agenda - monday, november 1, 2021

MAYOR AND CITY COUNCIL

REGULAR MEETING Monday, November 1, 2021 – 6:00 PM

AGENDA

1. CALL TO ORDER

2. PRAYER AND PLEDGE

3. RECOGNITION OF PROPOSALS

A. Proposal Recognition - Advertising Services

4. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL

A. Proclamation Recognizing November as Family Court Awareness Month

B. Standing Committee Draft Agendas 1. Police Commission - November 8 2. Tourism Commission - November 15 3. Recreation and Parks Committee - November 9 4. Coastal Resources Legislative Committee - November 10 5. Bicycle and Pedestrian Advisory Committee - November 10 6. Pension Committee - November 17

5. CONSENT AGENDA

A. Approval of Minutes 1. Regular Meeting #17 dated October 18, 2021

B. Private Event Approval Request for the Ocean City Jeep Club Toys for Tots Beach Run - November 13, 2021

C. Bid Award Recommendation for Public Safety Building UPS Replacement

D. Bid Award Recommendation for Annual Street Paving

E. Bid Award Recommendation for Exterior Painting and Repairs of the 94th Street Water Tank

6. MISCELLEANEOUS REPORTS AND PRESENTATIONS

A. Request to Fund 94th Street Water Tank Interior Rehabilitation presented by Public Works Director Hal Adkins

B. Composting Pilot Program Update presented by Garvey Heiderman, Owner, Compost, LLC/The Hobbit Restaurant

7. PUBLIC HEARINGS

8. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF

9. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR

Mayor and City Council – Regular Meeting November 1, 2021

A. First Reading - Ordinance 2021-21 to Close and Convey a Platted and Unimproved East/West Alley between 74th/75th Street Bayside and Accept the Dedication of an Easement to Widen the North/South Platted and Unimproved Alley in the Same Block

B. Resolution 2021-16 Documenting Denial of 3 Cell Tower Applications in the MH District (specifically 354 South Ocean Drive, 243 South Ocean Drive and 167 South Ocean Drive)

10. COMMENTS FROM THE PUBLIC

A. Any person who may wish to speak on any matter at the Regular Meeting may be heard during Comments from the Public for a period of five (5) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.

11. COMMENTS FROM THE CITY MANAGER

A. City Manager Comments 1. The November 9 Work Session has been canceled. The next meeting of the Mayor and

City Council is Monday, November 15.

12. COMMENTS FROM THE MAYOR AND CITY COUNCIL

A. Mayor and City Council Comments

13. ADJOURN

TOWN OF

The White Marlin Capital of the World

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

THRU: Doug R. Miller, City Manager

FROM: Catrice Parsons, Procurement Manager

RE: Proposal Recognition - Advertising Services

DATE: October 20, 2021

ISSUE(S): Proposal Recognition – Advertising Services

SUMMARY: Purchasing in conjunction with Tourism and Economic

Development solicited proposals for the Advertising Services as

approved in the FY22 Budget.

FISCAL IMPACT: To be determined

RECOMMENDATION: Read vendor names into record and remand to staff for further

review.

1st Class Resort and Tourist Destination

ALTERNATIVES: Not Applicable

RESPONSIBLE STAFF: Catrice Parsons, Procurement Manager

Tom Perlozzo, Director of Tourism and Business Development

COORDINATED WITH: Not Applicable

ATTACHMENT(S): 1. Bidder's List - Advertising Services

Agenda Item # 3.A

Council Meeting November 1, 2021

3.A

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Vendor BidGKVHZ MarrinerMartin AgencyMiles Partnership Planit R2integratedRP3 AgencySparkSymmetry AgencyTBC WarschawskiYes&

Advertising ServicesProposal Tab

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FROM: Diana Chavis, City Clerk

RE: November as Family Court Awareness Month


ISSUE(S): Proclamation recognizing November as Family Court Awareness

Month

SUMMARY: Currently, many families in our community are struggling in

silence and facing the reality that child safety is not being

prioritized. Ocean City supports and recognizes the importance of

a family court system that prioritizes child safety and acts in the

best interest of children.

Abuse survivor and advocate Christine Drumgoole will accept the

proclamation.

FISCAL IMPACT: Not applicable

RECOMMENDATION: Not Applicable

More Livable Community for Residents

ALTERNATIVES: Not applicable

RESPONSIBLE STAFF: Lauren Davis, Executive Assistant to the Mayor

COORDINATED WITH: Christine Drumgoole, Abuse Survivor, and Advocate Tina Swithin,

Creator

ATTACHMENT(S): 1. Proclamation

Agenda Item # 4.A


4.A

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Family Court Awareness Month – November WHEREAS, the mission at One Mom’s Battle (OMB) and the Family Court Awareness Month Committee (FCAMC) is to increase awareness on the importance of a family court system that prioritizes child safety and acts in the best interest of children and;

WHEREAS, the mission at the FCAMC is to increase awareness on the importance of education and training on domestic violence, childhood trauma and post separation abuse for all professionals working within the family court system and;

WHEREAS, the mission at the FCAMC is to educate judges and other family court professionals on the empirical data and research that is currently available. Such research is a critical component to making decisions that are truly in the best interest of children and;

WHEREAS, the mission at the FCAMC is fueled by the desire for awareness and change in the family court system while honoring the 800(+) children who have been murdered by separating or divorcing parents and; NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of Ocean City, Maryland, do hereby proclaim the month of November as Family Court Awareness Month in Ocean City and commend its observance to all citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the Town of Ocean City, Maryland to be affixed this 1st day of November in the year of our Lord Two Thousand and Twenty-One.

___________________________ RICHARD W. MEEHAN Mayor

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RE: Standing Committee Draft Agendas


ISSUE(S): Standing Committee Draft Agendas

SUMMARY: 1. Police Commission – November 8

2. Tourism Commission – November 15

3. Recreation and Parks Committee – November 9

4. Coastal Resources Legislative Committee – November 10

5. Bicycle and Pedestrian Advisory Committee – November 10

6. Pension Committee – November 17

The Transportation Committee will not meet during the month of

November.

