February 21 2012 Complete Agenda

8/3/2019 February 21 2012 Complete Agenda

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AGENDAMAYOR AND CITY COUNCIL REGULAR SESSION

TUESDAY, FEBRUARY 21, 2012 4 :3 0 P.M.

1. CALL TO ORDER

2. NOTICE OF CLOSED SESSION 4

:3

0 p.m. 6:00 p.m. Legal, Contractual and PersonnelMatters

3. REPORT ON CLOSED SESSION Legal, Contractual and Personnel Matters

4. PRAYER AND PLEDGE

5. REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION

6. APPROVAL OF MINUTES

A. Work Session dated January 31, 2012B. Regular Session #3 dated February 6, 2012

7. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL

Beach Bus PresentationPresented by: Andy Malis, MGH Advertising

8. PRIVATE EVENT PERMIT REQUESTS

A. Baltimore Ravens Beach Bash Saturday, June 2, 2012Presented by: Lisa Mitchell, Private Events Coordinator and Gabrielle Dow, BaltimoreRavens Football Organization

B. Jesus at the Beach Festival Request Approval for 3-Year Continuation - AddingJuly 28-30, 2014Presented by: Lisa Mitchell, Private Events Coordinator

C. St. Patricks Day Parade Request Approval for 3-Year Continuation AddingMarch 15, 2014Presented by: Lisa Mitchell, Private Events Coordinator

9. PUBLIC HEARINGS

FY 2013 Annual Transportation Plan

10. UNFINISHED BUSINESS

11. NEW BUSINESS

Request to Increase Taxi Cab Base Fare Rates and to Change the Taxi Indicator Roof Light toan Ad CarrierPresented by: Kevin Lyons, Community Cab


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12. REPORTS AND RECOMMENDATIONS FROM THE DEPARTMENT OF PLANNING

AND COMMUNITY DEVELOPMENT

Conditional Use Request to permit water-related recreational activity with (1) parasail boatand (12) wave-runners for a period of ten (10) years. The site of the request is described aslocated on the west side of Philadelphia Avenue, and on Sinepuxent Bay at the Inlet, andknown locally as Inlet Sea Doos, Inc., 710 S. Philadelphia Avenue, in the Town of Ocean CityApplicant: Michael Andrew

13. APPOINTMENTS TO BOARDS, COMMISSIONS AND OTHER CITY ORGANIZATIONS

14. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR

A. Second Reading Ordinance to Establish Parking Rates for All Parking Spaces with CaleMachine Parking (increases rate from $1.00 to $1.50 per hour)

B. Second Reading Ordinance to Authorize the Purchase of Real Property Located at 105

Dorchester Street

C. Second Reading Ordinance to Amend Chapter 30 Entitled Environment (to require that anoise permit control number be displayed on the front door of rental property)

D. Second Reading Ordinance to Amend Chapter 14 Entitled Businesses (to changebusiness license categories)

E. First Reading Ordinance to Authorize and Empower Mayor and City Council of OceanCity to Issue and Sell General Obligation Municipal Purpose and Refunding Bonds not toExceed Thirty Four Million Seven Hundred Thousand Dollars ($34,700,000) Maximum

Aggregate Principal Amount

F. First Reading Ordinance to Amend Budget for FY 2012

G. Resolution Authorizing Mayor to File Application with Maryland Transit Administrationof Maryland Department of Transportation for Grants Under Federal Transit Act

15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER

A. Recommendation of Bid Award for Beach Equipment Franchise

B. Request Approval of Taxi Medallion Transfer

16. COMMENTS FROM CITIZENS 5 MINUTE TIME LIMIT

17. COMMENTS FROM THE MAYOR AND CITY COUNCIL


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REGULAR SESSION -MAYOR AND CITY COUNCILTUESDAY, FEBRUARY 21, 2012

2 Notice of Closed Session 4 :3 0 p.m. 6:00 p.m. - Legal,Contractual and Personnel Matters


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NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

DATE AND TIME: Tuesday, February 21, 2012 4 :3 0 p.m.PLACE: City HallSUBJECT: Legal, Contractual and Personnel MattersVOTE: UNANIMOUS

OTHER: FOR:AGAINST:ABSTAIN:ABSENT:

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of MarylandPURPOSES:

X

1. To discuss:(i) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or(ii) any other personnel matter that affects one or more specific individuals;

2. To protect the privacy or reputation of individuals with respect to a matter that isnot related to public business

3. To consider the acquisition of real property for the public purpose and mattersdirectly related thereto;

4. Consider a matter that concerns the proposal for a business or industrialorganization to locate, expand or locate in the state;

5. Consider the investment of public funds;6. Consider the marketing of public securities;

X 7. Consult with counsel to obtain legal advice;8. Consult with staff, consultants or other individuals about pending or potentiallitigations;

9. Conduct collective bargaining negotiations or consider matters that relate to thenegotiations;

10. Discuss public security if the public body determines that public discussionwould constitute a risk to the public or public security, including;a) the deployment of fire and police services and staff; andb) the development and implementation of emergency plans

11. Prepare, administer or grade a scholastic, licensing or qualifying examination;12. Conduct or discuss an investigative proceeding on actual or possible criminal

conduct;13. Comply with a specific constitutional, statutory or judicially imposed

requirement that prevents public disclosures about a particular proceeding ormatter; or

X

14. Before a contract is awarded or bids are opened, discuss a matter directly relatedto a negotiation strategy or the contents of a bid or proposal, if public discussionor disclosure would adversely impact the ability of the public body to participatein the competitive bidding or proposal process


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3 Report on Closed Session Legal, Contractual andPersonnel Matters


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

Prior to this open session of the Mayor and City Council being held on Tuesday,

February 21, 2012, a closed session was held on Tuesday, February 21, 2012 at

4 :3 0 p.m. The following is a report of the closed session.

1. A statement of the time, place, and purpose of the closed session is attached.

2. A record of the vote of each member as to closing the session is attached.

3. A citation of the authority under the law for closing the session is attached.

4. (a) Topics of Discussion: Legal, Contractual and Personnel Matters

(b) Persons present: Mayor & Interim City Manager Richard Meehan; Council

President Jim Hall, Council Secretary Lloyd Martin; Council Members Doug

Cymek; Joe Hall, Mary Knight, Margaret Pillas and Brent Ashley; City

Solicitor Guy Ayres; Public Works Director Hal Adkins; Assistant

Superintendent of Transportation Brian Connor; MGH Advertising President

Andy Malis; and Executive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

H:\Wpdoc\closedsess.wpd


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5 REPORT FROM CITY MANAGER ON UPCOMINGWORK SESSION


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6 APPROVAL OF MINUTES

A. Work Session dated January 31, 2012B. Regular Session #3 dated February 6, 2012


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7 ITEMS PRESENTED BY THE MAYOR AND CITYCOUNCIL

Beach Bus Presentation

Presented by: Andy Malis, MGH Advertising


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8 PRIVATE EVENT PERMIT REQUESTS

A. Baltimore Ravens Beach Bash Saturday, June 2, 2012Presented by: Lisa Mitchell, Private Events

Coordinator and Gabrielle Dow, Baltimore RavensFootball Organization


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Sun Mon Tue Wed Thu Fri

June

1

PIS MarinChalle

3

PE - Founder Concerton Beach

PIS Karaoke Marines Pull-upChallenge

4 5

PIS - Karaoke6

PIS - Basketball7

PIS - Dodgeball8

PIS MarinChalle

10

Air Show

PE Sand DuelsPIS Karaoke

Marines Pull-upChallenge

11 12

PIS - Karaoke 13

PIS - Basketball 14 15

17

ARTS ALIVE

PIS Karaoke

18 19 20

PE FiremensParade

21 22

Plein-

24

Beach 5 Sand Soccer Plein-Aire

25 26 27 28 29


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Ocean City Private Events

Name of Event: Baltimore Ravens Beach bash New Event: YES Date of Event: Sat., June 2, 2012

Date Application Received: December 29, 2011 Application Fee Paid: Yes

Date Routed: December 29, 2011

Date Returned from All Departments: January 25, 2012 Total Cost to Town: $792.00

Things to Note:

This event is a Charity Flag Football Tournament with celebrity coaches; free flowing beach volleyball games and aMiller Lite Beer Garden.

The event would take place on Saturday, June 2 between 11am and 5pm. The event would be located on the beach in front of the Quality Inn Hotel at 16 th Street, their poolside restaurant and

bar. The space on the beach would ideally be approximately 660ft x 480ft. This space would be used for four60ydx25yd fields, space for two volleyball nets and space for a beer truck/beer garden. There would be security forthe beer garden.

The event coordinators will have a medical trainer on-site. The event coordinators will work with a waste management company the city recommends. The event coordinators are still trying to determine if port-o-lets are needed. All proceeds of this event would benefit the Ravens All-Community Team Foundation. There will be tents erected at the event. There will possibly be air-inflated structures. The event coordinators expect about 100 participants, but the number of spectators is unknown. Sponsors of the event would be Miller, Ocean City and local hotels.

Comments from Department Representatives:

RISK MANAGEMENT Insurance certificate must be submitted prior to the event and Hold Harmless agreementand other disclaimers on the application must be signed and on-file as well.

FIRE MARSHAL The coordinator must obtain a tent permit from the Office of the Fire Marshal. TOURISM Working closely with Ravens marketing staff to promote the event. There will be other events at various

venues throughout town. The Ravens want to make this as inclusive as possible, providing numerous opportunitiesfor businesses to participate.

