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MAYORANDCITYCOUNCIL

WORKSESSION
Tuesday,August26,20141:00P.M.

AClosedSessionisscheduledfrom12:001:00P.M.todiscusslegalandcontractualmatters.

AGENDA

1. CALLTOORDER

2. REPORTONCLOSEDSESSIONTuesday,August26,201412:001:00p.m.

3. ACKNOWLEDGEMENTSANDRECOGNITIONS
A. RecognitionofRetirementforCharlesBunting,PublicWorksMaintenance
B. RecognitionofRetirementforFrankMarshall,PublicWorksConstruction

4. COMMENTSFROMTHEPUBLIC
AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgenda
maybeheardduringCommentsfromthePublicforaperiodofthree(3)minutesorsuchtimeasmay
bedeemedappropriatebytheCouncilPresident.Anyonewishingtobeheardshallstatetheirname,
addressandtheAgendaitemonwhichheorshewishestospeak.

5. NEWBUSINESS

A. BidOpeningsAnnualConcreteSidewalkMaintenanceContract

B. DiscussionofChamberVisitorGuideAgreementRenewalpresentedbyTourismDirector

C. 2015NoSmokingProposalpresentedbyPlanning/CommunityDevelopmentAssistantDirector
andPlanner

D. RequestforApprovaltoTransferStormwaterandCriticalAreaMitigationFundsfor
Stormwater,HabitatandPerviousPavementProjectspresentedbyEnvironmentalEngineer

6. ADJOURN


















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, AUGUST 26, 2014



2. Report on Closed Session August 26, 2014 12:00 p.m.
1:00 p.m. Legal and Contractual Matters



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











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


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 is
not related to public business

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

4. Consider a matter that concerns the proposal for a business or industrial
organization to locate, expand or locate in the state;
5. Consider the investment of public funds;
6. Consider the marketing of public securities;
X 7. Consult with counsel to obtain legal advice;

8. Consult with staff, consultants or other individuals about pending or potential
litigations;

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

10. Discuss public security if the public body determines that public discussion
would constitute a risk to the public or public security, including;
a) the deployment of fire and police services and staff; and
b) the development and implementation of emergency plans
11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

12. Conduct or discuss an investigative proceeding on actual or possible criminal
conduct;

13. Comply with a specific constitutional, statutory or judicially imposed
requirement that prevents public disclosures about a particular proceeding or
matter; or
X
14. Before a contract is awarded or bids are opened, discuss a matter directly related
to a negotiation strategy or the contents of a bid or proposal, if public discussion
or disclosure would adversely impact the ability of the public body to participate
in the competitive bidding or proposal process

DATE AND TIME: Tuesday, August 26, 2014 at 12:00 p.m.
PLACE: Executive Conference Room
SUBJ ECT: Legal and Contractual Matters
VOTE: UNANIMOUS
OTHER: FOR:
AGAINST:
ABSTAIN:
ABSENT:
REPORT OF CLOSED SESSION
OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY


Prior to this open session of the Mayor and City Council being held on Tuesday,
August 26, 2014 a closed session was held on Tuesday, August 26, 2014 at Noon.
The following is a report of the closed session.
1. A statement of the time, place, and purpose of the closed session is attached.
2. A record of the vote of each member as to closing the session is attached.
3. A citation of the authority under the law for closing the session is attached.
4. (a) Topics of Discussion: Legal and Contractual Matters
(b) Persons present:
Mayor Richard Meehan
City Manager David Recor
Council President Lloyd Martin
Council Secretary Mary Knight
Council Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dare;
and J oe Mitrecic
City Solicitor Guy Ayres
City Engineer Terry McGean
Executive Office Associate Diana Chavis

Action(s) taken:
Motion to close meeting: 2
nd
: Unanimous




S:\DIANA\CLOSED SESSION\CLOSED SESSION REPORT.DOC


















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, AUGUST 26, 2014


3. ACKNOWLEGEMENTS AND RECOGNITIONS

A. Retirement Recognition of Charles Bunting, Public Works
Maintenance



IN APPRECIATION OF CHARLES L. BUNTING
30 YEARS OF SERVICE
Charles Bunting has contributed Thirty (30) years of
dedicated service to the Town of Ocean City, where he began his career in
1984; and

WHEREAS, Charles Bunting has played an integral role in both the
Recreation and Parks and the Public Works Departments for the Town of
Ocean City for 30 years; and

WHEREAS, for the first 16 years of his career with Ocean City, Charles
helped maintain the facilities at Northside Park and other park locations
throughout Ocean City. During his 14 years at the Public Works
Department, Charles has driven and operated many types of small and
heavy equipment to keep the Ocean City beach and streets clean; and

WHEREAS, Charles Buntings skill and experience have been instrumental
in the overall success of the Recreation and Parks and Public Works
Departments for the Town of Ocean City, Maryland.

NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of Ocean
City, Maryland, along with the Ocean City Council, do hereby commend
Charles for his Thirty (30) years of devoted service and wish him a happy
and healthy retirement.

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 26
th
day
of August in the year of Our Lord two thousand and fourteen.




______________________________
RICHARD W. MEEHAN
Mayor


















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, AUGUST 26, 2014


3. ACKNOWLEGEMENTS AND RECOGNITIONS

B. Retirement Recognition of Frank Marshall, Public Works
Construction



IN APPRECIATION OF FRANK O. MARSHALL, SR.
35 YEARS OF SERVICE
Frank Marshall has contributed Thirty-five (35) years of
dedicated service to the Town of Ocean City, where he began his career in
1975; and

WHEREAS, Frank Marshall has played an integral role in the Public Works
Department for the Town of Ocean City for 35 years; and

WHEREAS, Frank worked on beach replenishment, street cleaning and
installed water service lines before becoming a Supervisor for the Public
Works Construction Department; and

WHEREAS, Frank Marshalls skill and experience have been instrumental
in the overall success of the Public Works Department for the Town of
Ocean City, Maryland.

NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of Ocean
City, Maryland, along with the Ocean City Council, do hereby commend
Frank for his Thirty-five (35) years of devoted service and wish him a
happy and healthy retirement.

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 26
th
day
of August in the year of Our Lord two thousand and fourteen.



__________________________________
RICHARD W. MEEHAN
Mayor


















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, AUGUST 26, 2014


4. COMMENTS FROM THE PUBLIC

Any person who may wish to speak on a matter scheduled for discussion on the Work
Session Agenda may be heard during Comments from the Public for a period of three
(3) 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.




