FISCAL IMPACT: Not Applicable


Excellent Service through a High Performing Town Organization


RESPONSIBLE STAFF: Not Applicable


ATTACHMENT(S): 1. 2021-11-08 Police Commission Agenda

2. 2021-11-15 Tourism Commission Agenda

3. 2021-11-09 Recreation and Parks Agenda

4. 2021-11-10 Green Team Draft Agenda

5. (2021.11.10) BPAC_Meeting Agenda #40

6. 2021-11-17 Pension Committee Draft Agenda

Agenda Item # 4.B


4.B

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Ocean City, Maryland Police Commission

OPEN AGENDA

Monday, November 8, 2021 – 9:00 AM Public Safety Building, Third Floor Conference Room

6501 Coastal Highway

1. Call to Order

2. Approval of Minutes of the October 13, 2021 Police Commission Meetings

3. Chief Buzzuro’s Update

4. Body-Worn Cameras – Chief Buzzuro

5. Seasonal Recruiting Update

6. Discussion of 142nd Street Traffic/Speeding Issues

7. Other Business

8. Adjourn

Part of this meeting may be closed to the public in accordance with the Open Meetings Act

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Tourism Commission Meeting Agenda

Monday, November 15, 2021

1 p.m. Convention Center Conference Room

1) Approval of Minutes

2) Ad Agency Update & Timeline

3) Perception Study Final Report

4) CVB Update

5) Future Tourism Commission Meetings Schedule Approval

6) Adjourn Note: Standing Committee Reports will now be submitted in writing. If you have a matter that you would like on the agenda, please contact Leslie Donavan at [email protected]. Part of the meeting may be closed in accordance with the Maryland Open Meetings Act.

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mailto:[email protected]

OCEAN CITY, MARYLAND

RECREATION & PARKS COMMITTEE Tuesday, November 9, 2021

Northside Park 3:30 p.m.

AGENDA

OCRP Values: Team Work, Quality, Integrity, Innovation, Safety, Stewardship, Accessibility and Fun!

OCRP Mission: To provide quality recreational, cultural and social opportunities, as well as safe, clean,

enjoyable parks, beaches and facilities to enhance the quality of life for Ocean City residents and visitors

1. Call to Order

2. Eagle’s Landing Local Rates

3. Special Events ROI Spreadsheet and Income Statements Discussion

4. Beverage Franchise Agreement

5. Projects 5-Year Preview

6. Other Business and/or Operational Updates

Part of the meeting may be closed to the public in accordance with the Open Meetings Act.

Susan/Word/Rec & Parks Committee Meeting Agenda November 9, 2021

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Green Team Agenda November 10, 2021

3:30 to 5:00 Council Conference Room

Video conference available upon request

1. Approval Meeting minutes - 2 min

2. Introductions and Greeting – 5 min

3. Approval of next year meeting dates. 2-min

4. Update on Nuisance Flooding and the quarterly reports, Bill and Terry. 10 min

5. Litter Free OC update -10 min

a. Update on all cleanup programs including beach, dune, street and bay areas

b. Butt hut review

c. Focus of next year efforts

6. Sustainable Maryland application renewal 2022 discussion- 20 min

7. Old Business and Comments -

Next Meeting January 12, 2022 - 3:30 to 5:00

Council Conference Room, City Hall, 301 Baltimore Ave

If you would like a video invitation to the meeting please let me know by November 3, 2021

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Town of Ocean City, Maryland Bicycle & Pedestrian Advisory Committee (BPAC) Meeting Agenda

Page 1 of 1

OCEAN CITY BICYCLE & PEDESTRIAN ADVISORY COMMITTEE (OC BPAC)

Meeting Agenda

DATE: Wednesday, November 10th, 2021

TIME: 2:00 PM

LOCATION: City Hall, Community Room

301 Baltimore Avenue

Ocean City, MD 21842

RE: OC BPAC Meeting #40

DISCUSSION ITEMS:

40.1. Review & Approve 2021.10.20 Meeting Minutes and Action Items. 40.2. Oceanside Street End Bike Racks.

(Mary Wiedorfer, Hal Adkins, Paul Mauser) 40.3. Ocean City Strategic Plan – Project Status.

(Paul Mauser, Bill Neville) 40.4. Review of Mayor’s Bike Ride – October 31st.

(Tony DeLuca, Frank Miller) 40.5. Open Session. Next OC BPAC Meeting: Wednesday, December 8th at 2:00 PM. Part of this meeting may be closed to the public in accordance with the Open Meetings Act.

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Town of Ocean City Pension Committee Agenda November 17, 2021, 9:00 AM City Hall Council Chambers

1. Call to Order

2. Matt James, Council President & Committee Chairperson

a. Opening Remarks

3. David Esham – Morgan Stanley

a. 3rd Quarter Pension Plan Performance Reports

4. Russell LaGreca – Morgan Stanley

a. Nationwide 401(a) Plan and 457(b) Plan

5. Review approval of Cavanaugh Macdonald contract

6. Adjourn

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RE: Approval of Minutes


ISSUE(S): Request to Approve Minutes

SUMMARY: 1. Regular Meeting #17 dated October 18, 2021


RECOMMENDATION: Approve minutes.


ALTERNATIVES: Modifications if necessary.

RESPONSIBLE STAFF: Diana Chavis, City Clerk

COORDINATED WITH: Deputy City Clerk Jessica Cropper

ATTACHMENT(S): None

Agenda Item # 5.A


5.A

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TOWN OF




FROM: Frank Miller, Special Events Director

RE: Ocean City Jeep Club Toys for Tots Beach Run


ISSUE(S): Jay Knerr, representing the Maryland International Kite Expo.,

Inc., in conjunction with the Ocean City Jeep Club, requests

Council approve the Ocean City Jeep Club Toys for Tots Beach

Run, tentatively scheduled for Saturday, November 13, 2021 on

the beach from the Inlet to 5th St. and back, during the hours of

3-5:30 pm.