PUBLIC WORKS Application request no services or equipment from our division. We have trash containers stagedon the beach at this location; however, additional containers will be required for an event this size. Also, at theconclusion of the event, all their event equipment must be removed from the site by 6pm so our division can clean thebeach.

OCPD Will provide additional security at the event and assist with parking/unloading prior to and after the event.Because this would be the first time this event is taking place in Ocean City, we may need to meet with eventcoordinators to determine number of possible participants (celebrities). OCPD recommends and encourages the eventcoordinators to obtain their own security for the actual event and for the protection of the celebrities that would beattending. OCPD will provide the law enforcement presence only. Total cost to the department is estimated at

$792.00. OCBP The organizers are requesting an area of beach approximately 660ftx480ft on a Saturday in June. This area

of the beach is traditionally not large enough to accommodate this much-dedicated space and leave room for otherbeach patrons and a lane for emergency response. Also, the organizers want to have a beer truck/beer garden on thebeach from 11am until 5pm. This is against the law and sets a poor precedent for what OCBP believes about thedangers of alcohol and swimming. I would recommend approval of the event with a modification to the layout of thevolleyball and flag-football areas based on the available space on the beach, but I would not recommend approval of the beer truck/beer garden on the beach.


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REC & PARKS Beach Franchise owner is William Edmunds and he must be contacted in reference to this event.Questions about if the coordinators will offer a raffle, what sort of sales they are considering and are the itemscompliant with the policies of beach use. There was no indication as to whether they were planning to sell or giveaway beer in the beer garden. Council must address a beer garden on the beach as well as Miller as a sponsor.

EMERGENCY SERVICES, TRANSPORTATION and OCCC No comments, concerns or costs.

Date on Council Agenda: February 21, 2012 Date Applicant Notified of Meeting:

Event Approved of Denied:

Date Fees Received: Amount:

Date Insurance Certificate Received: Beach Franchise Notified:

Date Permit Issued:

Other:


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Baltimore Ravens Beach Bash Ocean City, MD

Purpose: The intention of this document is to provide the Mayor and City Council with an overview of the Ravens Beach Bash weekend, and a detailed alcohol management plan for the Beach event onSaturday, June 3 rd.

Overview:

The Ravens Ocean City Beach Bash is a three day festival that brings the power of the Baltimore Ravensto Ocean City to enhance and complement a tradition of kicking off the summer with a Ravens

celebration at the beach. Ravens activities will focus on community, and will be geared towards families,kids, and adults.

The weekend of activities provides an opportunity for Ravens fans on the eastern shore to interact withthe Ravens, provides fans in Maryland and surrounding states with a reason to visit Ocean City, andallows the Ravens to grow team affinity in an area that traditionally supports a diverse group of NFLteams.

- Dates: Thursday, May 30 th Saturday, June 3 rd 2012- Ravens Assets: Cheerleaders, Playmakers, Poe, Coaching Staff, Players, Rise & Conquer

Partnerships:

The Ravens have created several partnerships in the Baltimore area and in Ocean City to make theweekend possible. Current partnerships include:

Strategic Partners:

- 98 Rock - Miller Lite

Local Business Partners:

- Quality Inn

- Holiday Inn- Marriott Courtyard

- Clarion Resort Fountain

bleu Hotel- The Jolly Roger

- The Green Turtle

- Seacrets- Carey Distributors

Advertising and Promotion:

In conjunction with the Ocean City Tourism department and MGH, the Ravens will launch an advertising,promotion, and media campaign in the Baltimore DMA and Eastern Shore to communicate the Ravens


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presence in Ocean City. Advertising will focus on encouraging fans from across the state to participate inthe weekend, and will be communicated through some of the following assets:

- Press Release- Consumer Promotions- Publicity Appearances

- Print Ads- Television Ads- Radio

- Online Advertising- Email Blasts- Social Media- Outdoor Advertising

Evens & Activities:

Thursday, May 31 st:

- 6am 3pm: 98 Rock Live Broadcast from the Quality Inn- 3pm 7pm: Miller Lite Welcome Party at Seacrets- 8pm 10pm: Playmakers to visit local bars

Friday, June 1 st (Purple Friday):

- 6am 10am: 98 Rock Bacon & Beer at the Original Green Turtle- 8am - TBD: Ravens Purple Friday Caravan: Will include visits to local establishments:

o Ocean City Elementary Schoolo Buckingham Elementary Schoolo Showell Elementary Schoolo Castle in the Sand (Ravens Roosts Headquarters)o Spinnaker (Ravens Nests Headquarters)o Mayors Office

- 10am 2pm: Purple Friday Lunch Location: Live Broadcast with 98 Rock and Miller Lite- 3pm 7pm: Miller Lite Bar Crawl- 6pm 10pm: Family Fun Night at Jolly Rogers- 7pm 10pm: 98 Rock Live Broadcast with Miller Lite: Locations TBD

Saturday, June 2nd

- 10am 3pm: Ravens 7on7 Football Tournament Presented by Under Armouro High School Flag Football Tournament at Steven Decatur High School.

- 10am 12pm: Participation in the Ravens Roosts Parade- 12noon 5pm: Ravens Beach Bash Presented by Miller Lite

o Ravens All Community Team Foundation Flag Football Tournament


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Managed by ASG (Same as the Sand Soccer Tournament)o Volleyballo Miller Lite Beer Garden

- 2pm 4pm: Playmakers and Miller Lite Bar Visits- 7pm 10pm

o Concert at TBD location

Saturday Alcohol Management Program:

The Miller Lite Beer Garden will be a part of the Ravens Beach Bash event and Adult Flag Football

tournament. The flag football tournament will be a 24 team tournament with individual participantspaying between $80 to $200 per entry depending on the division. All proceeds from the tournament andthe Beer Garden will benefit the Ravens All Community Team Foundation and a local Ocean City charity.The Miller Lite beer garden will be an essential element of the atmosphere of the beach bash event, anda critical component of funding the weekend for the Ravens in Ocean City.

Location:

The Tournament and beer garden will take place on the beach in front of the Quality Inn Hotel.The Ravens are requesting approximately 800ft x 200ft area to accommodate six(6) 180ft x 75ftfields, two (2) volleyball courts, a 200ft x 150ft Miller Lite beer garden and additional beachgames.

Participation:

This component defines who will be allowed to receive a wristband to obtain access to theMiller Lite Beer Garden: Adults who are 21 and over who meet one of the following:

o Have a Ravens Beach Bash credential which can be obtained through the purchase of aRavens Beach Bash weekend package from one of the partner hotels.

o Have registered and purchased an entry into the Ravens All Community TeamFoundation Flag Football Tournament.

o Received a Ravens Beach Bash credential as a part of the Ravens corporate hospitalitygroup.

The total pool of people who will be eligible to receive a wristband to the Miller Lite Beer gardenwill not exceed 3,000. However, the total capacity of individuals with access to the beer gardenat any given time will not exceed 1,500.


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Security:

The Ravens will contract with Blake, Brown & Chaplin Staffing Services to provide security forthe Miller Lite beer garden. BBC Staffing services is a member of the Ocean City Chamber of Commerce and has experience providing security at large scale events including Ocean City BikeWeek and Monster Energy Drink Dub Car Show.

There will be two entrances and exits to the beer garden and security will be placed in bothareas as well as along the perimeter of the beer garden. The beer garden will be fenced in andno alcohol will be permitted to leave the area.

ID Process:

o Security will verify that the person entering has a Ravens Beach Bash credential andsecurity will then hole punch the credential in the appropriate location to make sure itcannot be passed back.

o Security will then check the ID of the person entering the Beer Garden to verify they are21 years of age or older. All entrants will be ID regardless of age appearance.

o Upon confirmation of age, security will securely place a wristband on the wrist of theperson entering the beer garden.

Security Staff: 15 Security Officers

Charity Organization:

The Ravens will partner with the Red Knights to secure a temporary alcohol license and to servebeer during the event. The Red Knights were chosen based on their experience in preformingsimilar services for the OC Air Show, and for their commitment to providing charitable servicesin the Ocean City area.

Alcohol Consumption/Distribution:

o Beverage Type: Miller Lite beero Size: 12 oz. aluminum canso Distribution Method: Cans will be served by the Red Knights charity organizationo Price: Beer will be sold for $3 each (Price is subject to change)


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Medical Emergency:

While the Ravens will have trainers on-site for the flag football tournament, the primary contactfor medical emergencies will be 911.

Alcohol Responsibility:

To encourage responsible drinking behavior, Miller Lite will purchase a minimum of 1,000 buspasses to be distributed during their bar and beach events. Additionally, signage encouragingresponsible consumption of alcohol will be posted in and around the beer garden.

Sanitation:

The Ravens are planning to contract with Atlantic Pumping to provide 8 portable toilets for thearea. The Ravens will also provide additional recycling bins and trashcans.

Event Layout:

The following pages show two potential layouts for the area. The layouts are flexible and theRavens are open to suggestions for alternate configurations.


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Mayor and City Council

City Hall

301 Baltimore Avenue

Ocean City, MD 21842

February 16, 2012

Dear Mayor and City Council Members:

The Ocean City Tourism Advisory Board (TAB) would like to formally support the Ravens Beach Bash

Special Event Application being presented. This is a professional organization and a family orientedevent that will provide Ocean City the opportunity to partner with the Ravens and NFL brand. Theproposal is well thought out and responsible, especially with regard to the alcohol managementprogram. The schedule of events is impressive and attractive to many different market segments withan opportunity for interaction and participation with the Ravens assets. Further, there are a variety of local business partnerships as well as a community minded focus. We hope that you will approve thisevent for May 30-June 3, 2012 as presented. Please feel free to contact me with any questionsregarding this letter of support at 443-880-3555.