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, AUGUST 26, 2014


5. NEW BUSINESS

A. Bid Opening - Annual Concrete Maintenance Sidewalk

Annual Concrete Sidewalk - Repair Replacement Bid
CONTRACTORS Base Bid
Goody Hill Groundwork
Malone & Phillps Unable to Bid
Worth Construction

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1
INFORMATION FOR BIDDERS



BIDS will be received by THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND
(herein called the TOWN), at the office of the City Manager, City Hall, 3
rd
Street & Baltimore
Avenue, Ocean City, Maryland during normal business hours until 4:00 PM, Monday, AUGUST
25, 2014, and then opened and read aloud at the Work Session the following day, August 26
th
,
2014 at 1:00 PM.

Each BID must be submitted in a sealed envelope, addressed to the Mayor and City Council of
the Town of Ocean City, Maryland. Each sealed envelope containing a BID must be plainly
marked on the outside as BID for: FY 2015 Annual Sidewalk Maintenance: Concrete
Repairs/Replacement and the envelope should bear on the outside the name of the BIDDER,
his address, and the name of the project for which the BID is submitted. If forwarded by mail, the
sealed envelope containing the BID must be enclosed in another envelope addressed to the
Town of Ocean City, City Managers Office, 301 Baltimore Avenue, P. O. Box 158, Ocean City,
Maryland 21843.

All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in,
in ink or typewritten, and the BID form must be fully completed and executed when submitted.
Only one copy of the BID form is required. PLEASE USE THE YELLOW BID FORM INCLUDED
IN YOUR BID DOCUMENTS.

The TOWN may waive any informalities or minor defects or reject any and all BIDS. Any BID may
be withdrawn prior to the above scheduled time for the opening of BIDS or authorized
postponement thereof. Any BID received after the time and date specified shall not be
considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening
thereof. Should there be reasons why the contract cannot be awarded within the specified
period, the time may be extended by the TOWN.

After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding
concerning the quantities or the nature of the SCOPE OF WORK to be performed.

The TOWN shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and
delineates and describes the scope of the BID.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the
PROJ ECT. Information obtained from an officer, agent, or employee of the TOWN or any other
person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him
from fulfilling any of the conditions of the contract.

The party to whom the contract is awarded will be required to execute an Agreement
within ten (10) calendar days from the date when NOTICE OF AWARD is mailed to the
BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement.
In case of Failure of the BIDDER to execute the Agreement, the Town may at its Option,
Consider the BIDDER in default.

The TOWN within ten (10) days of receipt of an acceptable Agreement signed by the
party to whom the Agreement was awarded, shall sign the Agreement and return to such party an
executed duplicate of the Agreement. Should the TOWN not execute the
Agreement within such period, the BIDDER may, by WRITTEN NOTICE, withdraw his
signed Agreement. Such notice of withdrawal shall be effective upon receipt of the
notice by the TOWN.

The NOTICE TO PROCEED shall be issued simultaneously with the execution of the
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2
Agreement by the TOWN. Should there be reasons why the NOTICE TO PROCEED
cannot be issued at such time, the time may be extended by mutual agreement between
the TOWN and BIDDER. If the NOTICE TO PROCEED has not been issued within the
ten (10) day period or within the period mutually agreed upon, the BIDDER may
terminate the Agreement without further liability on the part of either party.

The TOWN may make such investigations as it deems necessary to determine the
ability of the BIDDER to perform the WORK, and BIDDER shall furnish to the TOWN
all such information and data for this purpose as the TOWN may request. The TOWN reserves
the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to
satisfy the TOWN that such BIDDER is properly qualified to carry out the obligations of the
Agreement and to complete the WORK contemplated therein.

A conditional or qualified BID will not be accepted.

Award will be made to the lowest responsible BIDDER.

Upon BID award to the successful lowest BIDDER, that Vendor/Contractor is required to produce
or purchase a Town of Ocean City Business License before they perform work for the Town.

ALL applicable laws, ordnances, and the rules and regulations of all authorities having jurisdiction
over construction of the PROJ ECT shall apply to the contract throughout.

Each BIDDER is responsible for inspecting the site and/or for reading and being thoroughly
familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of
the forgoing shall in no way relieve any BIDDER from any obligation in respect to his BID.

Further, The BIDDER agrees to abide by the requirements under Executive Order No. 11246, as
amended, including specifically the provisions of the equal opportunity employment.

Any questions should be directed to Dean Dashiell, Senior Project Manager,
Ocean City Public Works Department (410) 520-5428 or e-mail ddashiell@oceancitymd.gov.
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BID FORM

Proposal of____________________________(hereinafter BIDDER),

Organized and existing under the laws of the State of_____________________

doing business as a/an_____________________________________________.

To the MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND
(hereinafter called TOWN).

In compliance with your Advertisement for Bids, BIDDER hereby proposes to

perform all WORK for the FY 2015 SIDEWALK MAINTENANCE: CONCRETE
REPAIRS/ REPLACEMENT in strict accordance with the CONTRACT
DOCUMENTS, within

the time set forth therein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID

each party thereto certifies as to his own organization, that this BID has been arrived

at independently, without consultation, communication, or agreement as to any matter

relating to this BID with any other bidder or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date

to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT

within 365 (CONTRACT FOR ONE YEAR) consecutive calendar days thereafter.

BIDDER further agrees to pay as liquidated damages, the sum of $ -0- (NONE dollars)

for each consecutive calendar day thereafter.

BIDDER acknowledges receipt of the following ADDENDUM:

.






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BIDDER agrees to supply all labor and materials described in the GENERAL
SPECIFICATIONS for the following:

BID SCHEDULE
BASE BID

ITEM OF WORK UNITS UNIT PRICE BID LUMP SUM

A. Standard City Sidewalk 10,000 SF $_______ per SF $____________
(Demo/Replace)

Total Lump Sum $_________________

UNIT PRICES

ITEMS OF WORK UNIT UNIT PRICE BID

UP-1 STD City Sidewalk S.F. IN BASE BID ABOVE
(Demo & Replace)
UP-2 STD City Sidewalk S.F. $______________
(Installation Only)
UP-3 STD 8 Curbing L.F. $______________
(Demo & Replace)
UP-4 STD 8 Curbing L.F. $______________
(Installation Only)
UP-5 STD SHA Type A Curb & Gutter L.F. $______________
(Demo & Replace)
UP-6 STD SHA Type A Curb & Gutter L.F. $______________
(Installation Only)
UP-7 Solid Waste Concrete Aprons S.F. $______________
(Demo & Replace)
UP-8 Solid Waste Concrete Aprons S.F. $______________
(Installation Only)
UP-9 Installation of ADA Truncated Domes S.F. $______________
(Furnish and Install)
UP-10 Furnish Equipment to Load and Haul S.F. $______________
Concrete Debris to the Town Recycling Center


NOTE:

1. THIS CONTRACT WILL BE PAID BASED UPON THE SPECIFIC UNIT
PRICES BID MULTIPLIED BY THE ACTUAL QUANTITY OF WORK IN
PLACE AS MUTUALLY AGREED UPON BY THE CONTRACTOR AND
THE TOWN.


