MAYOR AND CITY COUNCIL REGULAR MEETING Monday, November 1, 2021 – 6:00 PM AGENDA 1. CALL TO ORDER 2. PRAYER AND PLEDGE 3. RECOGNITION OF PROPOSALS A. Proposal Recognition - Advertising Services 4. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL A. Proclamation Recognizing November as Family Court Awareness Month B. Standing Committee Draft Agendas 1. Police Commission - November 8 2. Tourism Commission - November 15 3. Recreation and Parks Committee - November 9 4. Coastal Resources Legislative Committee - November 10 5. Bicycle and Pedestrian Advisory Committee - November 10 6. Pension Committee - November 17 5. CONSENT AGENDA A. Approval of Minutes 1. Regular Meeting #17 dated October 18, 2021 B. Private Event Approval Request for the Ocean City Jeep Club Toys for Tots Beach Run - November 13, 2021 C. Bid Award Recommendation for Public Safety Building UPS Replacement D. Bid Award Recommendation for Annual Street Paving E. Bid Award Recommendation for Exterior Painting and Repairs of the 94th Street Water Tank 6. MISCELLEANEOUS REPORTS AND PRESENTATIONS A. Request to Fund 94th Street Water Tank Interior Rehabilitation presented by Public Works Director Hal Adkins B. Composting Pilot Program Update presented by Garvey Heiderman, Owner, Compost, LLC/The Hobbit Restaurant 7. PUBLIC HEARINGS 8. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF 9. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR
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MAYOR AND CITY COUNCIL
REGULAR MEETING Monday, November 1, 2021 – 6:00 PM
AGENDA
1. CALL TO ORDER
2. PRAYER AND PLEDGE
3. RECOGNITION OF PROPOSALS
A. Proposal Recognition - Advertising Services
4. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL
A. Proclamation Recognizing November as Family Court Awareness Month
B. Standing Committee Draft Agendas 1. Police Commission - November 8 2. Tourism Commission - November 15 3. Recreation and Parks Committee - November 9 4. Coastal Resources Legislative Committee - November 10 5. Bicycle and Pedestrian Advisory Committee - November 10 6. Pension Committee - November 17
5. CONSENT AGENDA
A. Approval of Minutes 1. Regular Meeting #17 dated October 18, 2021
B. Private Event Approval Request for the Ocean City Jeep Club Toys for Tots Beach Run - November 13, 2021
C. Bid Award Recommendation for Public Safety Building UPS Replacement
D. Bid Award Recommendation for Annual Street Paving
E. Bid Award Recommendation for Exterior Painting and Repairs of the 94th Street Water Tank
6. MISCELLEANEOUS REPORTS AND PRESENTATIONS
A. Request to Fund 94th Street Water Tank Interior Rehabilitation presented by Public Works Director Hal Adkins
B. Composting Pilot Program Update presented by Garvey Heiderman, Owner, Compost, LLC/The Hobbit Restaurant
7. PUBLIC HEARINGS
8. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF
9. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR
Mayor and City Council – Regular Meeting November 1, 2021
A. First Reading - Ordinance 2021-21 to Close and Convey a Platted and Unimproved East/West Alley between 74th/75th Street Bayside and Accept the Dedication of an Easement to Widen the North/South Platted and Unimproved Alley in the Same Block
B. Resolution 2021-16 Documenting Denial of 3 Cell Tower Applications in the MH District (specifically 354 South Ocean Drive, 243 South Ocean Drive and 167 South Ocean Drive)
10. COMMENTS FROM THE PUBLIC
A. Any person who may wish to speak on any matter at the Regular Meeting 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.
11. COMMENTS FROM THE CITY MANAGER
A. City Manager Comments 1. The November 9 Work Session has been canceled. The next meeting of the Mayor and
City Council is Monday, November 15.
12. COMMENTS FROM THE MAYOR AND CITY COUNCIL
A. Mayor and City Council Comments
13. ADJOURN
TOWN OF
The White Marlin Capital of the World
TO: The Honorable Mayor, Council President and Members of Council
TO: The Honorable Mayor, Council President and Members of Council
THRU: Doug R. Miller, City Manager
FROM: Diana Chavis, City Clerk
RE: November as Family Court Awareness Month
DATE: October 28, 2021
ISSUE(S): Proclamation recognizing November as Family Court Awareness
Month
SUMMARY: Currently, many families in our community are struggling in
silence and facing the reality that child safety is not being
prioritized. Ocean City supports and recognizes the importance of
a family court system that prioritizes child safety and acts in the
best interest of children.
Abuse survivor and advocate Christine Drumgoole will accept the
proclamation.
FISCAL IMPACT: Not applicable
RECOMMENDATION: Not Applicable
More Livable Community for Residents
ALTERNATIVES: Not applicable
RESPONSIBLE STAFF: Lauren Davis, Executive Assistant to the Mayor
COORDINATED WITH: Christine Drumgoole, Abuse Survivor, and Advocate Tina Swithin,
Creator
ATTACHMENT(S): 1. Proclamation
Agenda Item # 4.A
Council Meeting November 1, 2021
4.A
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Family Court Awareness Month – November WHEREAS, the mission at One Mom’s Battle (OMB) and the Family Court Awareness Month Committee (FCAMC) is to increase awareness on the importance of a family court system that prioritizes child safety and acts in the best interest of children and;
WHEREAS, the mission at the FCAMC is to increase awareness on the importance of education and training on domestic violence, childhood trauma and post separation abuse for all professionals working within the family court system and;
WHEREAS, the mission at the FCAMC is to educate judges and other family court professionals on the empirical data and research that is currently available. Such research is a critical component to making decisions that are truly in the best interest of children and;
WHEREAS, the mission at the FCAMC is fueled by the desire for awareness and change in the family court system while honoring the 800(+) children who have been murdered by separating or divorcing parents and; NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of Ocean City, Maryland, do hereby proclaim the month of November as Family Court Awareness Month in Ocean City and commend its observance to all citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the Town of Ocean City, Maryland to be affixed this 1st day of November in the year of our Lord Two Thousand and Twenty-One.