Sincerely,

Melanie Pursel, Chair

Tourism Advisory Board

CC:

Deb Turk, Director of Tourism


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B. Jesus at the Beach Festival Request Approval for3- Year Continuation Adding July 28-30, 2014

Presented by: Lisa Mitchell, Private EventsCoordinator


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1 2 3 4

6 7 8 9 10 11

13 14 15 16 17 18

20 21 22 23 24 25

27 28

Jesus at the Beach29



July


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Ocean City Private Events 3-Year ApprovalName of Event: Jesus at the Beach

Date of Event: Requesting event approval for July 28-30, 2014

Cost to the Town of Ocean City to support this event: Between $3,343.00 and $3,640.00

Things to Note:

Last year Gary Steger for Jesus at the Beach, Inc. was granted a 3-year event approval for the Jesus at the Beach event.The dates approved were July 25-27, 2011, July 30-August 1, 2012, July 29-31, 2013.

Gary Steger for Jesus at the Beach, Inc. would like to continue this provision, and requests Council approves thisevent for the date of July 28-30, 2014.

All appropriate documents have been supplied and fees have been invoiced.


OCPD Will assign 1 officer to the event as needed for crowd control. If this is necessary, maximum cost to thedepartment would be $297.00

Public Works Will set-up equipment and post necessary streets for parking as listed on the request. Last years coststo support this event were $3,343.00.

Risk Insurance Certificate to be submitted prior to the event. OCCC, Transportation, Fire Marshal, OCBP, Emergency Services, Rec. & Parks and Tourism No comments.

Date on Council Agenda: February 21, 2012

Council Ruling: ________________________________________________

Applicant Notified of Meeting Results: _____________________________


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C. St. Patricks Day Parade Request Approval for3- Year Continuation Adding March 15, 2014

Presented by: Lisa Mitchell, Private EventsCoordinator


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March

2 3 4 5 6 7

9 10 11 12 13 14

16 17 18 19 20 21

23 24 25 26 27 28

30 31


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Ocean City Private Events 3-Year ApprovalName of Event: St. Patricks Parade

Date of Event: Requesting event approval for March 15, 2014

Cost to the Town of Ocean City to support this event: $ 19,495.00

Things to Note:

Last year Buck Mann for the Delmarva Irish American Club was granted a 3-year event approval for the St. PatricksDay Annual Parade. The dates approved were March 12, 2011, March 17, 2012 and March 16, 2013

Buck Mann for the Delmarva Irish American Club would like to continue this provision, and requests Councilapproves this event for the date of March 15, 2014.

All appropriate documents have been supplied and fees have been invoiced.


OCPD If parade participants distribute candy, they must do so away from moving vehicles. Parade participantsmust not attempt to distribute candy, etc. to vehicles traveling in the southbound lanes because it impedes traffic.Parade participants need to stay out of the buffer lane during the parade. Street vendors need to have business licenseand stay out of the buffer lane. Total cost to the division to support the event is $4,702.00

Public Works Public Works will provide set-up of traffic flow on Coastal Highway and equipment for the festival at45 th Street Village. Total cost to the division for last years event was $14,793.00.

Risk Insurance Certificate to be submitted prior to the event. OCCC Normally, the Convention Center absorbs some overflow parking by the parade visitors, but it should not be

a problem this year with the only event in the Convention Center on March 17 th being the Annual Chambers JobsFair.

Transportation Will provide service as follows: Southbound bus passengers wishing to board or alight in the area of the parade route will do so at areas adjacent to southbound bus stops. In addition to regular north-south bus service,a north and south bus loop will be established/provided to mitigate the effects of southbound vehicular congestion

approaching 45 th Street and north bound passenger crush loads on busses below 45 th Street. One tram will beprovided for M&CC for use in the parade. A shuttle bus will be provided for parade personnel for transport back to61st Street.

Fire Marshal, OCBP, Emergency Services, Rec. & Parks and Tourism No comments.

Date on Council Agenda: February 21, 2012

Council Ruling: ________________________________________________

Applicant Notified of Meeting Results: _____________________________


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9 PUBLIC HEARING

FY 2013 Annual Transportation Plan


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C:\Documents and Settings\gthornes\Desktop\Transportation Grant Application 2013.doc

MEMORANDUM

TO: Richard W. Meehan, Interim City Manager

FROM: George T. Thornes, Superintendent of Transportation

RE: ANNUAL TRANSPORTATION GRANT

DATE: February 13, 2012

Each year The Town of Ocean Citys Transportation Department requests funding for transitservices through the 5311 Transportation Grant. We are requesting funding for both capitalprojects and operating expenses. Below is our list of our capital requests:

Items Being Requested Requested FundingDesign and Engineering of a Bus Barn $1,250,000Transit Bus, (40' Heavy Duty) 19 @ $441,000 $8,379,000Preventative Maintenance on Rolling Stock $500,000Two-Way Radio Replacement $225,000Power Wash, Caulk, Stain and Paint the Park & RideTransit Center $15,000Power Wash, Caulk, Stain and Paint the North End TransitCenter $15,000Midsize Hybrid SUV 2 @ $31,500 $63,000Service Truck with Utility Body $22,300Remove and Replace Decking at the Park & Ride $100,000Repair Fire Suppression System & Maintenance $15,000Overhead Door Repair and Maintenance $8,0003 Year Preventative Maintenance Contract for the MoneyRoom Equipment $9,500

Passenger Shelters and Parts $50,000Total $10,651,800

All of these requests are published in the Public Hearing Notice.


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PUBLIC HEARINGFY13

ANNUAL TRANSPORTATION Overall Budget $5,042 Revenues

Fare Box $2,235Advertising $ 24

Senior Bus Passes $ 8,5Coupon Book Sales $ 182,Servic e Charges Greyhound $ 21,1Service Charges Medtrn $ 13,5

Operating GrantsFederal $ 684State $ 3ADA (State) $ 110

Operating Budget (Revenues + Grants = General Fund General Fund Contributions $1,510,6


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CAPITALTypical Capital Funding is based on 80% Federal, 10% State and a 10% local match

TOTAL COST Bus Barn Design and Engineering $1,250,000 $1 19 40 Transit Buses (6 40 Transit Buses) $8,379,000 $83 Preventative Maintenance on Rolling Stock $ 500,000 $ 5 Two-Way Radio Replacement $ 225,000 Power Wash, Caulk, Stain & Paint the Park &

Ride Transit Center $ 15,000 Power W ash, Caulk, Stain & Paint the North

End Transit Center $ 15,000 Two (2) Midsize H ybrid SUV $ 63,000 Service Truck with Utility Body $ 22,300 Remove and Replace Park & Ride Decking $ 100,000 $ Repair Fire Suppression System

& Maintenance $ 15,000 Overhead Door Repair and Maintenance $ 8,000 $ Three (3) Year Preventative Maintenance

Contract for Money Room Equipment $ 9,500 $ Passenger Shelters and Parts $ 50,000 $

LOCAL MATCH:


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11 NEW BUSINESS

Request to Increase Taxi Cab Base Fare Rates and toChange the Taxi Indicator Roof Light to an Ad Carrier

Presented by: Kevin Lyons, Comm


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January 14 2012

M Rick Meehan

MayorInterim City ManagerTown of Ocean CityP ox 158

Ocean City MD 21842

Re 1 Increase in Fare Reques ts

2 Request to Use Ad Carriers on Taxis

Dear Mayor Meehan

Kevin LyonsTrading as Community Cab Ocean CityMedallion15 4

405 Robin Drive 26Ocean City MD 21842

410 289 0414 or 443 373 6176

Due to increased costs of fuelinsurancemaintenancerepairs etc and th e fact that fuel is up over adollar a gallon from last year th e O c e a nCityTaxi merchants a n dI respectfullyre q ue s t th efollowingTo help offset th e i n c r e a s e dexpense we h e r e b yr e q u e s tt h a tth e O c e a nCityCouncil in c re a se th etaxicab rate to a b a s efare of 3 0 rom 3 0 e also request that the tenth of a mile rate b e increasedto 28 cents from 22 cents

In addition we request that if th e price of fuel in O c e a nCity e x c e e d sth e AAAa v e r a g eof 4 0 er

gallon that th e O c e a nCity Council authorizes O c e a nCity taxis to a d d a 1 0 u r c h a rg ep e r fareAccordingto news reports fuel is anticipated to continue tor i seup to th e 5 0 er gallon r a n g ein th enext year

And finallywe a re re q ue s tin g th a tth e O c e a nCity Council give th e taxi o w n e r sth e option to c h a n g eth e taxi indicatorlight to a n a dcarrier see a t t a c h e dexample Adding this sign would potentiallyallow the taxi owners approximately1 00 in revenue for the year to help defraythe rising c o s t sofinsurance maintenance repairs and th e cost of purchasing newervehicles

Attached is a petitionby O c e a nCity Taxi ownersdrivers requesting th e above items b e p a s s e dby th eO c e a nCity Council Failure to i n c r e a s eth e s e ra te scontinues to put a n additional burden o n th etaxiownersdrivers causing an increased risk of being unable to continue to afford to operate the taxis

