of the Reoffering Information in any reoffering of the Bonds, including the presentation or exclusion of any Reoffering Information in any documents, including the Official Statement. The successful bidder will also be furnished, without cost, with up to 100 copies of the Official Statement (and any amendments or supplements thereto). Continuing Disclosure In order to assist bidders in complying with SEC Rule 15c2-12(b)(5), the City will execute and deliver a continuing disclosure agreement on or before the date of issuance of the Bonds pursuant to which it will undertake to provide certain information annually and notices of certain events. A description of this agreement is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement. Delivery; Closing Papers Delivery of the Bonds, without expense, will be made by the City to the purchaser or purchasers on or about December 5, 2013, or as soon as practicable thereafter, through the facilities of DTC in New York, New York, and, thereupon, said purchaser or purchasers will be required to accept delivery of the Bonds purchased and pay, in Federal funds, the balance of the purchase price due. When delivered, the Bonds shall be duly executed and authenticated and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds. The Bonds will be accompanied by the customary closing documents, including a no-litigation C-7
certificate, effective as of the date of delivery, stating that there is no litigation pending affecting the validity of any of the Bonds. It shall be a condition to the obligation of said purchaser or purchasers to accept delivery of and pay for the Bonds that, simultaneously with or before delivery and payment for the Bonds, said purchaser or purchasers shall be furnished a certificate or certificates of the Mayor of the City or the Finance Administrator of the City to the effect that, to the best of their knowledge and belief, the Official Statement (and any amendment or supplement thereto) (except for the Reoffering Information provided by the purchaser and information regarding DTC and DTCs book-entry system provided by DTC, as to which no view will be expressed) as of the date of sale and as of the date of delivery of the Bonds does not contain any untrue statement of a material fact and does not omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading and that between the date of sale and the date of delivery of the Bonds there has been no material adverse change in the financial position or revenues of the City, except as reflected or contemplated in the Official Statement (and any amendment or supplement thereto). Bond Insurance In the event that all or any part of the Bonds are initially reoffered with bond insurance secured by the successful bidder, the successful bidder shall be required to notify promptly the Finance Administrator at the time of sale and shall provide the Finance Administrator with any information he reasonably requests regarding such bond insurance including the amounts paid for such insurance. The City will, at the request and expense of the successful bidder, include customary language in the Official Statement and the form of bond regarding the insurance policy upon receipt of such opinions or certificates as the City reasonably may request regarding the accuracy of any information to be included in the Official Statement and the binding nature of the obligations contained in the insurance policy with respect to the Bonds. The City shall have no obligation to provide the successful bidder or the bond insurance company with any other documents or opinions relating to the Bonds. Neither the failure of the Bonds to be insured by such bond insurance policy nor any change in the ratings provided by any rating agency with respect to the issuer of such bond insurance policy occurring between the time of the award of the Bonds and the time the Bonds are delivered shall relieve the successful bidder of its contractual obligation to purchase the Bonds. Miscellaneous It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such number on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of this Notice of Sale. The Preliminary Official Statement, together with this Notice of Sale, may be obtained from the Finance Administrator of the City, City Hall, 3rd Street and Baltimore Avenue, Ocean City, Maryland 21842, (410) 289-8941 or from the Citys Financial Advisor, A. Samuel Ketterman, at Davenport & Company LLC, Suite 324, 8600 LaSalle Road, Towson, Maryland 21286, (410) 296-9426. Such Preliminary Official Statement is deemed final by the City as of its C-8
date for purposes of SEC Rule 15c2-12 but is subject to revision, amendment and completion in the Official Statement referred to above. MAYOR AND CITY COUNCIL OF OCEAN CITY
I hereby certify that this is a true and exact copy of Ordinance 2013-___
Kelly L. Allmond, City Clerk Town of Ocean City
50644310_4.DOCX
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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 10 COMMENTS FROM THE PUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during Comments from the Public for a period of five( 5) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 11 COMMENTS FROM THE CITY MANAGER A. Review of tentative work session agenda for October 15, 2013
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 7, 2013 12 COMMENTS FROM MAYOR AND CITY COUNCIL

October 7 2013 Complete Agenda

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October 7 2013 Complete Agenda

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MAYORANDCITYCOUNCIL

OceanCity,Maryland PoliceCommission MeetingAgenda October11,20139:00AM PublicSafetyBuilding

TourismCommissionMeeting Agenda 3p.m. Friday,October11,2013 Room214,ConventionCenter 1) 2) 3) 4) Approvalofminutes Ococeanenhancedlistingsupdate Strategicplanningdiscussion Organizationalreports

P:Tom/Rec & Parks Committee Meeting Agenda 10-15-2013

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

PE Wicomico Street Winter Festival

PE Ravens vs Steelers 5K TENTATIVE

Ocean City Private Events

PRIVATE EVENT APPLICATION

$100.00 For Profit Applicants, $25.00 Non-Profit Applicants

2. IS THIS A NEW EVENT? ____No______________________________________

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

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

No 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________

No 35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________

HAVE YOU ALREADY

OBTAINED TIS PERMIT? __N/A___________IF SO, PLEASE ATTACHED A

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

8 Winterfest PE 2nd Annual Jingle Bell Run TENTATIVE 15 Winterfest

Ocean City Special Events Private Events

Total Cost to Town: No foreseeable costs

Date on Council Agenda: October 7, 2013 Event Approved or Denied: Other:

PRIVATE EVENT APPLICATION

NON-REFUNDABLE APPLICATION FEE:

Sunday December 8, 2013

5pm 7pm 4. STARTING & ENDING TIMES OF EVENT: _______________________________

OC Trirunning Sports 9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ _____________________________________________________________________

N/A 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _________________

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

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

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

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

150 to 200 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________

38. EXPECTED NUMBER OF SPECTATORS: ________________________________

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

PE Surf Fishing PE Winefest -

PE Surf Fishing PE Winefest

PE Endless Summer Cruisin

PE Endless Summer Cruisin

PE Endless Summer Cruisin

PE Endless Summer Cruisin

Ocean City Private Events 3-Year Approval

Date on Council Agenda: October 1, 2013 Council Ruling: ________________________________________________

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

Ocean City Fire Department Memorandum

Sept. 17, 2013

Witmer Public Safety Group

Proposal ID Date Sales Person

144870 8/20/2013 Kevin G

Note: Price quoted delivered!

Thank you, Kevin A. Greenlee

Subtotal Tax Total

Proposal is valid until September 19, 2013

Proposal is Valid until September 19, 2013

The White Marlin Capital of the World

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

2. IS THIS A NEW EVENT? No__________________________________

OBTAINED TIS PERMIT? N/A_________IF SO, PLEASE ATTACHED A

OC Trirunning Sports 9. ORGANIZATION REPRESENTING: ___ _ ___________________________________

2. IS THIS A NEW EVENT? Yes__________________________________

QUESTION 11: HOME: ____________WORK: _ FAX: CELL: ______

_________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: _ _N/A________________________________________________________________

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

37. EXPECTED NUMBER OF PARTICIPANTS: 80-100________________

2. IS THIS A NEW EVENT? Yes__________________________________

_________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: _ _N/A________________________________________________________________

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

37. EXPECTED NUMBER OF PARTICIPANTS: 250________________

First Reading ___ Second Reading _