SUMMARY: As the Kite Loft is a designated drop-off location for the Toys for

Tots program, the OC Jeep Club would like to have no more than

150 Jeeps drive on the beach from the Inlet to 5th St., and park

on the beach in front of the Kite Loft to deliver toy donations.

Photos would be taken and the Jeeps would then drive south on

the beach, exiting at the Inlet Lot.

If approved, Beach Patrol shall manage the parade as well as the

vehicular exiting of the beach.

FISCAL IMPACT: The applicant shall pay the Town $162.50 in private event fees.

RECOMMENDATION: Approve the event as presented.


ALTERNATIVES: No staff alternatives suggested.

RESPONSIBLE STAFF: Lisa Mitchell, Special Events Coordinator

Butch Arbin, Beach Patrol Captain

COORDINATED WITH: Jay Knerr, MD International Kite Expo, Inc.

ATTACHMENT(S): 1. November 2021 Calendar

2. ROI Calculation

3. Draft Permit

4. Application

Agenda Item # 5.B


5.B

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2021 SUNDAY

CALENDAR YEAR FIRST DAY OF WEEK

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

31 01 02 03 04 05 06

PE - Boardwalkin' for

Pets

07 08 09 10 11 12 13

PE - Storm Warriors 5K

PE - OC Jeep Club Toys for Tots

Beach Run - TENTATIVE

14 15 16 17 18 19 20

WF Opens WF WF

21 22 23 24 25 26 27

WF WF WF WF WF WF WF

28 29 30 01 02 03 04

WF WF WF

05 06 07 08 09 10 11

NOVEMBERCALENDAR MONTH

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Ocean City - City Council Review Document

Event:

Location:

EXECUTIVE SUMMARY

Revised 01/26/16

EVENT DATES

X NEW EVENT Setup:

FOR-PROFIT Start:

X NON-PROFIT End:

X COUNTY Out by:

TIME OF YEAR ESTIMATED BASICS ACTUAL EST. COSTS PROJ. SPENDING & TAX RECEIPTS

January Ttl Attend: 150 DPW -$ Est. Ttl. Spending TOC Tax

February Participants 150 OCPD -$ Lodging: -$ -$

March Spectators - EMS -$ F&B: 2,100$ 11$

April Vendors - TRANS -$ Amuse: 1,260$ 25$

May Room Nights - OCBP 394$ Ttl: 3,360$ 36$

June Ttl 394$ DEPT. OPINION SUMMARY

July FEES Straight Discount? Disc. Value Ext. Fee 14% Risk to Town

August App Fee 100$ YES 75% 25$ 85% Timeframe Value

September Space Usage 150$ YES 75% 38$ 16% Uptown Impact

October Conc/Fran -$ N/A N/A -$ 75% Downtown Impact

X November Parking -$ N/A N/A -$ Request 87% Production Quality

December Equip/Labor -$ YES 0% -$ N 25% Traffic Generation

Other 100$ N/A N/A 100$ 85% Value to Populous

Event Assist TOTAL 350$ 7$ 535$ 163$ 78% Target Mkt Value

86% Event Promotion

Track-Record: YES Self-Sustaining: YES Draws Mkt: YES 72% Sustainability

Budget Exists: NO Ann. Growth: YES Multi-State: NO 66% Long-Term Benefit

ROI INDICATORS REVIEW 59.13% 67% Desirability

XXXXXXXXXXX XXXXXXXXXX XXXXXXXXXXXX XXXXX 19% TOC Assets Use25% 40% 55% 70% 85% 87% Positive Impact

FUNDING REQUEST? NO -$ CALCULATION JUSTIFIED? NO 61% Worth Investing In

Saturday, November 13, 2021

Town of Ocean City, Maryland

Mayor & City Council Review

Private Event at a Glance

OC Jeep Club's Toys for Tots Beach Drive




Beach from the Inlet to 5th Street

Jeep beach drive from the Inlet to the Kite Loft on 5th Street to drop off Toys for Tots Christmas donations.

Information contained herein is for qualifying events using subjective measures quantified to provide indicators as a forecast of event performance, fit and value.

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Ocean City - City Council Review Document

Event:

Location:

EXECUTIVE SUMMARY

Revised 01/26/16

EVENT DATES

X NEW EVENT Setup:

FOR-PROFIT Start:

X NON-PROFIT End:

X COUNTY Out by:

TIME OF YEAR ESTIMATED BASICS ACTUAL EST. COSTS PROJ. SPENDING & TAX RECEIPTS

January Ttl Attend: 150 DPW -$ Est. Ttl. Spending TOC Tax

February Participants 150 OCPD -$ Lodging: -$ -$

March Spectators - EMS -$ F&B: 2,100$ 11$

April Vendors - TRANS -$ Amuse: 1,260$ 25$

May Room Nights - OCBP 394$ Ttl: 3,360$ 36$

June Ttl 394$ DEPT. OPINION SUMMARY

July FEES Straight Discount? Disc. Value Ext. Fee 14% Risk to Town

August App Fee 100$ YES 75% 25$ 85% Timeframe Value

September Space Usage 150$ YES 75% 38$ 16% Uptown Impact

October Conc/Fran -$ N/A N/A -$ 75% Downtown Impact

X November Parking -$ N/A N/A -$ Request 87% Production Quality

December Equip/Labor -$ YES 0% -$ N 25% Traffic Generation

Other 100$ N/A N/A 100$ 85% Value to Populous

Event Assist TOTAL 350$ 7$ 535$ 163$ 78% Target Mkt Value

86% Event Promotion

Track-Record: YES Self-Sustaining: YES Draws Mkt: YES 72% Sustainability

Budget Exists: NO Ann. Growth: YES Multi-State: NO 66% Long-Term Benefit

ROI INDICATORS REVIEW 59.13% 67% Desirability

XXXXXXXXXXX XXXXXXXXXX XXXXXXXXXXXX XXXXX 19% TOC Assets Use25% 40% 55% 70% 85% 87% Positive Impact

FUNDING REQUEST? NO -$ CALCULATION JUSTIFIED? NO 61% Worth Investing In


Town of Ocean City, Maryland

Mayor & City Council Review

Private Event at a Glance

OC Jeep Club's Toys for Tots Beach Drive




Beach from the Inlet to 5th Street

Jeep beach drive from the Inlet to the Kite Loft on 5th Street to drop off Toys for Tots Christmas donations.