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2. IT IS THE INTENT OF THE TOWN TO AWARD THIS BID BASED ON THE LOWEST
LUMP SUM BID RECEIVED.

Respectfully submitted:

________________________________ _________________________
Signature Address
_______________________________ _________________________
Title Date
________________________________(seal if BID is by a corporation)
License Number

________________________________
Attest
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WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, AUGUST 26, 2014


5. NEW BUSINESS

B. Discussion of Chamber Visitor Guide Agreement Renewal
presented by Tourism Director

TOWN OF
The White Marlin Capital of the World




TO: The Honorable Mayor, Council President and Members of Council
THRU: David L. Recor, ICMA-CM, City Manager
FROM: Donna Abbott, Tourism and Marketing Director
RE: Renewal of Visitor Guide Letter of Agreement
DATE: August 4, 2014


ISSUE(S): A letter of agreement with the Chamber of Commerce for the
vacation guide distribution is expiring. A new agreement is
needed for the 2015 guidebook. The new agreement is proposed
to cover a two-year period.

SUMMARY: In 2010, the Department of Tourism and the Greater Ocean City
Chamber of Commerce entered into an agreement to merge their
respective vacation guides into a single publication.

In the original agreement, the Town was responsible for design
and layout of the publication, while the Chamber sold and
received ad revenue. When that agreement expired, a
subsequent agreement gave the Chamber sole responsibility for
design, content and distribution of the guide, while the Town
paid a portion of the postage costs and some ad space.

In the proposed agreement, all terms in the current agreement
would remain the same with the Town paying a portion of the
cost of mailing the publication at a rate of 25 percent of the
chambers annual cost, not to exceed $20,000. The Town would
continue to purchase 4 pages of advertising, though the ad rates
have slightly increased.

FISCAL IMPACT: Currently the Town budgets $20,000 to pay for vacation guide
mail requests annually, plus $16,460 for ads. Based upon the
2014 distribution costs incurred by the Chamber, the Town would
pay the Chamber approximately $20,000. The new ad rate will
cost an additional $160.


1
st
Class Resort and Tourist Destination

RECOMMENDATION: Enter into proposed agreement.

ALTERNATIVES: Do not enter into agreement.

RESPONSIBLE STAFF:

Donna Abbott, Tourism Director
COORDINATED WITH: Melanie Pursel, Ocean City Chamber Executive Director

ATTACHMENT(S): Proposed Letter of Agreement

Agenda Item # 5B
Council Meeting August 26, 2014

DRAFT


Letter of Agreement
2015 Ocean City Vacation Guide


THIS LETTER OF AGREEMENT is being entered into by and between the Mayor and City Council of Ocean City
(hereinafter referred to as the Town) and The Greater Ocean City Chamber of Commerce (hereinafter referred to
as the Chamber) and is effective______, upon execution by both parties. This Letter of Agreement shall
hereinafter be referred to as Letter or Letter of Agreement.

Purpose

The purpose of this Letter of Agreement is to guide and direct the parties respecting their affiliation and working
relationship. Principal objectives for this Letter are to:

1. Define responsibilities

2. Define Towns commitment


Term

This Letter of Agreement shall commence on______. Thereafter, the term shall be extended for a period of two (2)
years.


Responsibilities

The Chamber

(A) The Chamber will be solely responsible for the ad sales, content, design, printing and distribution of the
2015 and 2016 Official Ocean City Vacation Guide and all associated costs.
(B) Distribution will include an initial direct mailing to all previous year requests, new requests through the
online form, calls and emails, bulk distribution and local distribution.
(C) The Chamber will supply The Town with a sufficient supply of Guides for distribution to visitors in the
Visitor Center, first-class mailings and trade shows at no cost to the Town of Ocean City.
(D) The Chamber may solicit advertisements from Ocean City CVB members.
(E) The Chamber will identify www.ococean.com as Ocean City Tourism website and www.oceancity.org as
the chamber of commerce website on the cover of the Guide.



The Town

(A) The Town has agreed to purchase 4 pages in the Guide.
(B) The Town will mail the Guide via first class mail to all phone requests needing the guide immediately
and on an as needed basis at The Towns discretion and expense.
(C) The Town agrees that in the event a decision is made to produce its own destination-marketing piece no
advertising will be sold so as to not compete with the Chamber.
(D) The Town will prominently include a Guide image and request form as well as a link to the digital online
Guide on its website at www.ococean.com as well as periodically on its Facebook page and Board Talk e
newsletter.




Resource Commitments


(A) The Town has agreed to purchase 4 pages total at a cost of $16,620.00 per year for a two (2) year period.
(B) The Town will pay a portion of the cost to distribute the publication at a rate of 25% of the annual
distribution cost, not to exceed $20,000.
(C) No other resources will be committed.


Implementation

This agreement is effective beginning with the 2015 Ocean City Vacation Guide.

Entire Understanding

This Letter of Agreement sets forth the entire arrangement between the parties and supersedes all prior oral and
written understandings, representations, and discussions between the parties respecting the subject matter of this
letter.


IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the dated indicated to signify their
acceptance of this Letter of Agreement.

Mayor and City Council for
the Town of Ocean City Greater Ocean City Chamber of Commerce

By: ___________________ By: ___________________

Date: _________________ Date: _________________

Attest: ________________ Attest: ________________



















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, AUGUST 26, 2014


5. NEW BUSINESS

C. 2015 No Smoking Proposal presented by
Planning/Community Development Assistant Director and
Planner






TOWN OF
The White Marlin Capital of the World




TO: The Honorable Mayor, Council President and Members of Council
THRU: David L. Recor, ICMA-CM, City Manager
FROM: Blaine Smith, Planning & Zoning
RE: Smoking on the Beach and Boardwalk
DATE: 8/20/14


ISSUE(S): Restricting smoking on the beach and boardwalk

SUMMARY:
In the April 29, 2014 Work Session, the Mayor and Council directed
City Staff to present an implementation plan to impose smoking
restrictions on our beach and boardwalk. A peer committee was
established to devise a plan of action, develop enforcement criteria,
and prepare draft legislation for presentation by September 1,
2014. The Committee found overwhelming support for enacting
such legislation.

FISCAL IMPACT:
$17,000 -$20,000 to create designated smoking areas at each
street end and along the boardwalk.