___________________________ RICHARD W. MEEHAN Mayor
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TOWN OF
The White Marlin Capital of the World
TO: The Honorable Mayor, Council President and Members of Council
THRU: Doug R. Miller, City Manager
FROM: Diana Chavis, City Clerk
RE: Standing Committee Draft Agendas
DATE: October 28, 2021
ISSUE(S): Standing Committee Draft Agendas
SUMMARY: 1. Police Commission – November 8
2. Tourism Commission – November 15
3. Recreation and Parks Committee – November 9
4. Coastal Resources Legislative Committee – November 10
5. Bicycle and Pedestrian Advisory Committee – November 10
6. Pension Committee – November 17
The Transportation Committee will not meet during the month of
November.
FISCAL IMPACT: Not Applicable
RECOMMENDATION: Not Applicable
Excellent Service through a High Performing Town Organization
6) Adjourn Note: Standing Committee Reports will now be submitted in writing. If you have a matter that you would like on the agenda, please contact Leslie Donavan at [email protected]. Part of the meeting may be closed in accordance with the Maryland Open Meetings Act.
RECREATION & PARKS COMMITTEE Tuesday, November 9, 2021
Northside Park 3:30 p.m.
AGENDA
OCRP Values: Team Work, Quality, Integrity, Innovation, Safety, Stewardship, Accessibility and Fun!
OCRP Mission: To provide quality recreational, cultural and social opportunities, as well as safe, clean,
enjoyable parks, beaches and facilities to enhance the quality of life for Ocean City residents and visitors
1. Call to Order
2. Eagle’s Landing Local Rates
3. Special Events ROI Spreadsheet and Income Statements Discussion
4. Beverage Franchise Agreement
5. Projects 5-Year Preview
6. Other Business and/or Operational Updates
Part of the meeting may be closed to the public in accordance with the Open Meetings Act.
Susan/Word/Rec & Parks Committee Meeting Agenda November 9, 2021
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Green Team Agenda November 10, 2021
3:30 to 5:00 Council Conference Room
Video conference available upon request
1. Approval Meeting minutes - 2 min
2. Introductions and Greeting – 5 min
3. Approval of next year meeting dates. 2-min
4. Update on Nuisance Flooding and the quarterly reports, Bill and Terry. 10 min
5. Litter Free OC update -10 min
a. Update on all cleanup programs including beach, dune, street and bay areas
b. Butt hut review
c. Focus of next year efforts
6. Sustainable Maryland application renewal 2022 discussion- 20 min
7. Old Business and Comments -
Next Meeting January 12, 2022 - 3:30 to 5:00
Council Conference Room, City Hall, 301 Baltimore Ave
If you would like a video invitation to the meeting please let me know by November 3, 2021
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Town of Ocean City, Maryland Bicycle & Pedestrian Advisory Committee (BPAC) Meeting Agenda
Page 1 of 1
OCEAN CITY BICYCLE & PEDESTRIAN ADVISORY COMMITTEE (OC BPAC)
Meeting Agenda
DATE: Wednesday, November 10th, 2021
TIME: 2:00 PM
LOCATION: City Hall, Community Room
301 Baltimore Avenue
Ocean City, MD 21842
RE: OC BPAC Meeting #40
DISCUSSION ITEMS:
40.1. Review & Approve 2021.10.20 Meeting Minutes and Action Items. 40.2. Oceanside Street End Bike Racks.
(Mary Wiedorfer, Hal Adkins, Paul Mauser) 40.3. Ocean City Strategic Plan – Project Status.
(Paul Mauser, Bill Neville) 40.4. Review of Mayor’s Bike Ride – October 31st.
(Tony DeLuca, Frank Miller) 40.5. Open Session. Next OC BPAC Meeting: Wednesday, December 8th at 2:00 PM. Part of this meeting may be closed to the public in accordance with the Open Meetings Act.
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Town of Ocean City Pension Committee Agenda November 17, 2021, 9:00 AM City Hall Council Chambers
1. Call to Order
2. Matt James, Council President & Committee Chairperson
a. Opening Remarks
3. David Esham – Morgan Stanley
a. 3rd Quarter Pension Plan Performance Reports
4. Russell LaGreca – Morgan Stanley
a. Nationwide 401(a) Plan and 457(b) Plan
5. Review approval of Cavanaugh Macdonald contract
6. Adjourn
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TOWN OF
The White Marlin Capital of the World
TO: The Honorable Mayor, Council President and Members of Council
THRU: Doug R. Miller, City Manager
FROM: Diana Chavis, City Clerk
RE: Approval of Minutes
DATE: October 27, 2021
ISSUE(S): Request to Approve Minutes
SUMMARY: 1. Regular Meeting #17 dated October 18, 2021
FISCAL IMPACT: Not Applicable
RECOMMENDATION: Approve minutes.
Excellent Service through a High Performing Town Organization
ALTERNATIVES: Modifications if necessary.