Information contained herein is for qualifying events using subjective measures quantified to provide indicators as a forecast of event performance, fit and value.

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TOWN OF





RE: Bid Award Recommendation - Public Safety Building UPS Replacement


ISSUE(S): Bid Award Recommendation for the Public Safety Building UPS

Replacement.

SUMMARY: The Procurement Department, in conjunction with Engineering,

solicited bids for the Public Safety Building UPS Replacement.

Bids were received by Mayor & Council at the October 26, 2021

Work Session and remanded to staff for further review. Staff

reviewed the bids and is requesting to award the project to

Weissco Power, LLC who is the responsive and responsive lowest

bidder.

FISCAL IMPACT: $85,320.00 Award

$110,000.00 Budgeted

RECOMMENDATION: Award the Public Safety Building UPS Replacement to Weissco

Power in the amount of $85,320.00.


ALTERNATIVES: Do not award


Terry McGean, City Engineer


ATTACHMENT(S): 1. Bid Tab - Public Safety Building UPS Replacement

Agenda Item # 5.C


5.C

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Vendor BidBillborough's Electric, Inc. $128,225.00Lywood $98,930.00Weissco Power $85,320.00

Public Safety Building UPS ReplacementVendor Listing

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RE: Bid Award Recommendation - Annual Street Paving


ISSUE(S): Bid Award Recommendation for the Annual Street Paving.

SUMMARY: The Procurement Department, in conjunction with Public Works,

solicited bids for the Annual Street Paving. Bids were received by

Mayor & Council at the October 26, 2021 Work Session and

remanded to staff for further review. Staff reviewed the bids and

is requesting to award the project to Chesapeake Paving &

Sealing, Inc who is the responsive and responsive lowest bidder.

In an effort to clarify a discrepancy between the bid opening and

award staff, with confirmation from the Budget Director, would

like to notify Mayor & City Council $600,000 is budgeted in FY22

for street paving not $240,000.

FISCAL IMPACT: $550,000.00 Award

$600,000.00 Budgeted

$550,000.00 Award (This specific value is based on the Unit

Pricing Structure provided on the Bid Form and is subject to

adjustment based on “Actual Units Placed” when the work is

completed. Such as “tons of asphalt actually placed”. )

$600,000.00 Budgeted (On average, the Town budgets roughly

$2.5 million for Street Improvements annually. That $2.5 million

covers numerous items such as, but not limited to, storm drain

pipe, catch basin bricks, grates, frames, and masonry labor, sub-

base stone, sidewalk replacements associated with the streets

selected for paving that year, AND the actual street milling and

paving that is associated with this specific bid/vendor )

RECOMMENDATION: Award the Annual Street Paving Contract to Chesapeake Paving

& Sealing, Inc. in the amount of $550,000.00. Please see the

$550,000.00 explanation under Fiscal Impact above.


ALTERNATIVES: Do not award


Elwood Vickers, Public Works Deputy Director

Agenda Item # 5.D


5.D

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Agenda Item # 5.D



ATTACHMENT(S): 1. Bid Tab - Annual Street Paving

5.D

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Vendor BidAllan Myers MD, Inc. $650,750.00Chesapeake Paving and Seal Coating $550,000.00 ECM Corporation $883,000.00 George & Lynch, Inc. $600,980.00R.L. Ewing Contractors, Inc. $556,660.00Terra Firma of Delmarva $1,142,550.00

Annual Street PavingVendor Listing

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FROM: Dean Dashiell, PW Senior Project Manager

RE: Bid Award Recommendation for "Exterior" Painting & Repairs of the 94th Street

Water Tank


ISSUE(S): Bid award recommendation.

SUMMARY: The Mayor & City Council received four (4) bids at the October

26th, 2021 Work Session for the Painting and Repair of the 94th

Street Water Tank Project. These Bid, and the associated Bid

Form, consisted of Parts A1 (Base Bid – Exterior only), B1

(Interior only) and C1-C4 covering issues such as contingencies

and logo replacement options for the Art League to consider. Out

of the four (4) bids, Suburban Contractors, LLC tendered the

lowest Base Bid of $ 238,500.00 for the “exterior” painting of the

tank.

On October 27, 2021, Suburban Contractors contacted us and

stated that they had to withdraw their bid due to mathematical

errors.

The next responsive bid was tendered by D & M Painting

Corporation in the amount of $ 367,650.00.

FISCAL IMPACT: Supplemental Funding to cover exterior rehabilitation will be

addressed by a minor reprioritization of existing Water

Department FY 22 Operating Funds that has been "Coordinated"

as noted below.

RECOMMENDATION: Award the Base Bid of $ 367,650.00 to D & M Painting

Corporation for the exterior tank painting.