RECOMMENDATION:
The Smoking Committee suggests weighing the three options to
form a policy. It is clear that some regulatory standard is needed.



More Livable Community for Residents

ALTERNATIVES:
Choose not to regulate smoking on the beach and boardwalks
Impose more restrictive regulations by banning smoking.

RESPONSIBLE STAFF:
Blaine Smith, Assistant Director of PCD
Bob Nelson, Planner

COORDINATED WITH:
Ross Buzzuro, Police Chief; Lt. Scott Harner, Police; Captain Butch
Arbin, Beach Patrol; Lt. Ward Kovacs, Beach Patrol; John
VanFossen, Assistant PW Director; Terry Steimer, Public Works
Supervisor; Wayne Pryor, Grants Coordinator

ATTACHMENT(S):
1) Smoking Regulations Power Point
2) July 2014 Smoking Committee Discussion
3) Ordinance 2011-07 entitled Tobacco Smoke
4) Draft Ordinance to Ban Smoking
5) Draft Ordinance to Regulate Smoking
6) OCDCs Recommendation to Ban Smoking
7) Beach Aerial Sample
8) Dune Aerial Sample
9) Boardwalk Aerial Sample
10) Street End Sign Sample

Agenda Item # 5C
Council Meeting 8/26/14
8/21/2014
1
Town of Ocean City, Maryland
Beach and Boardwalk Smoking
Regulations Discussion
Mayor and City Council
Work Session
August 26, 2014
Why Regulate Smoking in Ocean City?
Health Concerns asthma, respiratory, nasal, heart,
ingestion by animals
Reduce Litter toxic chemicals released, unsightly
Environmental Costs children, animals, sealife
Economic Costs lost revenue from tourists who wont
visit beaches with litter
8/21/2014
2
Smoke Free Initiative
Sub-Committees Role
Represented by Police, Grants, Planning, Public Works,
Beach Patrol, P.I.O., Public Affairs
Present options to the Mayor & Council
Offer specific recommendations for implementation of
options based on experience and research
Regulating Smoking
Beach: Non-smokers exposure to second-hand smoke
has direct affects; litter visibly detracts from nature
Boardwalk: Non-smokers are exposed to smoke at close
range; litter is visible and disgusting
Bus Stops: Riders are occasionally exposed at covered
stops; not suggested we regulate these areas --
Enforcement is difficult due to undefined outdoor area
around stops
E-cigarettes not included no tobacco used
8/21/2014
3
The Options
Do nothing continue to allow smokers anywhere on
the beach and boardwalk; beach has receptacles in use
now
Regulate Smoking to Designated (defined) Areas year
round or seasonal
Institute a Ban on Smoking on the beach or the
boardwalk year round or seasonal?
Pass an ordinance to mandate restrictions created & outline
enforcement staff and citation fees
Public Survey Results
Website & Access TV Channel message
Request for opinions over 5 weeks
37 responses received
30 favored regulations or total bans
7 not in favor of any restrictions
8/21/2014
4
Ocean City Development
Corporations Boardwalk
Committee Survey
August 6, 2014 Discussion on smoking regulations
Majority of Committee members agreed that a ban is
necessary
Vote: To Ban Smoking from the Beach & Boardwalk
Hotel-Motel Restaurant Association Survey
Survey of businesses done in May, 2014
Result: 60% favored a ban or restricting smoking
8/21/2014
5
Resources Needed for Restrictions
Add text to existing signs
New signs for boardwalk state or local grant?
Receptacles for beach (170-metal) & boardwalk (30-plastic)
Outreach materials for Springfest, Sunfest, Winterfest
Towns website, TV channel, FM radio station to broadcast
smoking-related messages
Funding
Recent offer: Smoking message signs for town vehicles
may be provided by state health department as outreach
magnetic & adhesive brands in support of smoking
cessation programs
Estimated Cost to implement Regulated Smoking:
$17,000-$20,000
8/21/2014
6
Designated Smoking Areas - Beach
Each designated site would be 50 feet east of either the
boardwalk or toe of the established dune
Each beach site would have one 22-gallon red metal
receptacle clearly marked for smokers use
Each boardwalk site would have one 4-gallon plastic
receptacle with a sign posting the area as designated for
smoking
Existing signage at street ends or on lifeguard stands
would inform beach-goers of designated smoking areas
Designated Smoking Areas Continued
Each designated site would be located no closer than 50
feet from a beach entranceway but visible to all beach-
goers
May 1st to September 30th of each year, the designated
smoking areas shall have receptacles provided for use.
October 1st to April 30th of each year, receptacles would
not be in place along the beach. Normal maintenance
would suffice.
1
Ocean City Smoking Policy Discussion for 2015
Discussion Date: 08/26/14
Mayor & City Council of Ocean City, Maryland

The Smoking Committee was formed in May, 2014, following a request by the
Mayor and City Council to formulate a policy on regulating smoking on the Ocean
City beach and boardwalk. Staff was tasked with developing an approach to the
issue. The committee is comprised of staff from these departments: Planning &
Community Development, Public Works, Police, Beach Patrol, City Managers
Office,(Public Information Officer & Grants Coordinator), Public Affairs.

Objective

The Town of Ocean City is proposing that the use of tobacco products (not
electronic devices simulating the sensation of smoking used in vaping, a.k.a. e-
cigarettes) be either regulated or banned on the boardwalk with encouragement
to use ash receptacles where provided to protect the health of its visitors.

Personal Vapoizers (PV) or Electronic Nicotene Delivery Systems (ENDS), also
known as E-cigarettes, are battery-powered devices which simulate tobacco
smoking by producing a vapor that resembles smoke. The user chooses flavors
and nicotine levels to inhale. The device uses a heating element (atomizer) that
vaporizes a liquid solution. There have been reports of these devices rupturing
with some actually exploding. Since no tobacco is consumed through such a
device, their regulation would not affect non-smokers. Two communities in
California, Manhattan Beach and Carlsbad, have banned electronic vaping
devices where tobacco products have been banned.

As for the beach, smokers would be encouraged to stay near the ash receptacles
provided near the dune, if regulated, or not to smoke on the beach at all, if
banned smoking is our desire. The Boardwalk could have designated smoking
sites at intervals of one every 2-3 streets or a ban on smoking that would force
smokers to move to the streets near businesses or onto the beachs designated
smoking sites, if that option was chosen.