RESPONSIBLE STAFF: Diana Chavis, City Clerk
COORDINATED WITH: Deputy City Clerk Jessica Cropper
ATTACHMENT(S): None
Agenda Item # 5.A
Council Meeting November 1, 2021
5.A
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TOWN OF
The White Marlin Capital of the World
TO: The Honorable Mayor, Council President and Members of Council
THRU: Doug R. Miller, City Manager
FROM: Frank Miller, Special Events Director
RE: Ocean City Jeep Club Toys for Tots Beach Run
DATE: October 27, 2021
ISSUE(S): Jay Knerr, representing the Maryland International Kite Expo.,
Inc., in conjunction with the Ocean City Jeep Club, requests
Council approve the Ocean City Jeep Club Toys for Tots Beach
Run, tentatively scheduled for Saturday, November 13, 2021 on
the beach from the Inlet to 5th St. and back, during the hours of
3-5:30 pm.
SUMMARY: As the Kite Loft is a designated drop-off location for the Toys for
Tots program, the OC Jeep Club would like to have no more than
150 Jeeps drive on the beach from the Inlet to 5th St., and park
on the beach in front of the Kite Loft to deliver toy donations.
Photos would be taken and the Jeeps would then drive south on
the beach, exiting at the Inlet Lot.
If approved, Beach Patrol shall manage the parade as well as the
vehicular exiting of the beach.
FISCAL IMPACT: The applicant shall pay the Town $162.50 in private event fees.
RECOMMENDATION: Approve the event as presented.
1st Class Resort and Tourist Destination
ALTERNATIVES: No staff alternatives suggested.
RESPONSIBLE STAFF: Lisa Mitchell, Special Events Coordinator
Butch Arbin, Beach Patrol Captain
COORDINATED WITH: Jay Knerr, MD International Kite Expo, Inc.
FUNDING REQUEST? NO -$ CALCULATION JUSTIFIED? NO 61% Worth Investing In
Saturday, November 13, 2021
Town of Ocean City, Maryland
Mayor & City Council Review
Private Event at a Glance
OC Jeep Club's Toys for Tots Beach Drive
Saturday, November 13, 2021
Saturday, November 13, 2021
Saturday, November 13, 2021
Beach from the Inlet to 5th Street
Jeep beach drive from the Inlet to the Kite Loft on 5th Street to drop off Toys for Tots Christmas donations.
Information contained herein is for qualifying events using subjective measures quantified to provide indicators as a forecast of event performance, fit and value.
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Ocean City - City Council Review Document
Event:
Location:
EXECUTIVE SUMMARY
Revised 01/26/16
EVENT DATES
X NEW EVENT Setup:
FOR-PROFIT Start:
X NON-PROFIT End:
X COUNTY Out by:
TIME OF YEAR ESTIMATED BASICS ACTUAL EST. COSTS PROJ. SPENDING & TAX RECEIPTS
January Ttl Attend: 150 DPW -$ Est. Ttl. Spending TOC Tax
February Participants 150 OCPD -$ Lodging: -$ -$
March Spectators - EMS -$ F&B: 2,100$ 11$
April Vendors - TRANS -$ Amuse: 1,260$ 25$
May Room Nights - OCBP 394$ Ttl: 3,360$ 36$
June Ttl 394$ DEPT. OPINION SUMMARY
July FEES Straight Discount? Disc. Value Ext. Fee 14% Risk to Town
August App Fee 100$ YES 75% 25$ 85% Timeframe Value
September Space Usage 150$ YES 75% 38$ 16% Uptown Impact
October Conc/Fran -$ N/A N/A -$ 75% Downtown Impact
X November Parking -$ N/A N/A -$ Request 87% Production Quality
December Equip/Labor -$ YES 0% -$ N 25% Traffic Generation
Other 100$ N/A N/A 100$ 85% Value to Populous
Event Assist TOTAL 350$ 7$ 535$ 163$ 78% Target Mkt Value
86% Event Promotion
Track-Record: YES Self-Sustaining: YES Draws Mkt: YES 72% Sustainability
Budget Exists: NO Ann. Growth: YES Multi-State: NO 66% Long-Term Benefit
FUNDING REQUEST? NO -$ CALCULATION JUSTIFIED? NO 61% Worth Investing In
Saturday, November 13, 2021
Town of Ocean City, Maryland
Mayor & City Council Review
Private Event at a Glance
OC Jeep Club's Toys for Tots Beach Drive
Saturday, November 13, 2021
Saturday, November 13, 2021
Saturday, November 13, 2021
Beach from the Inlet to 5th Street
Jeep beach drive from the Inlet to the Kite Loft on 5th Street to drop off Toys for Tots Christmas donations.
Information contained herein is for qualifying events using subjective measures quantified to provide indicators as a forecast of event performance, fit and value.
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TOWN OF
The White Marlin Capital of the World
TO: The Honorable Mayor, Council President and Members of Council
THRU: Doug R. Miller, City Manager
FROM: Catrice Parsons, Procurement Manager
RE: Bid Award Recommendation - Public Safety Building UPS Replacement
DATE: October 28, 2021
ISSUE(S): Bid Award Recommendation for the Public Safety Building UPS
Replacement.
SUMMARY: The Procurement Department, in conjunction with Engineering,
solicited bids for the Public Safety Building UPS Replacement.
Bids were received by Mayor & Council at the October 26, 2021
Work Session and remanded to staff for further review. Staff
reviewed the bids and is requesting to award the project to
Weissco Power, LLC who is the responsive and responsive lowest
bidder.
FISCAL IMPACT: $85,320.00 Award
$110,000.00 Budgeted
RECOMMENDATION: Award the Public Safety Building UPS Replacement to Weissco
Power in the amount of $85,320.00.