Revitalized Ocean City: Development and Redevelopment


RESPONSIBLE STAFF: Hal Adkins, Public Works Director

Dean Dashiell, PW Senior Project Manager

COORDINATED WITH: Director of Budget and Management Jennie Knapp; Chief PW

Deputy Director Jim Parsons; Water Superintendent Howard

Iman

ATTACHMENT(S): 1. Bid Tabulation for 94th Street Water Tower Painting

Agenda Item # 5.E


5.E

Packet Pg. 32

Bid Tabulation for the Painting & Repair of the 94th Street Water Tank

Bidders Base BidPart A-1 Tank Exterior

D & M Painting 367,650.00NOSTOS SS Contractors 859,000.00Suburban Contractors Bid Withdrawn 238,500.00Utility Service Company 809,500.00

5.E.a

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TOWN OF




FROM: Hal Adkins, Public Works Director

RE: Request to Fund 94th Street Water Tank Interior Rehabilitation


ISSUE(S): Request to appropriate “Water Fund Balance” to Fund the 94th

Street Water Tank “Interior” Rehabilitation

SUMMARY: Based on the bids at the October 26, 2021 Work Session, and

subsequent changes in the recognized low bidder, our goal to

blast and paint the interior of the 94th Street Water Tank is now

at risk of not being accomplished due to the lack of adequate

“budgeted” funding. Due to the current Post-Covid economy, the

lack of manpower, escalating material, fuel and equipment costs,

our existing FY’2022 Budget cannot absorb this additional cost.

The last time the full interior of the tank was completely blasted

and repainted was in 2006. Spot repairs have been performed

since that date, but evidence discovered during the last interior

inspection dictates that the full interior needs to be addressed.

With the contractor on site including the equipment needed and

materials, the cost of $366,900 would be far greater if this work

was postponed until a later date. Based on the above

information we respectfully request approval to complete a

Water Fund Balance Appropriation to fully rehabilitate the interior

of the 94th Street Water tank.

FISCAL IMPACT: Water Fund Appropriation of $366,900.00.

RECOMMENDATION: Complete the requested Water Fund Balance Appropriation and

award item B1, interior rehabilitation of the 94th Street Tank to

D & M Painting.


ALTERNATIVES: Not applicable


Dean Dashiell, PW Senior Project Manager

COORDINATED WITH: Jennie Knapp, Director of Budget and Management; Chuck

Bireley, Finance Director

ATTACHMENT(S): None

Agenda Item # 6.A


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TOWN OF





RE: Composting Pilot Program Update


ISSUE(S): Composting Pilot Program Update

SUMMARY: Ocean Compost, LLC established a pilot program to separate,

collect, transport and process food waste from five restaurant

locations within the Corporate Limits of Ocean City. Compost

totals for the summer of 2021:

1) Total tons: 17.11 (number based on certified scales and

weight tickets at 65th Street)

2) Total amount paid: $1,151.16.

FISCAL IMPACT: None. The Pilot Program is the sole responsibility of Ocean

Compost, LLC with the exception of the fact that their Food

Waste Collection is weighed at 65th Street, and they are

compensated on a per ton basis for waste diverted from our

current overall Waste Stream. This per ton compensation is not

in addition to payments made to Covanta. It is compensation to

Ocean Compost, LLC in lieu of identical per ton payments to

Covanta.





COORDINATED WITH: T. Garvey Heiderman, Owner, Ocean Compost, LLC; Public Works

Deputy Director Woody Vickers

ATTACHMENT(S): 1. Compost weight doc

2. Transfer/ Waste Disposal Agreement

Agenda Item # 6.B


6.B

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Compost weights 2021 Hobbit Annabelles Dough Roller (70th) Bonfire Mothers (78th)6-Apr 440 0 70 695 0

9-Apr 120 0 20 0 0

12-Apr 203 0 70 791 0

16-Apr 326 0 44 135 0

19-Apr 376 0 107 614 0

23-Apr 230 0 20 120 0

26-Apr 255 0 150 570 0

30-Apr 292 0 100 335 0

3-May 310 0 203 572 0

7-May 310 0 115 362 121

10-May 465 0 216 300 186

14-May 508 0 95 380 0

17-May 508 0 229 728 190

21-May 345 154 135 315 0

24-May 633 215 280 610 0

28-May 390 350 150 578 0

31-May 480 205 344 600 0

4-Jun 382 349 155 507 0

5-Jun n/a n/a n/a 0 0

7-Jun 416 355 275 650 0

11-Jun 440 395 232 552 0

14-Jun 449 276 334 692 0

18-Jun 447 345 274 694 0

21-Jun 387 305 365 620 0

25-Jun 463 410 370 675 0

28-Jun 445 410 380 745 0

2-Jul 438 395 320 781 0

5-Jul 520 414 235 810 0

9-Jul 515 380 305 955 0

12-Jul 355 330 337 845 0

16-Jul 505 395 317 980 0

19-Jul 265 220 355 710 0

23-Jul 540 300 270 575 0

26-Jul 595 0 300 380 0

30-Jul 405 0 310 565 0

2-Aug 740 0 335 510 0

6-Aug 578 0 302 535 0

9-Aug 620 0 320 485 0

13-Aug 715 0 325 702 0

15-Aug 690 0 350 425 0

20-Aug 605 0 360 625 0

23-Aug 445 0 210 210 0

27-Aug 645 0 335 485 0

30-Aug 515 0 355 425 0

3-Sep 470 0 250 440 0

6-Sep 610 0 280 565 0

10-Sep 355 0 185 450 0

13-Sep 595 0 205 465 0

17-Sep 515 0 165 500 0

20-Sep 495 205 285 500 0

24-Sep 500 205 195 555 0

27-Sep 425 225 165 580 0

1-Oct 640 445 65 365 0

4-Oct 465 110 210 530 0

8-Oct 570 175 122 275 0

11-Oct 521 220 170 600 0

15-Oct 695 195 40 150 0

18-Oct 595 200 92 345 0

22-Oct 575 250 30 120 0

25-Oct 470 299 101 488 0

Totals(lbs.) 27807 8732 12934 30771 497

Final total (lbs.) 80741

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TRANSPORTATION, COLLECTION AND WASTE DISPOSAL

AGREEMENT

This Transportation, Collection and Waste Disposal Agreement, ( hereinafter

referred to as " Agreement") is entered into this - If- day of July, 2021, by and betweenOcean Compost, LLC (hereinafter referred to as " Contractor"), and the Mayor and CityCouncil of Ocean City, Maryland ( hereinafter referred to as the " Town").