Respectfullyyours

Kevin J Lyons

Attachments 21 Photos of Ad Carriers on Taxis2 Petitions with Signatures


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Fares in Other Cities

RehobethBeach

De 3 0Drop

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1 0mile

Lewes De 3 0 Drop 0 7 er 1 0 mile

Aspen Co 3 5 Drop 0 6 er 1 0 mile

Vail Co 3 5 Drop 0 5 er 1 0 mile

Myrtle Beach SC 3 0 Drop 0 8 er 1 0 mile

Dover De 2 5 Drop 0 7 er 1 0 mile

Atlantic City NJ 3 0 Drop 0 7 er 1 0 mile

Virginia Beach Va 3 5 Drop 0 0 er 18 ile

Washington DC 3 0 Drop 0 6 er 1 0 mile

Arlington Va 2 0 Drop 0 8 er 1 0 mile


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Sample of Current Taxi Roof Sign

Proposed Samples of Taxi Roof Signs with Ad Carriers

yvas

Kevin LyonsCommunity Cab Medallion 154


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Taxi Cab Petition January 2012

e th e undersigned support the increase in th e b a s etaxi rate to 3 0 nd th e tenth of a mile rate increase to 28 W e also support the request to add a0 urcharge to taxi fares if th e price of fuel in Ocean City rises above th e AA Aaverage of 4 0 er gallon

ese increased rates are requested due th e continued rising costs of fuelinsurancemaintenance and repairs of ou r taxi vehicles

e also request th e o p tio n to replace our current taxi indicator lightswith an a d carrier sample attached

ilure to increase these rates puts an additional burden on th e taxi ownersdrivers w ith th eincreased riskof being unableto continue to afford tooperatetaxis


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Name

Ownernd or D r i v e rDate Address

Signature

VIv A T e A u n I rcrs i1 q aotagi4 r C 1n Ur 1 oE 12 7 3

r a acALA 1e q a s ia PO 6 dc 53 C12a rj Y cx 1

hA rL f 1 iq e2 q 3C R4 0 h F F f610 C1P D VCK 14 12 l 1J S S 6T 0 06 lf d rg 1 tf q Dy4 r e ci zaz

50P11 5 S o m e c 9 e c t5 1 D Cy12 q 3 e l Z

A ar a c k Jni vet b eIi

2 6 3a Cl n ei e SQ is ciA

0 1 1ttli

c y VA l f I iq 2 0 a m 1 4 AAY1 m i P r 7 4 AZ Olontc 1 h 1 12 0 a V1 f V

o U1 5 6i4 c Li e i 2 a1 li h d r el lZ r I Ig7 04 k iti doiov 0 co 72 1I 2 And h4 de li i 1 41A r G u 0A Li t la m 0 i I AJL 01

Taxi Cab Petition January 2012

e the undersigned support the increase in th e base taxi rate to 3 0 nd the tenth of a m i le r at e increase to 28 W e also support the request to add a0 urcharge to taxi fares if th e price of fuel in Ocean City rises above th e AAA averageof 4 0 er gallon

hese increased rates are requested du e th e continued rising costs of fuelinsurancemaintenance and repairs of ou r taxi vehicles

e also request th e option to replace our current taxi indicatorlightswith an ad carrier sample attached

ailure to increase these rates puts an additional burden on t h e ta xi o wne rsdrivers w ith th eincreased riskof being unable to continue to afford to operatetaxis


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RESOLUTION 2011

RESOLUTION ESTABLISHING CERTAIN MAXIMUM

TAXICAB RATES FOR MUNICIPAL TAXICABS PURSUANT

TO SUBSECTION 10271 n F THE CODE OF THE TOWNOF OCEAN CITY MARYLAND

NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OFOCEAN CITY THAT EFFECTIVE THE RENEWAL DATE OF APRIL 1 2011 THEMAXIMUM INITIAL FARE SHALL BE 3 0 HE MAXIMUM MILEAGE CHARGE

SHALL BE 2 0 ER MILE AND THE MAXIMUM WAIT TIME IS 0 3 ER MINUTE

AND BE IT FURTHER RESOLVED THAT EXCEPT AS HEREBY MODIFIED ALL

OTHER CHARGES HERETOFORE ESTABLISHED SHALL REMAIN

RESOLVED this 29th day of March 2011

LA WO F F M C E S

AYRESJENKINSGORDY A L M A N DPA

ATTEST

KATHLEEN AP ATHIAS Clerk

Approvedas to form

1G

ice Lr

S S HALL President

LLOYD MARTIN Secretary

SUITE 2006200 COASTALH I G H W A YOCEANC IT Y M O21842


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First Reading Fe et 4 r y 2

SecondReading Fe u r y t Gz I U

ORDINANCE 20101

AN ORDINANCE TO AMEND CHAPTER 102ENTITLED VEHICLES FOR HIRE OF THE

CODE OF THE TOWN OF OCEAN CITY MARYLAND

WHEREASmunicipalitiesin Marylandare empoweredto displaceo r limit competitioin publictransportationand in concessionfo ru s e on over and under publiclyownedpropertypursuant to Article23A Section2a a1 nd d1 d Code Anno and

WHEREAS Sect ionC 415 B1 nd 4 f th e Charter of M a y o rand City Counc i lofOcean Cityauthorizes the exerciseof such powers a s s e t forthherein

NOW THEREFORE BE IT ENACTED AND ORDAINED BY THE MAYOR ANDCITYCOUNCIL OF OCEAN CITY THAT CHAPTER 102 ENTITLED VEHICLES FOR HIREBE AND IT IS HEREBY AMENDED REPEALING AND REENACTING WITHAMENDMENT DIVISION 1 OF ARTICLE II AND REPEALING AND REENACTING WITHAMENDMENT SECTION10 51 02 52 02 53 ND 10257 AS FOLLOWS

DIVISION 1 GENERALLY

Sec 102 31 Definitions

LAW OFFICES

AYRES JENKINSRDY ALMAND PA

Whenever any words and phrases are used in this chapter the meaningsrespectivelyascribed to th em in Ann Code of Md TransportationArticle shall be deemed toapply to such wordsand phrases used herein The followingterms wheneverused herein shalhave the respective meanings assigned to them unless a differentmeaning clearlyappears fromthe context

Corporate holder A legal entity other than an individual authorized to dobusiness in th e State of Maryland whichacquires th e use of o ne o r m o re ta xic abmedall ions

Fleet holder A c o rp o ra te o w n e ro r individual own e r holdingmore than o netaxicab medallion Th e M a y o rand City Counc i lmay by resolution limit th e numberof taxicabmedallions that c an be held by a fleet holder

Independentholder A corporateownero r individualownerholdingno more thanone taxicab medallion

SUITE200Individual holder A person who acquires th e use of o ne o r m o r e taxicab

COASTAL HIGHWAY medallionsEAN CITYMD 21842


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Multiplefares Solicitinganotherpassenger whilee n route to the destinationofpassengers initially occupyingthe taxicab Compellinga passenger in a taxicab to share thetaxicab with another person

Owner Th e person o rbusiness entity in whose name a taxicab is registered with

th e Motor Vehicle Administration of th e State of Maryland and w h o acquires th e use of o ne o rmore taxicab medallions

PoliceCommiss ion Th e Ocean City Police C o m m i s s i o n

PoliceDepartment PoliceDepartment of Ocean City Maryland

Revoke tax icabmedallion To permanentlyprohibit from operatinga s a taxicabin Ocean City Maryland

Revoketaxidrivers ermit To permanentlyprohibitfromoperatinga s a taxicabin Ocean City Maryland

Suspend taxi drivers ermit To temporarilybar from operating a taxicab inOcean City Maryland

Suspend taxicab medallion To temporarilybar from operating a s a taxicab inOcean City Maryland

Taxicab A motorvehicleprovidingpassenger fo rhire o r fo rotherconsiderationwhichpicks up a n ddischarges p a s s e n g e r sa t random o r who hail th e vehicle from the streetsolicitscustomersa ta publicor privatetaxi s tand oris dispatchedto pickup customerswho callfor a taxicab A limousine is no t a taxicab unless it is utilized as herein described

Taxicab deca l The annua l inspectioncertificate

Taxicab medallion A license plate issued under this art icleto a taxicab to b eoperated in Ocean City M ary la nd inaccordancewith the requirements of this article Thetaxicab medallion must be prominentlyd is pla ye d o n drivers ide front windshield This

medallion is th e property of th e Police Department

Taxi drivers ermit An identificationcard issued under thisarticle to operate a

taxicab in Ocean City Maryland This permitis the propertyof the PoliceDepartmentTaximeter Means any mechanicalo r electronic instrumentor deviceby w hic

taxicab fares are computedand plainly indicated


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S ec 10232 Requirements

a No taxicabshallb e operated withinthe limitso fOcean City Marylandu n l e s sit is licensed pursuantto this art icleo r is licensed by s o m eother governmentalagency that ismerelydeliveringp e o p l efromth ejurisdictiono fs u c ho t h e rgovernmentala g e n c yto O c ea nCity

b icensing proc edure

1 Th e Police Commiss ionis authorized to issue up to 1 7 5 taxicabmedallions up to85 to be issued to fleetholders and up to 15 to be issued to independentholders

2 Taxicab medallionsshallbe awardedby a process themanner o fwhichis to bedetermined by th eMayora n dCityCounci lPaymentof the medallionprice under th einitialp r o c e s sshall b e 10 a t time o faward 10 o nAp ril 1520 o nMay 15J u n e15 July15 and August 15 If a payment is no t made on a due date the medallionis automaticallyrevoked Taxicab medallionsawarded afterth e initial process shall be payable o n o r at time ofaward

3 Successfulbidders shallprovidethe names and a d d re s se s u s edfo rth ep a s t5 y e a r so fe a c hm e m be r o rs t o c k h o l d e rofa c o r p o r a t eh o l d e ra n dth es a m einformationfothe individualholders Each member o r individualm ust sign an authorizationfo r the PoliceD e p a r t m e n tto perform a criminalb a c k g r o u n ds e a r c ha n dp a yto th e P o l i c eD e p a r t m e n tth erequisite fee fo r such service