Excellent Service through a High Performing Town Organization
Vendor BidAllan Myers MD, Inc. $650,750.00Chesapeake Paving and Seal Coating $550,000.00 ECM Corporation $883,000.00 George & Lynch, Inc. $600,980.00R.L. Ewing Contractors, Inc. $556,660.00Terra Firma of Delmarva $1,142,550.00
Annual Street PavingVendor Listing
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TOWN OF
The White Marlin Capital of the World
TO: The Honorable Mayor, Council President and Members of Council
THRU: Doug R. Miller, City Manager
FROM: Dean Dashiell, PW Senior Project Manager
RE: Bid Award Recommendation for "Exterior" Painting & Repairs of the 94th Street
Water Tank
DATE: October 27, 2021
ISSUE(S): Bid award recommendation.
SUMMARY: The Mayor & City Council received four (4) bids at the October
26th, 2021 Work Session for the Painting and Repair of the 94th
Street Water Tank Project. These Bid, and the associated Bid
Form, consisted of Parts A1 (Base Bid – Exterior only), B1
(Interior only) and C1-C4 covering issues such as contingencies
and logo replacement options for the Art League to consider. Out
of the four (4) bids, Suburban Contractors, LLC tendered the
lowest Base Bid of $ 238,500.00 for the “exterior” painting of the
tank.
On October 27, 2021, Suburban Contractors contacted us and
stated that they had to withdraw their bid due to mathematical
errors.
The next responsive bid was tendered by D & M Painting
Corporation in the amount of $ 367,650.00.
FISCAL IMPACT: Supplemental Funding to cover exterior rehabilitation will be
addressed by a minor reprioritization of existing Water
Department FY 22 Operating Funds that has been "Coordinated"
as noted below.
RECOMMENDATION: Award the Base Bid of $ 367,650.00 to D & M Painting
Corporation for the exterior tank painting.
Revitalized Ocean City: Development and Redevelopment
ALTERNATIVES: Not Applicable
RESPONSIBLE STAFF: Hal Adkins, Public Works Director
Dean Dashiell, PW Senior Project Manager
COORDINATED WITH: Director of Budget and Management Jennie Knapp; Chief PW
Deputy Director Jim Parsons; Water Superintendent Howard
Iman
ATTACHMENT(S): 1. Bid Tabulation for 94th Street Water Tower Painting
Agenda Item # 5.E
Council Meeting November 1, 2021
5.E
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Bid Tabulation for the Painting & Repair of the 94th Street Water Tank
Bidders Base BidPart A-1 Tank Exterior
D & M Painting 367,650.00NOSTOS SS Contractors 859,000.00Suburban Contractors Bid Withdrawn 238,500.00Utility Service Company 809,500.00
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TOWN OF
The White Marlin Capital of the World
TO: The Honorable Mayor, Council President and Members of Council
THRU: Doug R. Miller, City Manager
FROM: Hal Adkins, Public Works Director
RE: Request to Fund 94th Street Water Tank Interior Rehabilitation
DATE: October 28, 2021
ISSUE(S): Request to appropriate “Water Fund Balance” to Fund the 94th
Street Water Tank “Interior” Rehabilitation
SUMMARY: Based on the bids at the October 26, 2021 Work Session, and
subsequent changes in the recognized low bidder, our goal to
blast and paint the interior of the 94th Street Water Tank is now
at risk of not being accomplished due to the lack of adequate
“budgeted” funding. Due to the current Post-Covid economy, the
lack of manpower, escalating material, fuel and equipment costs,
our existing FY’2022 Budget cannot absorb this additional cost.
The last time the full interior of the tank was completely blasted
and repainted was in 2006. Spot repairs have been performed
since that date, but evidence discovered during the last interior
inspection dictates that the full interior needs to be addressed.
With the contractor on site including the equipment needed and
materials, the cost of $366,900 would be far greater if this work
was postponed until a later date. Based on the above
information we respectfully request approval to complete a
Water Fund Balance Appropriation to fully rehabilitate the interior
of the 94th Street Water tank.
FISCAL IMPACT: Water Fund Appropriation of $366,900.00.
RECOMMENDATION: Complete the requested Water Fund Balance Appropriation and
award item B1, interior rehabilitation of the 94th Street Tank to
D & M Painting.
Revitalized Ocean City: Development and Redevelopment
ALTERNATIVES: Not applicable
RESPONSIBLE STAFF: Hal Adkins, Public Works Director
Dean Dashiell, PW Senior Project Manager
COORDINATED WITH: Jennie Knapp, Director of Budget and Management; Chuck
Bireley, Finance Director
ATTACHMENT(S): None
Agenda Item # 6.A
Council Meeting November 1, 2021
6.A
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TOWN OF
The White Marlin Capital of the World
TO: The Honorable Mayor, Council President and Members of Council
THRU: Doug R. Miller, City Manager
FROM: Diana Chavis, City Clerk
RE: Composting Pilot Program Update
DATE: October 27, 2021
ISSUE(S): Composting Pilot Program Update
SUMMARY: Ocean Compost, LLC established a pilot program to separate,
collect, transport and process food waste from five restaurant
locations within the Corporate Limits of Ocean City. Compost
totals for the summer of 2021:
1) Total tons: 17.11 (number based on certified scales and
weight tickets at 65th Street)
2) Total amount paid: $1,151.16.
FISCAL IMPACT: None. The Pilot Program is the sole responsibility of Ocean
Compost, LLC with the exception of the fact that their Food
Waste Collection is weighed at 65th Street, and they are
compensated on a per ton basis for waste diverted from our
current overall Waste Stream. This per ton compensation is not
in addition to payments made to Covanta. It is compensation to
Ocean Compost, LLC in lieu of identical per ton payments to
Covanta.