Recitals

A. Contractor desires to initiate a composting pilot program in the Town ofOcean City in which Contractor collects waste from participating businesses in thecorporate limits of Ocean City, transports said waste to a certain property, and thereuponsaid property composts said waste; and

B. In the conduct of the business, Contractor will be entering agreements withparticipating businesses to dispose of their waste; and

C. To operate the pilot program, Contractor needs approval of the Town and

access to the Town' s weighing facilities; and

D. The Town supports this composting pilot program in an effort to supportenvironmentally friendly waste disposal.

Agreement

NOW, THEREFORE, in consideration of the mutual covenants and

undertakings described in this Agreement, Contractor and the Town hereby agree asfollows:

ARTICLE I

Definitions

In addition to the terms defined elsewhere in this Agreement, the followingterms shall have the meanings ascribed to them below when used herein:

Acceptable Waste" means food waste from the businesses listed in Exhibit A,

diverted by Contractor from the regular Town waste stream to be composted, and whichis not otherwise Unacceptable Waste.

Force Majeure" means any act, event or condition that has had, or mayreasonably be expected to have, a material adverse effect on the ability of a party toperform its obligations under this agreement, if such act, event or condition is beyond

the reasonable control of the party relying thereon as justification for not performing anobligation or complying with a condition required of such party under this Agreement.

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Laws" means all applicable federal, state, county, municipal and other laws, rules, regulations, orders, directives, permits, licenses, or common law.

Unacceptable Waste" means any waste that is not Acceptable Waste.

ARTICLE II

Services

Section 2. 1

a) Collection Rights. During the term of this Agreement as set forth below, Contractor shall have the right to collect Acceptable Waste from the businesses

listed in Exhibit A, and haul said Acceptable Waste to the Town Transfer Station

located on 651h Street in Ocean City, Maryland ( the " Transfer Station") for

weighing, for the sole purpose of composting the Acceptable Waste at 11925 St. Martins Neck Road, Bishopville, Maryland, 21813. Contractor shall not collect,

weigh or transport Unacceptable Waste.

b) Procedures. Contractor shall collect and dispose of the Acceptable Waste as

follows:

Contractor shall be responsible for providing the participatingbusinesses in Exhibit A with a waste disposal container that meets

all Laws. The waste disposal container locations shall be approved

by the Town of Ocean City Department of Planning and CommunityDevelopment.

Contractor shall collect the Acceptable Waste from the participatingbusinesses in Exhibit A in a vehicle that meets all Laws for

transporting waste. The vehicle shall be registered as required byMaryland law and the driver shall be properly licensed. Contractor is required to bring said vehicle and every associatedAcceptable Waste load to the Town Transfer Station to be weighed

prior to departing the corporate limits of Ocean City. Contractor is authorized to use the scales at the Town Transfer

Station Monday through Friday, except government holidays, from7 A.M. to 2 P. M.

The only representative of Contractor authorized to use the scales atthe Town Transfer station is Thomas G. Heiderman.

The Acceptable Waste load will be weighed, and Contractor will be

provided a copy of a weight ticket which shall be retained. Themileage on Contractor' s vehicle shall be provided and noted on the

weight ticket.

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Contractor shall only deliver the Acceptable Waste to 11925 St. Martins Neck Road, Bishopville, Maryland, 21813, and said

Acceptable Waste shall only be used for composting. Contractor shall return to the Town Transfer Station within one

hundred and fifty ( 150) minutes after depositing the AcceptableWaste at 11925 St. Martins Neck Road, Bishopville, Maryland,

21813 to be weighed a second time. Contractor will be provided a

copy of a second weight ticket. The weight ticket shall be retained. The difference between the first weight ticket and second weight

ticket will provide the tonnage of Acceptable Waste collected byContractor. The mileage on Contractor' s vehicle shall be provided

and noted on the weight ticket.

Contractor shall not travel to any other location, unless on theimmediate route to and from 11925 St. Martins Neck Road, and said

travel has a de minimis effect on the vehicle' s mileage.

c) Permitting. Contractor shall obtain and maintain all Federal, State, County andmunicipal permits, licenses and authorizations needed for said waste

transportation, disposal and composting operation. Contractor shall provideTown copies upon request.

Section 2. 2 In performing the services hereunder, Contractor shall be an independentcontractor of The Town and shall not be an agent, employee or partner of the Town.

Contractor shall not be construed or deemed to be an employee of the Town for anypurpose. The detailed manner and method ofperforming the services shall be under theexclusive control of Contractor, but shall be performed in accordance with, and subject

to, the provisions of this Agreement.

Section 2. 3 Contractor shall be responsible for entering into agreements with theparticipating businesses and establishing the collection schedule with these businesses. The Town has no involvement in Contractor' s agreements, or arrangements with

participating businesses.

ARTICLE III

Service Fees

Section 3. 1 The service fee for collection, transport and disposal services of Contractor

shall be $ 66. 58 per ton for 2021, and the 2022 rate shall be the same rate the Town is

paying Covanta in 2022 ( Contract Price), tonnage being measured by the differencebetween the two weight tickets detailed in Section 2. 1.

Section 3. 2 The Town shall pay Contractor once a month on the 151h of the month forthe tonnage from the previous month. The payment shall include weight tickets from

the Town Transfer Station. Payments shall be mailed to Contractor by check at theaddress set forth in Article X below, via first class mail.

3

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Section 3.3 The Town shall not pay for any of Contractor' s expenses related to thisoperation.

Section 3. 4 In the event that any municipal, state, or federal agency passes a solid wasteor transportation tax that is to be charged for waste that is hauled from the Transfer

Station or any activity related to this Agreement, Contractor shall be responsible for saidtax.

Section 3. 5 Any and all fines levied by any Federal, State, county or municipal agencythat are the result of the Contractor' s failure to comply with all Laws shall be paid bythe Contractor.