4 holdero fa taxicabmedallionm u s th a v eth etaxicabfullyo p e r a t i ounder this article within3 0 d a y sof the successfulbid or th e medallionmust b e returned to th ePoliceCommissionwithouta t

o c

5 fa noperational taxicab licenseb e c o m e sinoperablea n disno tr e p a i r ea n dreinspectedr e p l a c e dor transferreda sh e r e i nprovidedwithino n eyear th emedallionm u sbe returned to th e Police Commission without a refund

6 A holderof a taxicabmedallionmay transfer the medallionto anothervehicleownedby th eholder upon notificationto th ePoliceDepartment providedt h a ts u cvehiclemeets all requirements of this article

7 f a taxicabmedallionis paid in full the holdero fa taxicabmedalliomay transferth etaxicabmedallionto a n o th e rholderprovidedhowevert h a ta f l e e tholderm atransfer to eithera fleetholder orindependent holdera n da n independentholdermay onlytransferto a n o th e r in d e p e n d e n tholderto maintaina tl e a s ta 25 holderratio to i n d e p e n d e n tholders Inthe event of a transfer to anotherholder the transferee must complywithsubparagraph 3 hereob e a p p r o v e dby th eMayora n dCityCouncila n dp a yon toth eMayora n dCityC o u n c i la s u me q u a lto 25 o fth e t r a n s f e rp r ic e p a id b yth e t r a n s f e r e eBoth t r a n s f e r o ra n dt r an s f e r eeshap r o v i d eth eM a y o ra ndCityC o u n c i lwitha s w o r naffidavita n dbillo fsa lea t tes t ingto th et r ans fprice


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8 The annual renewalmedallionfee shall be 500 0

c No taxicab licensed underthis article shallbe operated withouta taximeteroperated in accordance with the provisionsof this ordinance when transportingp a s s e n g ebetweenpointsin Ocean City a pointin Ocean Cityto a pointoutsideOcean City a pointoutside

Ocean Cityto a pointin Ocean City o r a pointa t a n Ocean Cityowned facilityto a p o int inoroutside Ocean City

1 Th e Pol ice Departmentwill inspect test approve and then seal th etaximeter

2 The taximeter must be accurate within an error in calibration of no tgreater than five percent and in operatingcondit ion The type of metermust be approvedby the PoliceDepartment

3 The taximeter shall be mounted on the dashboard and connected to th e

transmissionspeedometer cableo r speed sensor in a manner approvedbyth e Police Departmentand must no t obscure the visionof the operatoro rpresent a hazard to th e passengers

4 Th e lights in the taximetermust be on to indicate the meter is operating

5 The taximeterreading fare must be visibleto the passengers a t all times

6 A taxicabdrivermay no t charge a fare in excess of th e taximeterreading

7 A taxicab driver may no t charge a fare if the taximeter is not operatingduring a ride

8 If th e taximeter breaks down is stolen o r becomes inoperable fo r anyreason the PoliceDepartmentwill do a n inspectionon the new or repairetaximeterwithin 48 hours of the request fo r in spec tion

9 It is u nla w fu l fo rany person to tamper with o r break the taximeterseal

10 It shall be unlawfulfo r an y person to opera te any taxicab with a brokentaximeter seal

11 The Police Departmentshall inspect the taxicab taximeterannually andmay conduct randominspections a s needed

12 It shallbe unlawfulfo rany taxicabto display internallyo r externallyanyadvertising materialsexcept the name of th e taxicab o w n e r


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13 As of March 1 2007 all tax icabs sha llbe equipped with a driver needshelp o r panic light pursuant to standards established by the PoliceDepartment

d A taxicab must have a minimumof fourdoors o r be a minivan

e A tax icab musthave an operational heatingsystem and if equipped withairconditioningthe air conditionermustbe operationalAfterMarch31 2010 no taxicabmedallionwill be issued for a taxicab which does not have an air conditioning system

f ll holders shallacceptcreditcards fo rpaymentof fares providedthat holdershave until March 31 2013 to be compliant

g All taxicabs l icensed underthis article must be registered withthe MotoVehicle Administrationof th e State of Maryland Vehic l es mustbe registered in either thecompanyname o r th ename of the business license holder

h All taxicabs licensed underthisarticlemust file withth eTowno fO c e a nCitya certificateprovingin s u ra n c e c o v e ra g ecurrentlye x i s t sfo rth evehicleto b e u s e da s a taxicaba tthe time of the initialannual inspection The coverage shallbe fo rinjuryto o r death of personsin accidentsresulting fromany c a u s eof whichthe ownerof the vehiclewouldb e liableby lawr e g a r d l e s so fw h e t h e rth et a x i c a bw a sb e i n gd r i v e nby th eowneremployeea g e n to rl e s s eea n da g a in s t d a m a g eto th epropertyo fanotherincludingp e r s o n a lpropertyin th eminimuma m o u na s requiredby th e S t a t eo fMaryland T h etaxicabmedallion holdershall h a v etheir i n s u r a ncarrier name the Town of Ocean Citya s a Certificate Holder further requiringthat the Townof Ocean City be notifiedof any cancellationor termination of insurance coverage The

cancellation orterminationof any coverageo rpolicyshall automaticallyterminate a n drevokethe taxicab medallion issued to the taxicab covered by such policy unless another policycomplyingwith th e provisionso f this s e c t i o nis provideda n dis in effect a t th e time o f th ecancellation or termination

i ll taxicab medallionholders licensed underthis article shall establispoliciesa n d ta keactionto discourageprevent o r correctviolationso fthis Chapterby taxicabdrivers employedor co ntractingwiththe taxicabmedallionholder No taxicabmedallionholdewill allowa taxicabdriverwho is employedby them o rwhomis contractingwiththem to drivea taxicabif the medallionholderknowso rh a sreasonablec a u s eto knowthat the driverh a sfailedto complywith this Chapter any applicable loca ls t a t eor federal law includingany rules or

regulationsestablished by either the M a y o rCity Counc i lo r th e PoliceCommiss ion

0 Every taxicaboperatingunder th is Chapter shallbe kept clean a n dsanitaryaccordingto rules and regulations whichmay fromtime to time b e determined a n dadopted byth e Police Commiss ion Th e PoliceDepartment shall ensure all taxicabs are inspected a t leasttwiceannually fo r compliancewith this sect ion

S ec 102 33 Taxicab inspectioncertification

Th e owner shall obtain a n inspection certificate from a n inspection stationlicensed by the AutomotiveSafetyEnforcementDivisiono fthe MarylandS t a t ePolicefo re a c


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taxicab The company shallprovide a copy o f the inspection certificateand the inspectionworksheetto the PoliceDepartment All taxicabs licensedunder this article shall be inspectedbyth ePoliceDepartment Alltaxicabs licensed underthisarticleshallp r e s e n tproofo finsurancevehicleregistrationand a n Ocean Citybusiness license a t the initialyearlypermittingprocessAll c a bcompanies shallrequire o ftheiri n s u r a n c ecarriermo nthly verificationo fi n s u r a n c eformFR19 b e s e n tto th e PoliceDepartment The Police Department shalli s s u eto e a c ho f th ea p p r o v e dc a b sa taxicab inspectiondecal wh ichs h a l lb e prominentlyd i s p l a y e din th e re awindow Th e PoliceDepartment shall co mplete random inspectionsof taxicabslicensed underthis article

S ec 10234 Taxicab inspec t iondecal yearly fee

The taxicab inspectiondecal fe e will be se t yearly byrecommendationo f th ePoliceCommiss ionand established througha resolutionof th e M a y o rand C o u n c i l

Sec 102 35 Term

The annual taxicab inspectiondecal shall expire on March3 1 of e a c hyear

Sec 10 236 Identification and signage

a T h efulln a m ea n dte le p ho n e n u m b e ro fth eholdero fe a c ht a x i c a bfo rwhicha taxicabmedallionis required shallb e prominentlydisplayedon th eoutsideo fth etaxicab T h etaxicabs nique n u m b e ra s s i g n e dby th ePoliceD e p a rtm e n t s ha llb epermanentlyaffixedto o n edooron each side o fthe taxicaband to the rear bumper The characters shallbe a t l e a s ttw o a n do n ehalf i n c h e shigh a n dth ewordtaxicab taxi o rcab s h a l la p p e a rc o n s p i c u o u s l yo n thvehicle

b a c hta x ic a b s ha llh a v ea p e r m a n e n t l ymounted roofsign whichm u s tb ewired intothe taximeterso that th e lightis off during a fare a n don when th etaxicab is availablefor hire

c Every taxicab operated under a medallionissued by th e provisionso f thisc h a p t e rs h a l ld i s p l a yth efollowingin a m a nn er tob e plainlyvisibleto a n yp a s s e n g e ri n s ideth etaxicab

1 A card showingthe current taxicabfare rates fo rOcean City MarylandThis card shall be issued b y th e PoliceDepartment

2 Included on this card will be the unique number of the taxicab and thetelephone number o f th e Police Department fo r any compliments orcomplaints

d T h et a x i m e t e rfo re a c hta x ic a b s h a llb e p r o g r a m m e dfo ronlyo nefa rerate

S ec 1 0 237 Suspension orrevocationof taxicabmedallion


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a Th e Chie fof Policemay immediatelysuspend o r revokethe meda llion fo ranindividual taxicab for an y of th e following reasons

1 Failure to maintain th e taxicab as required by Maryland Vehicle Law ifsuch failure consti tutesa hazard to public safety