RECOMMENDATION: Not Applicable
1st Class Resort and Tourist Destination
ALTERNATIVES: Not Applicable
RESPONSIBLE STAFF: Hal Adkins, Public Works Director
COORDINATED WITH: T. Garvey Heiderman, Owner, Ocean Compost, LLC; Public Works
This Transportation, Collection and Waste Disposal Agreement, ( hereinafter
referred to as " Agreement") is entered into this - If- day of July, 2021, by and betweenOcean Compost, LLC (hereinafter referred to as " Contractor"), and the Mayor and CityCouncil of Ocean City, Maryland ( hereinafter referred to as the " Town").
Recitals
A. Contractor desires to initiate a composting pilot program in the Town ofOcean City in which Contractor collects waste from participating businesses in thecorporate limits of Ocean City, transports said waste to a certain property, and thereuponsaid property composts said waste; and
B. In the conduct of the business, Contractor will be entering agreements withparticipating businesses to dispose of their waste; and
C. To operate the pilot program, Contractor needs approval of the Town and
access to the Town' s weighing facilities; and
D. The Town supports this composting pilot program in an effort to supportenvironmentally friendly waste disposal.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings described in this Agreement, Contractor and the Town hereby agree asfollows:
ARTICLE I
Definitions
In addition to the terms defined elsewhere in this Agreement, the followingterms shall have the meanings ascribed to them below when used herein:
Acceptable Waste" means food waste from the businesses listed in Exhibit A,
diverted by Contractor from the regular Town waste stream to be composted, and whichis not otherwise Unacceptable Waste.
Force Majeure" means any act, event or condition that has had, or mayreasonably be expected to have, a material adverse effect on the ability of a party toperform its obligations under this agreement, if such act, event or condition is beyond
the reasonable control of the party relying thereon as justification for not performing anobligation or complying with a condition required of such party under this Agreement.
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Laws" means all applicable federal, state, county, municipal and other laws, rules, regulations, orders, directives, permits, licenses, or common law.
Unacceptable Waste" means any waste that is not Acceptable Waste.
ARTICLE II
Services
Section 2. 1
a) Collection Rights. During the term of this Agreement as set forth below, Contractor shall have the right to collect Acceptable Waste from the businesses
listed in Exhibit A, and haul said Acceptable Waste to the Town Transfer Station
located on 651h Street in Ocean City, Maryland ( the " Transfer Station") for
weighing, for the sole purpose of composting the Acceptable Waste at 11925 St. Martins Neck Road, Bishopville, Maryland, 21813. Contractor shall not collect,
weigh or transport Unacceptable Waste.
b) Procedures. Contractor shall collect and dispose of the Acceptable Waste as
follows:
Contractor shall be responsible for providing the participatingbusinesses in Exhibit A with a waste disposal container that meets
all Laws. The waste disposal container locations shall be approved
by the Town of Ocean City Department of Planning and CommunityDevelopment.
Contractor shall collect the Acceptable Waste from the participatingbusinesses in Exhibit A in a vehicle that meets all Laws for
transporting waste. The vehicle shall be registered as required byMaryland law and the driver shall be properly licensed. Contractor is required to bring said vehicle and every associatedAcceptable Waste load to the Town Transfer Station to be weighed
prior to departing the corporate limits of Ocean City. Contractor is authorized to use the scales at the Town Transfer
Station Monday through Friday, except government holidays, from7 A.M. to 2 P. M.
The only representative of Contractor authorized to use the scales atthe Town Transfer station is Thomas G. Heiderman.
The Acceptable Waste load will be weighed, and Contractor will be
provided a copy of a weight ticket which shall be retained. Themileage on Contractor' s vehicle shall be provided and noted on the
weight ticket.
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Contractor shall only deliver the Acceptable Waste to 11925 St. Martins Neck Road, Bishopville, Maryland, 21813, and said
Acceptable Waste shall only be used for composting. Contractor shall return to the Town Transfer Station within one
hundred and fifty ( 150) minutes after depositing the AcceptableWaste at 11925 St. Martins Neck Road, Bishopville, Maryland,
21813 to be weighed a second time. Contractor will be provided a
copy of a second weight ticket. The weight ticket shall be retained. The difference between the first weight ticket and second weight
ticket will provide the tonnage of Acceptable Waste collected byContractor. The mileage on Contractor' s vehicle shall be provided
and noted on the weight ticket.
Contractor shall not travel to any other location, unless on theimmediate route to and from 11925 St. Martins Neck Road, and said
travel has a de minimis effect on the vehicle' s mileage.
c) Permitting. Contractor shall obtain and maintain all Federal, State, County andmunicipal permits, licenses and authorizations needed for said waste
transportation, disposal and composting operation. Contractor shall provideTown copies upon request.
Section 2. 2 In performing the services hereunder, Contractor shall be an independentcontractor of The Town and shall not be an agent, employee or partner of the Town.
Contractor shall not be construed or deemed to be an employee of the Town for anypurpose. The detailed manner and method ofperforming the services shall be under theexclusive control of Contractor, but shall be performed in accordance with, and subject
to, the provisions of this Agreement.
Section 2. 3 Contractor shall be responsible for entering into agreements with theparticipating businesses and establishing the collection schedule with these businesses. The Town has no involvement in Contractor' s agreements, or arrangements with
participating businesses.
ARTICLE III
Service Fees
Section 3. 1 The service fee for collection, transport and disposal services of Contractor
shall be $ 66. 58 per ton for 2021, and the 2022 rate shall be the same rate the Town is
paying Covanta in 2022 ( Contract Price), tonnage being measured by the differencebetween the two weight tickets detailed in Section 2. 1.
Section 3. 2 The Town shall pay Contractor once a month on the 151h of the month forthe tonnage from the previous month. The payment shall include weight tickets from
the Town Transfer Station. Payments shall be mailed to Contractor by check at theaddress set forth in Article X below, via first class mail.