Either outright banning of tobacco use in public places or its restriction to
designated areas is happening all over the world. Our research shows that, in the
United States and its territories, out of 32 localities researched, ten of them do
not have bans on smoking outdoors. Locations without outdoor smoking
restrictions for their beaches include, Hilton Head, SC., Myrtle Beach, SC., Vero
Beach, FL., Virginia Beach, VA., Atlantic City, NJ ., and Sea Isle City, NJ . Several
localities are considering such legislation, as we are. Nevertheless, in Ocean
City, to retain our family-oriented environment, the committee believes it would
serve the town by enforcing restrictions. Signage would suggest our regulations
and allow for self-compliance. The reduction of litter is also a goal the Town
wants to achieve through smoking regulations.
2

The Mayor and City Council decided at their meeting on April 29
th
to proceed with
organizing data and comments about smoking restrictions to prepare for a
program aimed at the options to either ban or restrict smoking on the beach,
boardwalk, and at bus stops, including an ordinance, before September, 2014.
Once approved, the agreed upon regulations would take effect on May 1, 2015.

Public Outreach

A message about our proposed smoking regulations was placed on the towns
website and public access channel from late J une through J uly 20
th
, asking for
the opinions of the public. Over a period of 5 weeks, there were 37 comments
received. Of those, 30 people were supportive of some kind of restrictions on
smoking. The other seven people were against any controls over smoking in
public.

The Hotel-Motel-Restaurant Association also took its own survey among its own
members during the Spring season. Their results showed about 60% of
respondents favored regulating smoking.

The OCDC Boardwalk Committee discussed smoking regulations at its meeting
on August 6, 2014 and voted to ban smoking on the beach and Boardwalk.
Health issues and littering were main reasons for the vote to entirely ban
smoking.

The town could create public campaigns about the dangers of smoking and
stopping the littering using our website, our television channel, and our new FM
radio station. We could include funding from the town for awareness literature
and public service announcements.

During the summer seasons, beginning in 2015, smoking guidelines shall be
shown on every street sign, specially-designed boardwalk sign, and lifeguard
stands. Outreach may also include using the Springfest, Sunfest, and Winterfest
as events to promote the program. Special messages can be placed on our
website and public access channel. Local newspapers can run ads similar to the
Walk Smart campaign with emphasis on










3


The Boardwalk

Option One - Regulate

If we want to allow smokers to remain on the Boardwalk but still help non-
smokers avoid second-hand smoke, restricting smoking to specific designated
areas on the Boardwalk would be the action to take. After careful review and
discussion, approximately 21 locations on the Boardwalk were identified that
could serve as designated areas for smokers. We could agree on more or less
but considering the experiences from Public Works staff, we believe this number
of sites would serve our purpose. Receptacles planned for the boardwalk would
be positioned mostly along the eastern side of the boardwalk, south of 7
th
Street,
to place some distance between smokers and the businesses. There is a
concrete section adjacent to the boardwalk where receptacles could be effective.
North of 7
th
Street, receptacles could be placed at the streets end, on the
boardwalk, adjacent to existing wood fencing which protects against people
falling off the boardwalk. It is not necessary to have designated smoking sites on
every street or near benches where visitors rest.


We would purchase about 21 plastic 4-gallon ash receptacles for Boardwalk use
at about $44 each or $924. We might want to purchase a few extra receptacles
to replace damaged or lost ones. In that case, 30 receptacles would cost about
$1,320. There would be about 35 signs which are 12 by 18 inches in size,
posted along the boardwalk to inform patrons to not litter by using the cans
provided. The cost of 35 metal signs would be about $1,575 or $45 each. A
rough estimate for boardwalk materials is $2,895.

Enforcement of the restrictions would be through the Ocean City Police
Department. Initial contact would involve reminding the smoker that there are
designated sites they should move to. Following that reminder, verbal and written
warnings would precede citations in an amount ranging from $25.00 to $1,000 in
a worst case scenario of non-compliance or worse. It is not anticipated that
citations would be necessary as compliance has been voluntary and seems to be
acceptable among most smokers.

4
Option Two Prohibit Smoking Entirely

The town can decide that smoking is enough of a threat to non-smokers that it
should be banned on the boardwalk, entirely. We can remove existing
receptacles and post signage that states smoking is prohibited anywhere on the
boardwalk with an ordinance. In this case, street signs and lifeguard stand signs
would still be altered with new text but indicating this new prohibition. The
general consensus amongst the committee is that banning smoking is
burdensome, considering the current list of prohibited activities in place.

Research did indicate that where bans had been enacted, no real loss of tourism
was seen. Also, the opinion of the OCDCs Boardwalk Committee was that a ban
on smoking should be enacted on the boardwalk.

Ocean City Police officers would be enforcing the ban with verbal or written
reminders/warnings, with citations as a last resort in the amount from $25.00 to
$1,000.

Option Three Pass No Regulation

Decide that regulating smoking is not the way to go and allow smoking to
continue on the boardwalk. Considering all we know about health problems
related to smoking, this should not be considered.

The Beach

Option One - Regulate

The prevailing solution to smoking by the committee was to enact some restrictions to
smoking on the beach to protect non-smokers and to reduce litter from discarded butts.
This option allowed for some limited smoking on the beach around receptacles placed at
a distance from others using the beach. As has been seen by Public Works crews, the
plastic receptacles currently on the beach are being used at acceptable rates. We can
reasonably assume that, with more visible and larger receptacles, usage by smokers will
remain high and be self-enforced.

We would provide roughly 156 red 22-gallon metal ash cans at each street intersecting
the beach, near beach entry points on the east side of the dune with the purchase of 14
replacement containers for a total of 170 cans. These 170 ash cans cost about $60
each equaling $10,200 (Estimated price per unit includes the 22 gallon
container, paint, labels, and freight). The metal receptacle will have a tight lid with
holes to allow smokers to drop their tobacco products through it. There shall be
no sign indicating a designated smoking area near the receptacle as use has
been very good in the past without signs on the beach. Lifeguard stand signs
would be altered to explain any new regulations on smoking. Signs at the head of
streets intersecting the beach and Boardwalk would also have text added to
explain new smoking regulations.
5



A sticker shall be affixed to each red metal receptacle reading Please Smoke
Within 50 Feet of Cigarette Receptacle.

The use of tobacco products on the beach shall be restricted to designated
receptacle sites found 50 feet east of the dune or boardwalk and 50 feet to either
side of a beach access point; preferably, at mid block. The cans will not be
anchored. It is expected that we will find some cans relocated and a few lost due
to tides, storms, theft, or vandalism.

Ocean City Police officers would be enforcing the restrictions with verbal or
reminders/written warnings, with citations as a last resort in the amount from
$25.00 to $1,000 only in a worse case scenario.