2 Failure to maintain insurance a s required by law

3 Using a taxicab that does no t m eet th e qualificationsrequirementssetforth in this article if such failure consti tutes a h a za rd to public safety

4 Willful or cont inuedfailure to comply with an provision of this article o rany other law o r ordinance regulating the operation of taxicabs withinOcean City Marylandif such failureconstitutesa hazard to publicsafety

5 Payment of permit fee with a bad check insufficient funds o r closedaccount

6 Falsificationof any documentfalse sta tement on any applicationo r anyfraud co mm it ted duringthe taxicab permitting process

7 Suspensionof vehicleregistration

8 Failure to pay th emedallionprice when due and any of the fe es s e tforthin this article

b The Chiefo f Policemay recommendthe suspension o r revocationo f th emedallion for an individual taxicab for violation of this article which does not co ns titu tea hazardto public safety

S ec 102 38 Taxicab medallionsuspension o r revoca tion appeal

Anytaxicabwhosemedallionis recommendedfo rsuspension or revocationor iss u s p e n d e dorrevokedby th eChiefo fPolicemay a p p e a ls u c hdecisionto th ePolice Commissiowithin 14 calendar days

1 Tw o members of th e po lice commiss ionwill conducta hearing o n theappeal within 48 hours of th e request This two member panel m ayaffirm modify o r reverse the decisionof the Chie fof Police

2 Any furtherappeal wouldbe to the CircuitCour tfo rWorcesterCountyMaryland

S ec 10251 Required

No person shall operate a taxicab withinthe limits of Ocean City Marylandunless


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1 The ownero fth etaxicabh a sa currentb u s i n e s slicense a s se tforthherein a n dthe operatorh a s a current taxi driver permita s s e t forthherein

2 The taxicabdriveris operatinga taxicab licensedby some other governmentaagency and is merelydeliveringpeople fromthe jurisdictionof such other governmentalagency

to Ocean City

An y tax icab no t licensedpursuant to subsection 1 0 2511 f this divisionisprohibited frompickingup a n yp a s s e n g e r swithinth e limitsof O c e a nCityMaryland

Sec 102 52 License fees

The business l icense fee for a taxicab o r limousine business an d for a taxicab

drivers ermitwillb e r e c o m m e n d e dby th ePolice Co mmissiona n de s t a b l i s h e dby a resolutionof th e Mayor an d City Council

Sec 102 53 Term

The annual tax ic a b o r lim o u s in ebusiness license an d th e taxicabdrivers ermitshall be from April 1 thoughMarch3 1 of each year

S ec 102 57 Drug testing of taxicab driver permitholders

Th e P o lic e C o m m iss io no r th eirdesignate shall establish a protoco l requirintaxicab driver permitholders to b e randomly t e s t edfo r th e u se o f controlledd a n g e r osubstances When a permitholderis s e le c te dfo rtesting th etaxicabmedallionownerwhichth es e l e c t e dindividualis employedby orcontractingwithshallb enotifiedto h a v eth etaxicabdrivepermith o l d e rr e p o r twithinfour4 h o u r so fs u c hnotificationd u r i n gn o r m a lbu s ine s sh o u r sa ndsubmitto a drug s c r e e n i n gt e s ta ta n a p p r o v e dfacilitya s d e s i g n a t e dby th eTowno fO c e a nCityShouldthe testing facilityno t b e open fo rbusiness o r availablea t the time o fnotificationth epermitholderwillb e instructedto report to th efacilitya tth enext openingo fth etestingfacilitbut no later than twentyfour 24 hours following such notification The cost of the drugscreening t e s tshall b e a t th e s o lee x p e n s eo fth eTowno fO c e a nCity The drugs c r e e nt e s ts h afollowacceptablestandards o fthe Departmento fTransportation DOT5 Panel DrugScreen Thesubjectindividualbeing tested shallpermitthe results of such test to b eimmediatelyr e l e a s e dtothe Town of Ocean City Failure to submit to the drug screening test o r the withholdingoauthorization to release the results of such test shallbe interpreted a s a positive reading and resulin the immediate suspension of individuals axi driverpermit C o a s t srelated to re testing tod i s p u t eth eresults o fa priort e s tshallb e a t th e s o le e xp en seo fth etaxicabdriverpermit holdo r th e taxicabmedallionownerwhichthey are employedby o r contractingwith Results of suchtest shall be immediatelyfurnished tothe Townof Ocean Citywhen available

INTRODUCEDa t a meeting of the City Counci lof Ocean City Marylandheld onFebruaryl 2010


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ADOPTED AND PASSED a s amended by th e requiredvote of the electedmembershipof th e City Counc i land approved by the M a y o rat i mee g held o n February 16 2010

ATTEST

WIN W I

Approved as to FormPH M VITRECIC President

GUY R S III C A ySo ic rLLOYDMjRtTN S e c r e t a r y


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12 REPORTS AND RECOMMENDATIONS FROM THEDEPARTMENT OF PLANNING AND COMMUNITYDEVELOPMENT

Conditional Use Request to permit water-relatedrecreational activity with (1) parasail boat and (12) wave-runners for a period of ten (10) years. The site of therequest is described as located on the west side of Philadelphia Avenue, and on Sinepuxent Bay at the Inlet,and known locally as Inlet Sea Doos, Inc., 710 S.Philadelphia Avenue, in the Town of Ocean CityApplicant: Michael Andrew


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Planning and Zoning CommissionP.O. Box 158Ocean City, Maryland 21843410-289-8855

CERTIFIED MAILRETURN RECEIPT REQUESTED February 15, 2012

Mr. Michael Andrew7 Ken-Mar AvenuePasadena MD 21122

Dear Mr. Andrew:

Re: Pursuant to the provisions of Article II, Section 5, Conditional Uses, a request hasbeen filed under the provisions of Section 110-861.3(5), Uses permitted by ConditionalUse in the I-1 Inlet District, to permit water-related recreational activity with (1) parasailboat and (12) wave-runners for a period of ten (10) years. The site of the request isdescribed as Lots 1-8, Block 13S; and Lots 1-6, Block 22S of the Sinepuxent BeachCompany Plat of 1891, further described as located on the west side of PhiladelphiaAvenue, and on Sinepuxent Bay at the Inlet, and known locally as Inlet Sea Doos, Inc.,710 S. Philadelphia Avenue, in the Town of Ocean City, Maryland.APPLICANT: MICHAEL ANDREW (FILE #12-12100001)

On February 7, 2012, the Planning and Zoning Commission of Ocean City,Maryland conducted a public hearing to consider the above referenced Conditional Userequest. The Commission considered all testimony and exhibits presented during thehearing and voted unanimously (4-0) to send the Mayor and City Council a favorablerecommendation for approval of the Conditional Use subject to the following conditions:

1. The approval shall be subject to the Planning and Zoning Commissionsguidelines for water-related conditional use permits (copy attached).

2. The operation is required to provide safe access to parasail boat from its

mooring on the north side of the Oceanic Fishing Pier.

3. The insurance required under Item 2(A) of the Conditional Use water-related guidelines must be issued from an insurance company recognizedin the State of Maryland.

4. No stand-up personal watercraft shall be permitted.


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Mr. Michael Andrew7 Ken-Mar AvenuePasadena MD 21122Page Two

5. There shall be one escort per four people riding or operating the personalwatercraft.

6. The watersport operation shall comply with all State of Maryland personalwatercraft regulations.

7. The approval shall be for one (1) parasail boat and twelve (12) waverunners.

8. The fuel handling and storage is to maintain approval by the FireMarshals office.

9. This approval shall be for a period of five (5) years.

10. The Mayor and City Council may revoke the Conditional Use permitshould the applicant not comply with all of the above conditions and withfederal, state, and local regulations pertaining to the watersport operation.

11. The screen enclosure shall be maintained around the fuel tank.

12. A low visibility trash receptacle shall be maintained on site.

13. The wave runners shall be restricted to the capacity specified by themanufacturer.

14. Landscape shall be maintained adjacent to South 1 st Street andPhiladelphia Avenue.

15. Applicant shall maintain signage in compliance with the DowntownDesign Overlay Zone District.

16. This approval is for this applicant only. Any change in ownership wouldnecessitate coming back to the Planning and Zoning Commission for

review.


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Mr. Michael Andrew7 Ken-Mar AvenuePasadena MD 21122Page Three

By copy of this letter, the Mayor and City Council will be notified of theCommissions recommendation. You are now scheduled to appear before a regularsession of the Mayor and City Council at 6:30 p.m. on Tuesday, February 21, 2012 inthe Council Chambers of City Hall located at 3 rd Street and Baltimore Avenue in theTown of Ocean City, Maryland. The Mayor and City Council will have received thepublic hearing transcript, finding of fact, recommendation letter and all exhibits by thisdate and will not entertain further testimony. Please be advised that the Council willmake their decision at that time.

If we may be of assistance to you in the meantime, please contact the office ofPlanning and Community Development at 410-289-8855.

Sincerely,Planning and Zoning Commission

John StaleyCommission Secretary

Attachment: 1Cc: Mayor and City Council

All Planning and Zoning Commission MembersWilliam E. Esham, III, Attorney for CommissionJesse C. Houston, Director/Planning & DevelopmentFile #12-12100001Correspondence 12


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FINDING OF FACT

RE: #12-12100001 CONDITIONAL USE FOR WATER-RELATED RECREATIONALACTIVITY TO BE LOCATED AT

710 S. Philadelphia Avenue

February 7, 2012

Upon a motion made by Peck Miller, seconded by Joel Brous, and carried by a

vote of four (4) to zero (0), Chairwoman Pam Buckley, Tom Singman, and Chris

Shanahan absent, the Planning and Zoning Commission hereby gives a favorable

recommendation for twelve (12) wave runners and one (1) parasail boat in the above

referenced case for the following reasons:

1. Population Change: The Commission found that there would be no population change as a result of thewater-related recreational activity. Increased tourism in recent years does demand morewater-related recreational facilities.