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Section 3.3 The Town shall not pay for any of Contractor' s expenses related to thisoperation.
Section 3. 4 In the event that any municipal, state, or federal agency passes a solid wasteor transportation tax that is to be charged for waste that is hauled from the Transfer
Station or any activity related to this Agreement, Contractor shall be responsible for saidtax.
Section 3. 5 Any and all fines levied by any Federal, State, county or municipal agencythat are the result of the Contractor' s failure to comply with all Laws shall be paid bythe Contractor.
ARTICLE IV
Insurance and Indemnity
Section 4. 1 Contractor shall indemnify, hold harmless and defend ( through legalcounsel selected by the Town) the Town, its officials, agents, officers, representativesand employees from and against all liabilities, claims, demands, actions, suits,
proceedings, losses, judgments, damages and costs ( including, without limitation, reasonable attorneys' fees and court costs) arising out of this Agreement, includingwithout limitation, Contractor' s acts, omissions and negligence, environmental damage
or liabilities arising out of the disposal of waste by Contractor ( including but not limitedto the separation, storage, loading, hauling or site management), or resulting fromcontamination of or adverse effects on the environment, or arising out of a breach byContractor or its employees, contractors, owners, members or agents of any of its ortheir representation/ warranties or covenants contained in this Agreement.
Contractor, its members, officers, representatives, agents and employees accept and
acknowledge personal responsibility and liability for any injury, including death, ordamage caused to themselves or their vehicles while on Town property, using the TownTransfer Station and performing all services under this Agreement.
Section 4. 2 Contractor shall maintain, and furnish to the Town, certificates attesting tothe existence of the following policies of insurance with companies reasonablysatisfactory to the Town:
a) Workers' Compensation coverage as required by law;
b) Commercial General Liability insurance with a bodily injury, death and propertydamage limit of not less than $ 1, 000, 000 per occurrence, and containingcoverage for contractual liability, tortuous liability, product liability, completedoperations liability, and environmental and pollution liability;
c) Commercial Automobile Liability insurance covering bodily injury ( and
passenger hazard), property damage and environmental damage arising from the
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operation of owned, leased or rented vehicles used in the performance of
Services, with limits of liability of not less than $ 1, 000, 000 per occurrence; and
d) Any other insurance which Contractor is required by law to provide.
Contractor shall provide at least thirty (30) days advance written notice of cancellationor non -renewal of any required insurance that is not replaced. Contractor shall add theTown and its officials, agents, officers, representatives and employees as additional
insured under all insurance policies.
ARTICLE V
Representations and Warranties
Section 5. 1 Contractor hereby represents and warrants to the Town as follows:
a) Contractor is engaged in the collection, transportation, disposal and compostingof waste, has developed the requisite expertise for performing that work, hasadequate resources and equipment in good working order, together with fullytrained and experienced personnel capable of performing the services requiredunder this Agreement in a good and professional manner and in accordance with
this Agreement, and exhibits the standard of care and skill normally exercisedby professional contractors performing the same type of services; and
b) Contractor has obtained all permits, licenses, certificates and approvals required
to comply with all Laws applicable to the performance of the services. No
violations thereof have been experienced, noted or recorded, that would
materially affect Contractor' s ability to perform the services, and no proceedingis pending or, to the best of the Contractor' s knowledge, threatened that wouldrevoke or materially limit any of them.
In addition to, and without restricting in any way any other obligations or covenants setforth herein, Contractor covenants and agrees as follows:
a) Contractor shall perform its services in a good, safe and workmanlike manner
and in accordance with sound environmental practices;
b) Contractor shall promptly notify the Town of the occurrence of any legal, judicial, or regulatory proceedings affecting, and of any adverse changes in, thebusiness operations or affairs of Contractor that may materially adversely affectthe ability of Contractor to supply the services; and
c) Contractor shall comply with all Laws applicable to its services, includingwithout limitation, all U. S. Department of Transportation laws and regulations.
ARTICLE VI
Force Majeure
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Section 6. 1 If performance becomes impossible due to Force Majeure not contemplated
by the parties, then performance shall be excused during the continuance of such ForceMajeure. Both parties agree to use all reasonable efforts to remedy Force Majeure andresume performance hereunder as soon as possible.
ARTICLE VII
Term
Section 7. 1 The term of this Agreement shall commence on July 6, 2021,
Commencement Date, and shall continue through April 30, 2022.
Section 7. 2 Sixty (60) days prior to the end of the term, Contractor is required to meetwith the Town of Ocean City to evaluate the success of the pilot program and the use of
the composting material.
ARTICLE VIII
Assignment
Section 8. 1 This Agreement shall not be assigned by Contractor without the writtenconsent of the Town. Written consent by the Town shall only be granted if the Town issatisfied, at its sole discretion, that the proposed assignee is financially and otherwiseable to fulfill the terms of this Agreement and maintain all other terms and conditions.
ARTICLE IX
Penalties, Default and Termination
Section 9. 1 In the event of any breach of this Agreement, including but not limited to, failure of Contractor to weigh the Acceptable Waste prior to departing the municipallimits of Ocean City, failure of Contractor to return for the second weighing afterAcceptable Waste is deposited at 11925 St. Martins Neck Road, Bishopville, Maryland
21813, mileage usage reflecting travel other than roundtrip travel to 11925 St. MartinsNeck Road, Bishopville, Maryland 21811, and failure to receive written approval to add
any business to the pilot program, the Town may terminate the Agreement if Contractorfails to remedy the breach within fifteen ( 15) days after written notice of the breachfrom the Town. In the event of any breach of the Agreement by Contractor, Contractorshall immediately cease the operation until the breach is remedied and Contractor shallcease operations permanently if the Agreement is terminated.