Additional Consideration

It has been noted by Public Works staff that during the month of J une, high
school seniors are in town. Historically, this group of young adults has been
responsible for the destruction of receptacles on the beach. With the addition of
these bright red cans, it is expected that there will be some loss of cans to
vandalism during J une. Whether or not to remove some of the new receptacles
during J une should be considered. Such attractive targets as the red cans are
expected to be found in the waters off the beach during J une.



One can every street on the beach
6
Option Two Ban Smoking Entirely

There would be no allowable smoking anywhere on the beach. Enforcement
would be able to target smokers and remind them of the ban.

Ocean City Police officers would be enforcing the ban with verbal or written
reminders/warnings, with citations as a last resort in the amount from $25.00 to
$1,000.

Existing street signs and lifeguard stands would be amended with text explaining
the ban. Beach Patrol personnel would not be part of enforcement.

Option Three Pass No Ban on Beach Smoking

Considering the feedback we have received as explained in the Public Outreach
section on page 2, families with children, those with respiratory illnesses, and
business owners, for the most part, are in favor of banning smoking for its health
consequences and contribution to littering. Allowing smoking to continue on the
beach would be irresponsible on our part as hosts to those who desire clean
beaches and clean air to breathe.

Enforcement

Any and all enforcement as to a restricted smoking law or a ban on smoking
would be accomplished by the Ocean City Police Department. In no way shall
our Beach Patrol staff be involved in enforcement. They may participate in life-
saving activities as they are trained in such skills. As stated earlier, anyone using
electronic smoking devices shall not be required to abide by any ordinance
passed to regulate the use of tobacco products.

Financing

Given these preliminary totals, we can expect the Town would require a funding
level in the $17,000 - $20,000 range to implement the initiative.

Grants to assist with the implementation and promotion of Ocean Citys smoke-
free initiatives continue to be sought. Organizations such as the Maryland
Department of Health & Mental Hygiene, Worcester County Health Department,
American Lung Association, Surf Riders Association, and the Community
Foundation of the Eastern Shore have been identified as possible funding
sources. Once the Councils policy direction has been established, the program
scope determined, and a project budget developed, grant applications can be
filed.



7


Bus Stops

Whether or not to enforce any restrictions on smoking at any of the towns bus
stops was originally discussed by some on the City Council. The topic was
discussed by the Smoking Committee with data being shared by the police
representative. It was decided that placing restrictions or limitations on smoking
at bus stops with accurate enforcement would be too difficult without interfering
with normal use of the waiting area. A bus stop designated by a sign on a pole is
basically an undefined area, making enforcement nearly unfair. A bus stop with a
covered shelter has a more defined area. Users could be informed via sign to
only smoke outside the shelter. The committee believes bus stops should not
have any smoking regulations for these reasons. The larger transit stations could
be designated for smokers with areas outlined and signage to indicate the
intention. Should it be decided to include any bus stops under any smoking
restrictions, enforcement would again be by the Ocean City Police Department,
at their discretion as staff become available.







First Reading
Second Reading
lt
ORDINANCE 2 0 1 1 - 1
AN ORDINANCE TO AMEND CHAPTER 30 , ENTITLED ENVIRONMENT,
OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BYTHE MAYOR AND
CITYCOUNCILOF OCEAN CITYTHAT CHAPTER 30 , ENTITLED ENVIRONMENT, OF
THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND THE SAME IS
HEREBYAMENDED BYADDINGARTICLE VIII, AS FOLLOWS:
ARTICLE VIII. ENVIRONMENTAL TOBACCO SMOKE
Sec. 30 - 60 1 . Definitions.
Environmentaltobacco smoke" means the complex mixture formed from
escaping smoke ofa burning tobacco product or smoke exhaled by the smoker.
Smoking" means the burning of a lighted cigarette, cigar, pipe, or any other
matter or substance that contains tobacco.
Sec. 30 - 60 2 . Legislative Intent.
It is the intent ofthe Mayor and City CouncilofOcean City to protect the public
and its employees from involuntary exposure to environmentaltobacco smoke in certain areas
open to the public.
Sec. 30 - 60 3. Violations.
Smoking is unlawfulin the following public parks:
LAW OFFICES
AYRES, JENKINS,
GORDY& ALMAND, PA
SUITE 2 0 0
62 0 0 COASTAL HIGHWAY
OCEAN CITY, MD 2 1 842
a)Ocean BowlSkate Park
b)Ocean City Tennis Center at 61 " Street &
CoastalHighway
c)Playgrounds at Bayside Park (aka Downtown Recreation Complex)
d)Playgrounds at Robin Park
e)Playgrounds at Little Salisbury Park
f)Playgrounds at Northside Park
g)Playgrounds at Gorman Park
h)Playgrounds at Northh Surf Park y,
Sec. 30 - 60 4. Penalties.
Anyperson who violates Sec. 30 - 60 3hereof shallbe subject to ejection from the
public park and be subject to a municipalinfraction ofup to $50 0 . 0 0 , which can be issued by an
employee of the Department of Recreation and Parks in addition to those enforcers listed in
Section 1 -8 of this Code.
INTRODUCED at a meeting ofthe City CouncilofOcean City, Maryland held on March
7, 2 0 1 1 .
as
Amr
1 1 0
ADOPTED AND PASSED by the required vote ofthe elected membership of the City
Counciland approved by the Mayor at its meetind on March 2 1 , 2 0 1 1 .
ATTEST:
KATHLEEN A.P. MATHIAS, Clerk CHARD W. MEEH N, Mayor
Approved as to Form:
LC
J
ES S. HALL, President
j
GUY
AYRES III, City Solicitor tX
V `I
Lt6YD MXATIN, Secretary


ORDINANCE # __ DRAFT (BAN on SMOKING)

AN ORDINANCE TO AMEND CHAPTER 30, ARTICLE VIII,
ENVIRONMENTAL TOBACCO SMOKE, OF THE CODE OF THE TOWN OF
OCEAN CITY, MARYLAND
NOW,THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND
CITY COUNCIL OF OCEAN CITY THAT CHAPTER 30, ARTICLE VIII,
ENTITLED ENVIRONEMNTAL TOBACCO SMOKE, OF THE CODE OF THE
TOWN OF OCEAN CITY BE AND THE SAME IS HEREBY AMENDED TO
PROHIBIT OUTDOOR SMOKING ON THE BEACH AND BOARDWALK

WHEREAS, The Mayor and City Council of the Town of Ocean City have
deemed it desirable for established public health and sanitation reasons to ban smoking on
the beach and the boardwalk; and

WHEREAS, there has recently been considerable public interest in banning
smoking to other public areas of the town; and

WHEREAS, The Mayor and City Council find it in the public interest to include
additional public areas where smoking should be banned.