2. Availability of Public Facilities:

The watersport does not overburden the existing pubic facilities. There do exist on-sitetoilet facilities for the employees and patrons of the watersport.

3. Present and Future Transportation Patterns:

The watersport has direct access onto South 1 st Street and Philadelphia Avenue, whichis a part of the main arterial road system in the downtown area. The bus transferterminal is located one block to the north for mass transit. The existing Bay channel forlarge boat traffic is some distance off shore allowing safety for the watersport.

4. Compatibility with Existing and Proposed Development for the Area:

The Oceanic Fishing Pier provides adequate separation between this operation and theSea Rocket, located at 700 S. Philadelphia Avenue. That watersport is required tocomply with the prescribed buffer of 50 yards north of the pier for compatibility ofprojects. This operation, Inlet Sea Doos, Inc., is further compatible with the surroundingneighborhood consisting of the Oceanic Motel, Sunset Park to the north of The SeaRocket, and the U.S. Coast Guard station north of Sunset Park. There is a City PublicWorks facility and a public parking lot located within one block of this site. The use hasbeen in operation for the past 17 years and has been found compatible with the existing


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neighborhood. Training and instructions are provided within the boat basin prior to usersentering Bay waters.

5. Relationship to the Comprehensive Plan:

The watersport is an allowed Conditional Use of the zoning district, which is I-1, InletDistrict. The Comprehensive Plan promotes recreational facilities of this type andencourages public access on the bay front. The downtown area south of 3 rd Street is amixture of commercial districts promoting various types of services for the touristindustry.

Therefore, by virtue of the requirements of Section 110-122 of the Code of

Ocean City, Maryland, the above findings require the Planning and Zoning Commission

to recommend approval for the water-related recreational activity subject to the following

conditions:

1. The approval shall be subject to the Planning and Zoning Commissions

guidelines for water-related conditional use permits (copy attached).

2. The operation is required to provide safe access to parasail boat from its

mooring on the north side of the Oceanic Fishing Pier.

3. The insurance required under Item 2(A) of the Conditional Use water-

related guidelines must be issued from an insurance company recognized

in the State of Maryland.

4. No stand-up personal watercraft shall be permitted.

5. There shall be one escort per four people riding or operating the personal

watercraft.

6. The watersport operation shall comply with all State of Maryland personal

watercraft regulations.

7. The approval shall be for one (1) parasail boat and twelve (12) wave

runners.

8. The fuel handling and storage is to maintain approval by the Fire

Marshals office.


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9. This approval shall be for a period of five (5) years.

10. The Mayor and City Council may revoke the Conditional Use permit

should the applicant not comply with all of the above conditions and with

federal, state, and local regulations pertaining to the watersport operation.

11. The screen enclosure shall be maintained around the fuel tank.

12. A low visibility trash receptacle shall be maintained on site.

13. The wave runners shall be restricted to the capacity specified by the

manufacturer.

14. Landscape shall be maintained adjacent to South 1 st Street and

Philadelphia Avenue.

15. Applicant shall maintain signage in compliance with the Downtown

Design Overlay Zone District.

16. This approval is for this applicant only. Any change in ownership would

necessitate coming back to the Planning and Zoning Commission for

review.

_ ________________ John Staley, Commission Secretary

__________________ Peck Miller

__________________ Lauren Taylor

__________________ Joel Brous


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POLICY

Regarding GUIDELINES FOR WATER-RELATED CONDITIONAL USE PERMITS

OCEAN CITY PLANNING AND ZONING COMMISSION

1. Location must be within 300 feet of open water (bay).

2. If approved, the following items must be completed before business can beginoperation:

A. Certificate of insurance in the amount of a minimum of $1,000,000.00per occurrence must be submitted to Planning and Zoning Office.

B. The site shall be maintained in a clean and orderly fashion. All potholesmust be filled and compacted with hard-packed clay (minimum).Parking area shall be hard-packed surface free of trash and debris. Siteconditions must be acceptable to Planning and Zoning Administratorbefore business can commence.

C. Permanent sanitary facility must be installed on site.D. A motorized rescue boat with at least 25 HP motor must be docked on

site to be used in the event an emergency rescues is necessary.E. A business license to operate in the Town of Ocean City, Maryland must

be obtained from the License Department in City Hall prior tocommencement of business operation.

F. Watersport activity shall comply with the Maryland Department of Natural Resources regulations concerning personal motorized watercraftwhich shall be conspicuously posted for clients to see.

3. At no time shall the site be used for any purpose other than the use(s) approved by

the Mayor and City Council of Ocean City.

4. The number of rental boats on site shall not exceed the maximum number approvedby the Mayor and City Council.

5. No trailers for living, working or storage purposes shall be permitted on site. Allbuildings, signs, boats, equipment, etc., must be completely removed from the siteten (10) days after the expiration of the Conditional Use permit.

6. No signs or other advertising devices shall appear on trucks, cars, or other vehicles,including trailers or carts, on or off the site.

7. Parking provided shall be in accordance with Section 110-932 of the Town ZoningCode.

8. Fueling handling and storage shall be reviewed by the Fire Marshals Office to ensuresafety compliance.

APPLICATIONS FOR SUCCEEDING YEARS WILL NOT BE ACCEPTED IF ANY OF THEABOVE CONDITIONS ARE VIOLATED IN THE CURRENT YEAR.

Amended 3/14/95


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PLANNING AND ZONING COMMISSIONFebruary 7, 2012

PRESENT IN ATTENDANCEJohn Staley Peck Miller Blaine Smith Will EshamJoel Brous Lauren Taylor Kay Stroud Bob Nelson

This meeting of the Planning and Zoning Commission was held on Tuesday, February 7,2012, in the City Hall Council Chambers located on Baltimore Avenue and 3 rd Street,Ocean City, Maryland. John Staley, Commission Secretary, called the meeting to order.

STALEY: I call to order the Planning Commission, for Tuesday, February the 7 th, thefirst item on this agenda is a public hearing. Does anyone in the audience object to anyof the commissioners sitting?

ANDREW: (In audience) No.

TAYLOR: Good, because we dont want to stand up. No, Im sorry (chuckle).

STALEY: Because if you object youre out of luck (wouldnt constitute a quorum).Alright, Blaine?

SMITH: Okay.

STALEY: Introduction.

ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth andnothing but the truth?

SMITH: I do. This case is requested pursuant Section 110-861(3)(5) which is a

Conditional Use in the I-1, Inlet District, to permit water-related recreational activity withone parasail boat and 12 wave runner for a period of 10 years. The site of the request isdescribed as Lots 1-8, Block 13S, and Lots 1-6, Block 22S of the Sinepuxent BeachCompany Plat, 1891. Further described as located on the south side of PhiladelphiaAvenue and South 1 st Street, on the Sinepuxent Bay at the Inlet, and known locally asInlet Sea Doos, Inc., at 710 S. Philadelphia Avenue. The property was posted by ourenforcement officer and we did run advertisements in the Ocean City Digest on January19 th and January 26 th, the year 2012, stating the time, date, place, and purpose of thismeeting. We also sent notice to adjacent properties within a 300 radius that thismeeting was taking place tonight and its purpose. The applicant has submitted somediagrams, plans, and pictures relevant to the use as a recreational activity, and he hassubmitted an opening statement and they have operated here for 17 years with

Conditional Use approvals from the recommendation of this body and the approval of theMayor and City Council. I think initially they got like maybe a couple year approval, thenthey were given five-year approvals, so theyve probably had at least five-year approvalsand then the first two-year approval to make up the 17 years. Theyve had goodperformance; weve had, I dont know of any issues that have been created by theiroperation and they would like to, you all to consider a 10-year approval. Conditional Usecan be permanent as well, but they understand that your concerns are what may or maynot be developed in the immediate neighborhood, and theyve felt theyve been a goodneighbor for 17 year and theyre asking for a 10-year approval and the applicant will


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elaborate on that and questions that you may or may not have of them. And the diagramthats on the screen shows the basin where they operate from at the inlet in theSinepuxent Bay, and its basically a cove that they operate out of with a beach adjacentto the Oceanic Motel, and this is where theyve operated for 17 year. Im going to be putanother submission that we got recently, and this will have to be marked as applicantsexhibit. Its an aerial topography showing the nature of the motel, the basin, and this isactually an aerial photograph where I think the diagram thats on the screen came fromour tax records, the tax maps, or the house number maps. And they are very similar, soits a good representation even on the tax map, but you have the fishing pier, you havethe basin, and the beach, and then you have the jetty thats alongside of the inlet, and sothey have, and have had operation of their, the ones that utilize it can practice in thatbasin before they go out into the bay waters and out to the inlet, but mainly to the baywaters I believe, they go to the, probably towards Assateague when they go out, butthey can explain that part of it, and I think his operation is going to remain similar andagain theres 12 wave runner and one parasail boat. The parasail boat is docked on thenorth side of the pier at this location, and I think on your drawings its marked in purple,and whats interesting about that, if you can recall, north of that area is the Sea Rocket,its an excursion boat where you can just go take rides, and it operates from that, and Ithink there were maybe half a dozen jet ski type vessels at that location, but theirvessels have to stay, I want to say 100 distant from that pier, so they dont have conflictbetween their comes and goings.