Section 9. 2 Town reserves the right to cancel this Agreement at any time for any reasonby providing Contractor thirty days ( 30) written notice by first class mail, of its intentto terminate. All services performed under this Agreement shall cease thirty ( 30) daysafter notice of tennination is sent.
ARTICLE X
Notice
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Section 10. 1 Any notice under this Agreement shall be given in writing to the parties atthe addresses set forth below:
Contractor: Ocean Compost, LLC
Thomas G. Heiderman, Member/ Resident Agent
P. O. Box 3921
Ocean City, Maryland 21843
The Town: Mayor and City Council of Ocean City, Maryland301 Baltimore Ave.
Ocean City, Maryland 21842
with a copy to: Public Works Director
20465 th Street, Building EOcean City, Maryland 21842
ARTICLE XI
Miscellaneous Provisions
Section 11. 1 This Agreement constitutes the entire agreement between the parties
hereto and supersedes all prior negotiations, representations, promises, offers or
agreements, related to the subject matter herein, either written or oral. There are no
representations, warranties, promises, covenants, or undertakings other than those
expressly set forth herein. No changes, alterations, or modifications to this Agreementshall be effective unless in writing and signed by the parties, which specificallyreferences this Agreement by name, parties, and date.
Section 11. 2 The waiver by either party of, or the failure of, either party to take actionwith respect to any breach of any term, covenant, or condition herein contained shallnot be deemed to be a waiver of such term, covenant, or condition or subsequent breach
of the same or any other term, covenant, or condition therein contained. Any waiver ofany breach or term, covenant or condition of this Agreement may be done only inwriting and must be signed by the party giving such waiver.
Section 11. 3 This Agreement shall be governed by and construed and enforced inaccordance with the laws of the State of Maryland.
Section 11. 4 Whenever possible, each provision of this Agreement shall be interpreted
in such manner as to be effective and valid under applicable law, but if any provision ofthis Agreement is held to be prohibited by or invalid under applicable law, suchprovision shall be ineffective only to the extent of such prohibition or invalidity, withoutinvalidating the remainder of such provision or the remaining provisions of this
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Agreement, unless the consummation of the transactions contemplated by thisAgreement is adversely affected thereby.
Section 11. 5 The provisions of Article V shall survive the termination or expiration of
this Agreement.
Section 11. 6 No questions of interpretation concerning this Agreement shall beconstrued for or against any party based on the consideration of authorship.
Section 11. 7 This Agreement may be executed in one or more counterparts, each ofwhich shall be deemed an original, but all of which shall be deemed the same
instrument.
IN WITNESS WHEREOF, we hereunto execute this Agreement, consistingof 9 pages, the day and year first above written.
WITNESS:
WITNESS:
TOWN:
The Mayor and
IC
CONTRACTOR:
Ocean Compost, LLC
of Ocean City,
j BY: zThomas G. Heiderman, Member
CA '&\ k,l
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EXHIBIT A
The Bonfire
7009 Coastal HighwayOcean City, Maryland 21842
The Hobbit
121 81" Street, # 101
Ocean City, Maryland 21842
Dough Roller
6909 Coastal HighwayOcean City, Maryland 21842
Mother' s Cantina
7805 Coastal HighwayOcean City, Maryland 21842
Annabelle' s BBQ & Creamery6401 Coastal Highway
Ocean City, Maryland 21842
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TOWN OF
The White Marlin Capital of the World
TO: The Honorable Mayor, Council President and Members of Council
THRU: Doug R. Miller, City Manager
FROM: Diana Chavis, City Clerk
RE: First Reading - Ordinance 2021-21, 74th/75th Street Alleyways
DATE: October 28, 2021
ISSUE(S): First Reading - Ordinance 2021-21 to close and convey a platted
and unimproved east/west alley between 74th/75th Street bayside
and accept the dedication of an easement to widen the
north/south platted and improved alley in the same block.
SUMMARY: The owners of the Windward Restaurant (75 OC MD, LLC) have
requested to close the easterly portion (100’) of the east/west
10’ wide alley between 74th and 75th streets bayside. The owners
have offered to dedicate a 10’ x 100’ public easement across the
west edge of parcel 212A (Quiet Storm).
As reported at the September 7, 2021, Regular Meeting, staff
has no current or proposed use for the portion of the east west
alley proposed to be closed and conveyed. The current
north/south alley is a 10’ wide right of way and the acceptance of
the easement in this area will expand the alley to 20’ wide.
Owners have agreed to pay to relocate the existing utility pole at
the north entrance to the north/south alley and to pave the new
10’ by 100’ easement area, and also agrees to pave the full
length of width of the improved north/south alley that exists
today. A public hearing was held October 18 with a motion to
declare that the property is no longer needed for public use, to
waive the appraisal based upon dedication of the public
easement, to approve a Memorandum of Understanding and to
move forward with first reading of an ordinance to complete the
property conveyance. The site plan is being finalized by the
owner’s architect and will be included for ordinance second
reading.
FISCAL IMPACT: Not Applicable
RECOMMENDATION: Approve first reading of Ordinance 2021-21.