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
Town of Ocean City, Maryland, in session met, in the manner following to wit:
Section 30-601 Definitions 1) add the definition for a beach as found in Chapter 30
Environment, Subdivision II, Beach District Regulations, Dune means any naturally
occurring or manmade accumulations of sand in ridges or mounds landward of the beach;
and 2) add Boardwalk means the manmade wooden structure west of and bordering the
beach where people walk, bike, run, and drive north and south from South 2
nd
Street to 27
th

Street. The Boardwalk does not include the concrete protrusions east of the boardwalk
found from Wicomico Street to 4
th
Street. ; (3) add beach which is beach (erosion
control district) or the area of land bordered on the north by the boundary line between
Maryland and Delaware, bordered on the east by the Atlantic Ocean, bordered on the south
by the Ocean City inlet, and bordered on the west by the State-Ocean City building limit
line, (COMAR 08.09.02.01); (4) add beach erosion control district which is the area
of land bordered on the north by the boundary line between Maryland and Delaware,
bordered on the east by the Atlantic Ocean, bordered on the south by the Ocean City inlet,
and bordered on the west by the State-Ocean City building limit line (COMAR); (5) add
Ocean City Building Limit Line (COMAR 08.09.02.02) as defined in this section of the
Code of Maryland


Section 30-603-Violations, the list of affected areas under the banned smoking areas in
place: Add: (i) The Beach and (j) The Boardwalk from Ordinance 2011-7, 03/21/2011.

Section 30-603-Violations, the list of affected areas under the smoking ban in place: Add:
(i) The Beach and (j) The Boardwalk from Ordinance 2011-7, 03/21/2011.

Section 30-604 Penalties: add that citations can be issued to violators of the smoking
ban at the discretion of the enforcement officer following a verbal or written warning for
the violator to cease the use of tobacco products; unless, said tobacco user is within a
marked designated smoking area.

The Mayor and City Council encourage voluntary use of the receptacles provided in these
designated smoking areas to minimize the need for enforcement.

The smoking ban in outdoor public areas will not include electronic smoking devices as
they do not create litter or smoke.
The sites on the beach where the town designates as smoking areas will have clearly-
marked cigarette/cigar butt receptacles that are red cans located about 50 feet from the base
of the eastern side of the dune and about 50 feet from the beach entranceway from the
dune. The ban shall encompass all/part of the beach/except for designated smoking areas
near the dunes.The ban shall encompass all of the wooden portion of the boardwalk in its
entirety. Lifeguard chair signs and street signs will indicate there are designated
receptacles and reference the ordinance that bans smoking outside these areas.

The sites on the boardwalk that the town designates as smoking areas will have clearly
marked cigarette/cigar butt receptacles. Signs positioned along the boardwalk will request
smokers use the receptacles at the designated locations. Otherwise, all other areas are part
of the smoking ban. Enforcement of this ordinance shall come from the Ocean City Police
Department. Citations may be issued to violators of the smoking ban at the discretion of
the enforcement officer on scene. Citation amounts shall be from $25.00 to $1,000.

NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Mayor and City
Council of the Town of Ocean City, Maryland, in session met, as follows:

__________________________________ ______________________________
KELLY ALLMOND, City Clerk RICHARD W. MEEHAN, Mayor
Approved as to form: ______________________________
_________________________________ LLOYD MARTIN, President
GUY R. AYRES, III, City Solicitor ______________________________
MARY KNIGHT, Secretary
Leavethis
partinif
designated
sitesare
used




PAGE LEFT INTENTIONALLY BLANK


ORDINANCE # __ draft (LIMITED regulations)

AN ORDINANCE TO AMEND CHAPTER 30, ARTICLE VIII,
ENVIRONMENTAL TOBACCO SMOKE, OF THE CODE OF THE TOWN OF
OCEAN CITY, MARYLAND
NOW,THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND
CITY COUNCIL OF OCEAN CITY THAT CHAPTER 30, ARTICLE VIII,
ENTITLED ENVIRONMENTAL TOBACCO SMOKE, OF THE CODE OF THE
TOWN OF OCEAN CITY BE AND THE SAME IS HEREBY AMENDED TO
REGULATE OUTDOOR SMOKING IN PUBLIC PLACES

WHEREAS, The Mayor and City Council of the Town of Ocean City have
deemed it desirable for established public health and sanitation reasons to regulate
smoking on the beach and the boardwalk; and

WHEREAS, there recently has been considerable public interest in extending the
regulation of smoking to other public areas of the town; and

WHEREAS, The Mayor and City Council find it in the public interest to include
additional public areas where smoking should be regulated. As referenced in Ordinance
2011-7 which states, It is the intent of the Mayor and City Council to protect the public
and its employees from voluntary exposure to environmental tobacco smoke (the
complex mixture froma burning tobacco product) in certain areas open to the public.

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
Town of Ocean City, Maryland, in session met, in the manner following to wit:
Section 30-601 Definitions 1) add the definition for a Dune as found in Chapter 30
Environment, Article II, Beach District Regulations, Dune means any naturally
occurring or manmade accumulations of sand in ridges or mounds landward of the beach;
and 2) add the term Boardwalk which means the manmade wooden structure west of
and bordering the beach where people walk, bike, run, and drive north and south from
South 2
nd
Street to 27
th
Street. The Boardwalk does not include the concrete protrusions
east of the boardwalk found from Wicomico Street to 4
th
Street; (3) add beach which
is beach (erosion control district) or the area of land bordered on the north by the
boundary line between Maryland and Delaware, bordered on the east by the Atlantic
Ocean, bordered on the south by the Ocean City inlet, and bordered on the west by the
State-Ocean City building limit line, (COMAR 08.09.02.01); (4) add beach erosion
control district which is the area of land bordered on the north by the boundary line
between Maryland and Delaware, bordered on the east by the Atlantic Ocean, bordered
on the south by the Ocean City inlet, and bordered on the west by the State-Ocean City
building limit line (COMAR); (5) add Ocean City Building Limit Line (COMAR
08.09.02.02) as defined in this section of the Code of Maryland


Section 30-603-Violations, the list of affected areas under the regulated smoking areas in
place: Add: (i) The Beach and (j) The Boardwalk from Ordinance 2011-7,
03/21/2011.

Section 30-604 Penalties: add that citations can be issued to violators of the smoking
regulations on either the beach or the boardwalk at the discretion of the enforcement
officer following a verbal or written warning for the violator to cease the use of tobacco
products; unless, said tobacco user is within a marked designated smoking area. Citation
amounts shall be from $25.00 to $1,000.

The Mayor and City Council encourage voluntary use of the receptacles provided in these
designated smoking areas to minimize the need for enforcement.