MILLER: At one point it was 100 yards.

SMITH: Maybe thats what it was, whatever you all required, the other people have tostay

MILLER: Well, these people couldnt even operate if they had to stay 100 yards from thepier.

SMITH: Right, and Im probably saying the right, it may be yards versus feet.

MILLER: Right.

SMITH: And so, they are protected from the other operation so theres not conflictbetween the two operators, and thats why you put the buffer between them. But thispier is part of this operation, and they basically tie up to it and theyll leave there and godirectly to the bay, and then come back to load and unload their passenger, off that, offthe pier structure.

MILLER: So the boat ties up to it.

SMITH: Yes, yes. But the jet skis, or wave runners are on the cove, theyre not on thenorth side, theyre on the interior of that cove, and have, that is the operation. You cansomewhat see and I dont know if you all can see and Ill pass this around when itsmarked, this is the floating dockage where the waverunners are docked, so that they cantie up when they come back to the shoreline. Isnt that?

STROUD: See, this is an old photo.

ANDREW (from audience): Yeah, thats just an old photo


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SMITH: You might need to wait for him.

ANDREW (from audience): Okay.

SMITH: If Ive said it wrong I apologize, but

ANDREW (from audience): Thats okay.

MILLER: Do you have a new photo?

ANDREW (from audience): No there is a picture.

ESHAM: Actually, what were going to do, are you finished Blaine?

SMITH: Yes.

ESHAM: Okay, can you, you can come on up to the podium and Ill swear you in.Please raise your right hand.

ANDREW: (raises hand)

ESHAM: Under penalties of perjury, do you hereby swear to tell the whole truth andnothing but the truth?

ANDREW: Yes.

ESHAM: Please state your name and address.

ANDREW: Michael Andrew. My home address?

ESHAM: Yes.

ANDREW: 7 Kenmar, Pasadena, Maryland, 21122.

ESHAM: Great, thank you, go ahead.

ANDREW: Okay, in your packet should be a picture with some waverunners on it. Its alittle bit sketchy looking but, if you look on the, if you look out to the water theres a smallpier which I had permitted last year, by the City and the Corp of Army Engineers, andthat holds four jet skis. You can only see part of it because it sits in behind the fishingpier because the State came along and made me take out all those piers in the cove.

MILLER: That was last summer right?

ANDREW: That was last summer. They came and hit everybody down the whole coastand now theyre going to go to the homeowners. They hit all the businesses and nexttheyre working on the homeowners. So they permitted me four jet ski slips and I gotthose ramps which I have just a diagram in there, and it shows, the pictures of the jetskis on those ramps, and I drag them up at nighttime with a wench for storage. Andduring the day, if youll look on here, these are actually mooring lines coming off of my


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floating pier and we clip the jet skis front and back so the passengers, they wade out intothe water and get on the jet skis.

MILLER: Now, Blaine can you look up and see how far we made them stay away fromthe dock, of the other one? Because it was, they came back and said that becausethere were people fishing on the pier they didnt want the jet skis near them. Does thatapply here because that should be just the other side of the same dock.

SMITH: My first thought is, I dont know if they fish on that side at all. That Im not sureabout, because Ive been down there to fish, and it was always on this part, the otherside, yeah.

MILLER: Right.

ANDREW: Most of this water inside of here is real shallow, and most of their fishing ison the outside of the pier.

SMITH: But I think youre thinking about the parasail boat.

MILLER: Um hm.

SMITH: Yeah.

ANDREW: No one fishes this whole side here from the pier out, they dont fish.

MILLER: Because its so shallow there.

ANDREW: Yeah, its all shallow along here, yes.

MILLER: Well, can you explain to me why they made it, I mean, Joe Halls the one that

put that thing in there.

SMITH: I think it was because of the two operators, they wanted to keep themseparated is what I thought. I dont think it was so much to protect the fishing pierbecause they have control of this, but the same people that own the fishing pier own theproperty, you know, the Harrison Group. So, if they thought there was conflict with thefishing pier they wouldnt want to do that anyway. I think when the Sea Rocket, and the,it was small, looks like six waverunners, they had to keep them north and west of this sothat they would not conflict in their operations. They wanted enough separation andthats where that 100 yards came in, to make the wave because these people werethere first, if you will. That they were going to keep them a certain distance so that therewouldnt be conflict between the two operators.

MILLER: Theyre already separated by a pier.

SMITH: Now, Im going to go back, just a little bit, and I think this was discussed. Atone time point in time, we had a built-in 1500 foot mandate - that you had to be 1500feet, but that was lifted, and I think the 100 yards was probably to give back some of thatprotection between two operations.

MILLER: Gotcha, okay. Good.


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STALEY: I think were ready to go. (To Lauren) You have no objection to this?

TAYLOR: My only objection is ten years. I dont think we should

MILLER: Well, how long is your lease?

ANDREW: Well, the Harrisons only gives it a year-to-year lease. If you only want to dofive years, thats, you know, what it is. Its not, its not a big deal.

MILLER: Did you have five years last time?

SMITH: Yes.

ANDREW: Ive had five, what happened is, I originally took over two years that theprevious operator had, they kinda kicked him out of town, but, then I got three 5-yearrenewals.

MILLER: From us?

ANDREW: From you, yes.

STALEY: I dont think I dont ever

MILLER: I dont care about five years as long as it doesnt go with the property, it goeswith the operator.

TAYLOR: Right.

STALEY: I dont have any problem with it.

ANDREW: Right, so they just do it, they just give you a year-to-year.

ESHAM: To go with the operator or the property?

SMITH: I think they could do either.

ESHAM: Go ahead, go with the operator.

TAYLOR: Yeah, because

MILLER: As long as youre operating it, Im fine either way.

ANDREW: Kind of like you do on a liquor license. Okay.

SMITH: Youre issuing it to this

ESHAM: But he just said he took over the prior two years from a prior operator, thatswhy I asked.

MILLER: That was fifteen years ago too.


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SMITH: Well, the other renewals were never stipulated, but in this case, if you do wantto stipulate it, that could be your condition.

ESHAM: Five years for this operator.

TAYLOR: Yeah.

SMITH: Based on their performance.

TAYLOR: I mean, nobody has

MILLER: Youve done a great job, I mean youve been there a long time. Its just,typically, we go with the lease, but you have a one year at a time lease which makes itkind of difficult to plan anything.

ANDREW: I know, right, I understand.

MILLER: And the realty is youre probably going to be there because nobodys going tobuild there this week.

ANDREW: No, not unless the State gives the money for high-rise parking or something,or Harrison gets control of that corner, because the Esposito lady is ready to sell.

SMITH: There were two other things that I neglected to mention. They havearrangements for toilet facilities at the Bait and Tackle Shop.

MILLER: Right.

SMITH: And probably even the motel if they had to.

TAYLOR: Yeah.

SMITH: And they do have a fixed storage facility for gas thats been approved by theFire Marshals office, this has been in years past, and they upgraded it not that long ago,a couple of years ago?

ANDREW: Two years ago I upgraded it to an explosion-proof and so

COMMISSION MEMBERS TALKING AMONG THEMSELVES, OFF-RECORD(continues throughout good portion of the remainder)

MILLER: Did you redo your signs?

ANDREW: Yes, I got just a sign on the front of the building, a light-up sign, I dont havethat.

MILLER: Do you have pictures of that?

ANDREW: No, no thats, no I dont have a picture of that.


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MILLER: Because I remember the last time that I think you were here it was like, itstime to fix those signs, and I know you were planning on doing something, but

ANDREW: Yeah, and I met with Glenn Irwin and got a light-up sign on the front of thebuilding.

MILLER: For a Conditional Use, were supposed to see the signage too, right Blaine?

SMITH: It should be shown.

ANDREW: I dont think I have a picture of it.

SMITH: But its at that same

STROUD: If you know when it was replaced I can go upstairs and see if I can findanything.

MILLER: Blaine, if youre comfortable with the sign, and Glenns comfortable with thesign, then I just wanted, that was something that we had talked about upgrading, andyou were the owner at the time?

ANDREW: Yeah.

SMITH: And probably the second five-year renewal they put in more landscape bayberry, barberry, and beachy stuff, the sand fence and things like that, so its beenmore presentable, if thats the right terminology.

MILLER: Well, could I ask you in five years when you come back could you take ussome better pictures, aerials, and stuff.

ANDREW: (Laughs) Yes, I can.

MILLER: Well, Ill make a motion

STALEY: Go ahead.

MILLER: that we approve it for five years, running with the operator, so if you sell ittheyve got to come back in and get a Conditional Approval.

ANDREW: Yeah, I really have nothing to sell because of the lease

MILLER: Well, Im just saying, a new operator cant just go pop in and go do, and um,

you know, keep the signs right, and go by all the codes and guidelines.

TAYLOR: And try to keep it maintained well, and painted well, and some

STALEY: All the guidelines, clean the sand up.

TAYLOR: and um, and um, some landscaping, and some.


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MILLER: I just got, weve got an upgrade with them, theyve got some plants out front,theyve got new signs, so

TAYLOR: Okay.

ANDREW: I mean this time of the year I constantly clean the sand up, but I dont livehere, and theres this much sand on the sidewalk because the wind speeds throughthere

SMITH: And you do have a sand fence, that helps bring it down, thats what brings it outon the sidewalk.

MILLER: Right.

TAYLOR: Not a high pedestrian area.

STROUD: Could you all repeat the points that you want me write as conditions, please?

MILLER: Five year permit, running with the operator, so if theres a change in ownershiptheyve got to come back here.

STROUD: Okay.

STALEY: And all the provisi