ARTICLE IV

Insurance and Indemnity

Section 4. 1 Contractor shall indemnify, hold harmless and defend ( through legalcounsel selected by the Town) the Town, its officials, agents, officers, representativesand employees from and against all liabilities, claims, demands, actions, suits,

proceedings, losses, judgments, damages and costs ( including, without limitation, reasonable attorneys' fees and court costs) arising out of this Agreement, includingwithout limitation, Contractor' s acts, omissions and negligence, environmental damage

or liabilities arising out of the disposal of waste by Contractor ( including but not limitedto the separation, storage, loading, hauling or site management), or resulting fromcontamination of or adverse effects on the environment, or arising out of a breach byContractor or its employees, contractors, owners, members or agents of any of its ortheir representation/ warranties or covenants contained in this Agreement.

Contractor, its members, officers, representatives, agents and employees accept and

acknowledge personal responsibility and liability for any injury, including death, ordamage caused to themselves or their vehicles while on Town property, using the TownTransfer Station and performing all services under this Agreement.

Section 4. 2 Contractor shall maintain, and furnish to the Town, certificates attesting tothe existence of the following policies of insurance with companies reasonablysatisfactory to the Town:

a) Workers' Compensation coverage as required by law;

b) Commercial General Liability insurance with a bodily injury, death and propertydamage limit of not less than $ 1, 000, 000 per occurrence, and containingcoverage for contractual liability, tortuous liability, product liability, completedoperations liability, and environmental and pollution liability;

c) Commercial Automobile Liability insurance covering bodily injury ( and

passenger hazard), property damage and environmental damage arising from the

4

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operation of owned, leased or rented vehicles used in the performance of

Services, with limits of liability of not less than $ 1, 000, 000 per occurrence; and

d) Any other insurance which Contractor is required by law to provide.

Contractor shall provide at least thirty (30) days advance written notice of cancellationor non -renewal of any required insurance that is not replaced. Contractor shall add theTown and its officials, agents, officers, representatives and employees as additional

insured under all insurance policies.

ARTICLE V

Representations and Warranties

Section 5. 1 Contractor hereby represents and warrants to the Town as follows:

a) Contractor is engaged in the collection, transportation, disposal and compostingof waste, has developed the requisite expertise for performing that work, hasadequate resources and equipment in good working order, together with fullytrained and experienced personnel capable of performing the services requiredunder this Agreement in a good and professional manner and in accordance with

this Agreement, and exhibits the standard of care and skill normally exercisedby professional contractors performing the same type of services; and

b) Contractor has obtained all permits, licenses, certificates and approvals required

to comply with all Laws applicable to the performance of the services. No

violations thereof have been experienced, noted or recorded, that would

materially affect Contractor' s ability to perform the services, and no proceedingis pending or, to the best of the Contractor' s knowledge, threatened that wouldrevoke or materially limit any of them.

In addition to, and without restricting in any way any other obligations or covenants setforth herein, Contractor covenants and agrees as follows:

a) Contractor shall perform its services in a good, safe and workmanlike manner

and in accordance with sound environmental practices;

b) Contractor shall promptly notify the Town of the occurrence of any legal, judicial, or regulatory proceedings affecting, and of any adverse changes in, thebusiness operations or affairs of Contractor that may materially adversely affectthe ability of Contractor to supply the services; and

c) Contractor shall comply with all Laws applicable to its services, includingwithout limitation, all U. S. Department of Transportation laws and regulations.

ARTICLE VI

Force Majeure

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Section 6. 1 If performance becomes impossible due to Force Majeure not contemplated

by the parties, then performance shall be excused during the continuance of such ForceMajeure. Both parties agree to use all reasonable efforts to remedy Force Majeure andresume performance hereunder as soon as possible.

ARTICLE VII

Term

Section 7. 1 The term of this Agreement shall commence on July 6, 2021,

Commencement Date, and shall continue through April 30, 2022.

Section 7. 2 Sixty (60) days prior to the end of the term, Contractor is required to meetwith the Town of Ocean City to evaluate the success of the pilot program and the use of

the composting material.

ARTICLE VIII

Assignment

Section 8. 1 This Agreement shall not be assigned by Contractor without the writtenconsent of the Town. Written consent by the Town shall only be granted if the Town issatisfied, at its sole discretion, that the proposed assignee is financially and otherwiseable to fulfill the terms of this Agreement and maintain all other terms and conditions.

ARTICLE IX

Penalties, Default and Termination

Section 9. 1 In the event of any breach of this Agreement, including but not limited to, failure of Contractor to weigh the Acceptable Waste prior to departing the municipallimits of Ocean City, failure of Contractor to return for the second weighing afterAcceptable Waste is deposited at 11925 St. Martins Neck Road, Bishopville, Maryland

21813, mileage usage reflecting travel other than roundtrip travel to 11925 St. MartinsNeck Road, Bishopville, Maryland 21811, and failure to receive written approval to add

any business to the pilot program, the Town may terminate the Agreement if Contractorfails to remedy the breach within fifteen ( 15) days after written notice of the breachfrom the Town. In the event of any breach of the Agreement by Contractor, Contractorshall immediately cease the operation until the breach is remedied and Contractor shallcease operations permanently if the Agreement is terminated.

Section 9. 2 Town reserves the right to cancel this Agreement at any time for any reasonby providing Contractor thirty days ( 30) written notice by first class mail, of its intentto terminate. All services performed under this Agreement shall cease thirty ( 30) daysafter notice of tennination is sent.

ARTICLE X

Notice

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Section 10. 1 Any notice under this Agreement shall be given in writing to the parties atthe addresses set forth below:

Contractor: Ocean Compost, LLC

Thomas G. Heiderman, Member/ Resident Agent

P. O. Box 3921

Ocean City, Maryland 21843

The Town: Mayor and City Council of Ocean City, Maryland301 Baltimore Ave.


with a copy to: Public Works Director

20465 th Street, Building EOcean City, Maryland 21842

ARTICLE XI

Miscellaneous Provisions

Section 11. 1 This Agreement constitutes the entire agreement between the parties

hereto and supersedes all prior negotiations, representations, promises, offers or

agreements, related to the subject matter herein, either written or oral. There are no

representations, warranties, promises, covenants, or undertakings other than those

expressly set forth herein. No changes, alterations, or modifications to this Agreementshall be effective unless in writing and signed by the parties, which specificallyreferences this Agreement by name, parties, and date.