The smoking regulations in outdoor public areas will not include electronic smoking
devices as they do not create litter or smoke.

The sites on the beach where the town designates as smoking areas will have clearly-
marked cigarette/cigar butt receptacles that are red cans located about 50 feet from the
base of the eastern side of the dune and about 50 feet from the beach entranceway from
the dune. Lifeguard chair signs and street signs will indicate there are designated
receptacles.

The sites on the boardwalk that the town designates as smoking areas will have clearly
marked cigarette/cigar butt receptacles. Signs positioned along the boardwalk will request
smokers use the receptacles at the designated locations. Enforcement of this ordinance
shall come under the Ocean City Police Department.

NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Mayor and City
Council of the Town of Ocean City, Maryland, in session met, as follows:

__________________________________ ______________________________
KELLY ALLMOND, City Clerk RICHARD W. MEEHAN, Mayor
Approved as to form: ______________________________
_________________________________ LLOYD MARTIN, President
GUY R. AYRES, III, City Solicitor ______________________________
MARY KNIGHT, Secretary
1 I
i
P
i
I
Board
of
Directors
August 1 8, 201 4
I
Robert Givarz
President
TotheMayor andCity Council:
Igor Conev
The Ocean City Development Corporation and its Boardwalk Committee wish to
Vice-President
offer our recommendation to the Mayor and City Council in their efforts to
ReidTingle
introduce
smoking
restrictions on the Beach and Boardwalk for next season. We
Secretary
support abanon smokingfor thesetwoimportant areas ofOceanCity.
WayneHartman
Treasurer
Smoking areas can be provided at the street ends on adjacent side streets to the
Todd Ferrante
Boardwalk but should not be located oneither the Boardwalk or beach. Cigarette
Past-President receptacles need to be provided at these side street areas, west ofthe Boardwalk,
and signage to explainthe
policy. Due to their proximity and connection to each
Charles Barrett other, theBoardwalk andbeach shouldbetreatedthesame way.
BryonDavis
Beachgoers do not want to expose themselves or their children to the effects of
C. Te xou t
second hand smoke onthe beach or boardwalk. Our main goal is to offer a safe,
g
cleanbeach andatmospherefor our residents, visitors, andemployees.
Jesse C. Houston
Patriciallczuk-Lavanceau
TheOCDC anditsBoardwalk Committeediscussedother alternatives, but believea
banonsmokingisthebest way togofor OceanCity' s Boardwalk andbeach. It isa
Jay
c.r en
much needed response for our residents, employees, and visitors.
Other nearby
JohnC. Lewis
beach communities, such as Fenwick Island, Bethany Beach, and Rehoboth Beach
haveinstitutedsmokingbans ontheir beaches andwebelieve OceanCity shoulddo
Geoffrey
Robbins
likewise.
Rehoboth Beach and Bethany Beach have banned smoking along its
Bill
Sieg
boardwalks, too.
Chris Trimper
The OCDC and its Boardwalk Committee offers our support infuture discussions
onthis issue.
ExecutiveDirector
GlennIrwin
Thank youfor your considerationofthisrecommendation.
Fx-O cioMembers:
Sincerely,
EconomicDevelopment Committee
OceanCity Chamber ofCommerce
OceanCity DowntownAssociation
Robert Giv , President VickiBarrett, airperson
Ocean City Hotel Motel Restaurant
Association, t.
Ocean Ci evelopment Corporation OCDC Boardwalk Committee
TownofOcean City
Worcester
County cc: DavidRecor, City Manager
OCEAN CITYDEVELOPMENT COPORATION
1 08 Dorchester Street Ocean City, Maryland2] 842
Telephone: 41 0- 289- 7739 Faa: 41 0- 289- 7742 Website: w w. ocdc.
org
Pier to Talbot Street Sample Placement of Receptacles

Locationofreceptaclesendofboardwalkstartofdune
Inlet to Pier Placement of Receptacles

Existing street signs will be amended



















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, AUGUST 26, 2014


5. NEW BUSINESS

D. Request for Approval to Transfer Storm Water and Critical
Area Mitigation Funds for Storm Water, Habitat and
Pervious Pavement Projects presented by Environmental
Engineer





TOWN OF
The White Marlin Capital of the World




TO: The Honorable Mayor, Council President and Members of Council
THRU: David L. Recor, ICMA-CM, City Manager
FROM: Gail Blazer, Environmental Engineer
RE: Critical area mitigation money for stormwater and habitat projects
DATE: August 15, 2014


ISSUE(S): Request to transfer money from the storm water and critical area
deferred revenue account to pay for environmental projects and
programs. This includes $50,000 for the pervious pavement on 3rd
street project and $20,000 for other projects

SUMMARY: The Town of Ocean City collects fee in lieu money for projects that
don't meet certain performance standards. These funds must be
put in a deferred revenue account and be used only for stormwater,
environmental or habitat projects. We have a balance of $238,342
in the Stormwater, Afforestation and Critical Area accounts.

Stormwater and habitat projects include the Rain Barrel Program,
Rain garden program, Stormwater retrofit cost Share, Beach
District Planting Program, BayScape planting program, Tree
rebates, summer interns who work on Environmental/Habitat
projects, Dune Patrol and cleanup supplies and Environmental
elements for municipal projects such as the pervious pavers at the
3rd street bayside park project

More Livable Community for Residents

FISCAL IMPACT: The money in these accounts must be used for environmental
projects and thus the request meets these criteria. No general fund
money is involved in this budget amendment.

RECOMMENDATION: Staff recommends transferring $35,000 from the Critical Area
account and $35,000 from the stormwater account to be used for
the recommended projects.

ALTERNATIVES: Not approving the transfer the funds for these projects

RESPONSIBLE STAFF: Gail Blazer, Environmental Engineer

COORDINATED WITH: Terry McGean, City Engineer
Hal Adkins, Director Public Works

ATTACHMENT(S): Account balance summary

Agenda Item # 5D
Council Meeting August 26, 2014
GM200I02 TOWN OF OCEAN CITY MD 8/15/14
Fiscal year 2015 Account Balance Inquiry 14:27:20



Element . . . . . : 30 CRITICAL AREAS MITIGATION
Account number . . : 1-0000-221.30-00 Db/Cr . : C
Total . . . . . . : $116,277
(This amount doesn't include what is held in escrow in this account)

Element . . . . . : 40 STORMWATER MITIGATION
Account number . . : 1-0000-221.40-00 Db/Cr . : C
Total . . . . . . : $114,329.09

Object . . . . . . : 10 AFFORESTATION MITIGATION
Account number . . : 1-0000-221.30-10 Db/Cr . : C
Total . . . . . . : $ 7,735.93

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