Revitalized Ocean City: Development and Redevelopment
ALTERNATIVES: Not Applicable
RESPONSIBLE STAFF: Terry McGean, City Engineer
Bill Neville, Director of Planning & Community Development
COORDINATED WITH: Legal Counsel Heather Stansbury
Agenda Item # 9.A
Council Meeting November 1, 2021
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Agenda Item # 9.A
Council Meeting November 1, 2021
ATTACHMENT(S): 1. Ordinance
2. Alley conveyance
3. Alley conveyance overhead view
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1
First Reading ___________________
Second Reading _________________
ORDINANCE 2021 -
AN ORDINANCE AUTHORIZING THE CLOSING AND CONVEYANCE OF A
CERTAIN ALLEY BETWEEN 74TH STREET AND 75TH STREET BAYSIDE, AND
ACCEPTING AN EASEMENT BETWEEN 74TH STREET AND 75TH STREET
BAYSIDE
WHEREAS, Block 109 as designated and distinguished on the Plat of Oceanbay City
recorded among the Land Records of Worcester County in Plat Book O.D.C. 2, folio 76,
contains a platted but unimproved east/west alley and a platted and improved north/south
alley; and
WHEREAS, the street locally known as 74th Street is platted as 42nd Street on Plat
O.D.C. 2, Folio 76, and the street locally known as 75th Street is platted as 43rd Street on the
aforesaid Plat; and
WHEREAS, 75 OC MD, LLC is an adjacent property owner to a Town of Ocean
City platted but unimproved alley that runs east/west between the bayside block (Block 109)
of 74th Street and 75th Street in Ocean City, Maryland (hereinafter “Alley A”), and a
north/south platted and improved alley in the same block; and
WHEREAS, 75 OC MD, LLC has requested a portion of Alley A be closed,
abandoned and conveyed to it, and in exchange offers to widen the existing paved and
improved north/south alley between the bayside block of 74th Street and 75th Street (Block
109) in Ocean City, Maryland by ten (10) feet in width and one hundred feet (100) in length,
and dedicate to the Mayor and City Council of Ocean City an easement for this ten foot by
one hundred foot area (hereinafter “Easement B”); and
WHEREAS, additionally 75 OC MD, LLC agrees to pave not only the new ten (10)
foot by one hundred (100) foot Easement B, but also agrees to pave the full length and width
of the improved north/south alley that exists today between the bayside block of 74th Street
and 75th Street in Ocean City, Maryland, and to relocate an existing utility pole at the north
entrance to the north/south alley, during the development of their new restaurant located in
Block 109; and
WHEREAS, these transactions are pursuant to a Memorandum of Understanding
between the parties dated October 14, 2021; and
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WHEREAS, pursuant to the provisions of the Town of Ocean City Charter, Section
C-414 (49) and (53), 1103 and 1301, the Mayor and City Council of Ocean City conducted a
public hearing October 18, 2021, for the purpose of considering the closure of a portion of
the platted but unimproved Alley A, and the conveyance of said portion of the alley to 75
OC MD, LLC, and to accept Easement B as an addition to the north/south alley; and
WHEREAS, the Mayor and City Council of Ocean City has determined that it is in
the best interest of the public health, safety, and general welfare of the public to close,
abandon and convey the portion of Alley A to 75 OC MD, LLC, as it is not presently, or in
the foreseeable future being used by the public and it serves no public need, and to accept
the dedication of Easement B as an addition to the width and length of the north/south alley,
the paving of the entire north/south alley and the relocation of the utility pole, both the alley
and easement being described below.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR
AND CITY COUNCIL OF OCEAN CITY THAT A CERTAIN PORTION OF A
SPECIFIC ALLEY BE CLOSED, ABANDONED AND VACATED, AND THAT AN
EASEMENT BE ACCEPTED AS SHOWN ON THE PLAN ENTITLED “ALLEY &
EASEMENT ABANDONMENT EXHIBIT” MADE BY LANE ENGINEERING, LLC
DATED OCTOBER 29, 2021, AND INCORPORATED HERETO AS EXHIBIT “A” AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A. That the portion of Alley A shall be closed, abandoned and conveyed as shown
by the backslash hatching on Exhibit “A”, and being more particularly described as follows:
Beginning at the point that is the Southeast corner of Lot 20, Block 109 of the Plat
Oceanbay City, recorded in the Land Records of Worcester County in O.D.C. 2, folio
76:
1) Thence, north seventy six degrees forty eight minutes forty two seconds west a
distance of one hundred feet.;
2) Thence, South thirteen degrees eleven minutes eighteen seconds west a
distance of ten feet;
3) Thence, south seventy six degrees forty eight minutes forty two seconds east a
distance of one hundred feet;
4) Thence, north thirteen degrees eleven minutes eighteen seconds east a distance
of ten feet to the place of beginning, containing 1,000 square feet/0.023 acres.
B. That the north/south alley be widened by ten (10) feet in width and one hundred
(100) feet in length by accepting the dedication of the additional ten foot by one hundred foot
easement to the existing platted and improved north/south alley between the bayside blocks of
74th Street and 75th Street shown by the forward slash hatching on Exhibit “A”, and more
particularly described below and resulting in an alley of twenty (20) feet in width:
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Beginning at a point that is the Northwest corner of lot 5, block 109 of the Plat of
Oceanbay City Recorded in the Land Records of Worcester County O.D.C. 2, folio
76):
1) Thence, South thirteen degrees eleven minutes eighteen seconds west a
distance of one hundred feet;
2) Thence, south seventy six degrees forty eight minutes forty two seconds east a
distance of ten feet;
3) Thence, north thirteen degrees eleven minutes eighteen seconds east a distance
of one hundred feet;
4) Thence, north seventy six degrees forty eight minutes forty two seconds west a
distance of ten feet to the place of beginning, containing 1,000 square
feet/0.023 acres.
AND BE IT FURTHER ENACTED AND ORDAINED that the Mayor and Council
President be, and they are hereby authorized to execute such documents as are approved by the
Office of the City Solicitor to accomplish the above referenced acts of the Mayor and City
Council of Ocean City.
INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on
_______________.
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 ______________, 2021.