Section 11. 2 The waiver by either party of, or the failure of, either party to take actionwith respect to any breach of any term, covenant, or condition herein contained shallnot be deemed to be a waiver of such term, covenant, or condition or subsequent breach

of the same or any other term, covenant, or condition therein contained. Any waiver ofany breach or term, covenant or condition of this Agreement may be done only inwriting and must be signed by the party giving such waiver.

Section 11. 3 This Agreement shall be governed by and construed and enforced inaccordance with the laws of the State of Maryland.

Section 11. 4 Whenever possible, each provision of this Agreement shall be interpreted

in such manner as to be effective and valid under applicable law, but if any provision ofthis Agreement is held to be prohibited by or invalid under applicable law, suchprovision shall be ineffective only to the extent of such prohibition or invalidity, withoutinvalidating the remainder of such provision or the remaining provisions of this

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Agreement, unless the consummation of the transactions contemplated by thisAgreement is adversely affected thereby.

Section 11. 5 The provisions of Article V shall survive the termination or expiration of

this Agreement.

Section 11. 6 No questions of interpretation concerning this Agreement shall beconstrued for or against any party based on the consideration of authorship.

Section 11. 7 This Agreement may be executed in one or more counterparts, each ofwhich shall be deemed an original, but all of which shall be deemed the same

instrument.

IN WITNESS WHEREOF, we hereunto execute this Agreement, consistingof 9 pages, the day and year first above written.

WITNESS:

WITNESS:

TOWN:

The Mayor and

IC

CONTRACTOR:

Ocean Compost, LLC

of Ocean City,

j BY: zThomas G. Heiderman, Member

CA '&\ k,l

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EXHIBIT A

The Bonfire

7009 Coastal HighwayOcean City, Maryland 21842

The Hobbit

121 81" Street, # 101


Dough Roller


Mother' s Cantina


Annabelle' s BBQ & Creamery6401 Coastal Highway


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TOWN OF





RE: First Reading - Ordinance 2021-21, 74th/75th Street Alleyways


ISSUE(S): First Reading - Ordinance 2021-21 to close and convey a platted

and unimproved east/west alley between 74th/75th Street bayside

and accept the dedication of an easement to widen the

north/south platted and improved alley in the same block.

SUMMARY: The owners of the Windward Restaurant (75 OC MD, LLC) have

requested to close the easterly portion (100’) of the east/west

10’ wide alley between 74th and 75th streets bayside. The owners

have offered to dedicate a 10’ x 100’ public easement across the

west edge of parcel 212A (Quiet Storm).

As reported at the September 7, 2021, Regular Meeting, staff

has no current or proposed use for the portion of the east west

alley proposed to be closed and conveyed. The current

north/south alley is a 10’ wide right of way and the acceptance of

the easement in this area will expand the alley to 20’ wide.

Owners have agreed to pay to relocate the existing utility pole at

the north entrance to the north/south alley and to pave the new

10’ by 100’ easement area, and also agrees to pave the full

length of width of the improved north/south alley that exists

today. A public hearing was held October 18 with a motion to

declare that the property is no longer needed for public use, to

waive the appraisal based upon dedication of the public

easement, to approve a Memorandum of Understanding and to

move forward with first reading of an ordinance to complete the

property conveyance. The site plan is being finalized by the

owner’s architect and will be included for ordinance second

reading.


RECOMMENDATION: Approve first reading of Ordinance 2021-21.



RESPONSIBLE STAFF: Terry McGean, City Engineer

Bill Neville, Director of Planning & Community Development

COORDINATED WITH: Legal Counsel Heather Stansbury

Agenda Item # 9.A


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Agenda Item # 9.A


ATTACHMENT(S): 1. Ordinance

2. Alley conveyance

3. Alley conveyance overhead view

9.A

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1

First Reading ___________________

Second Reading _________________

ORDINANCE 2021 -

AN ORDINANCE AUTHORIZING THE CLOSING AND CONVEYANCE OF A

CERTAIN ALLEY BETWEEN 74TH STREET AND 75TH STREET BAYSIDE, AND

ACCEPTING AN EASEMENT BETWEEN 74TH STREET AND 75TH STREET

BAYSIDE

WHEREAS, Block 109 as designated and distinguished on the Plat of Oceanbay City

recorded among the Land Records of Worcester County in Plat Book O.D.C. 2, folio 76,

contains a platted but unimproved east/west alley and a platted and improved north/south

alley; and

WHEREAS, the street locally known as 74th Street is platted as 42nd Street on Plat

O.D.C. 2, Folio 76, and the street locally known as 75th Street is platted as 43rd Street on the

aforesaid Plat; and

WHEREAS, 75 OC MD, LLC is an adjacent property owner to a Town of Ocean

City platted but unimproved alley that runs east/west between the bayside block (Block 109)

of 74th Street and 75th Street in Ocean City, Maryland (hereinafter “Alley A”), and a

north/south platted and improved alley in the same block; and

WHEREAS, 75 OC MD, LLC has requested a portion of Alley A be closed,

abandoned and conveyed to it, and in exchange offers to widen the existing paved and

improved north/south alley between the bayside block of 74th Street and 75th Street (Block

109) in Ocean City, Maryland by ten (10) feet in width and one hundred feet (100) in length,

and dedicate to the Mayor and City Council of Ocean City an easement for this ten foot by

one hundred foot area (hereinafter “Easement B”); and

WHEREAS, additionally 75 OC MD, LLC agrees to pave not only the new ten (10)

foot by one hundred (100) foot Easement B, but also agrees to pave the full length and width

of the improved north/south alley that exists today between the bayside block of 74th Street

and 75th Street in Ocean City, Maryland, and to relocate an existing utility pole at the north

entrance to the north/south alley, during the development of their new restaurant located in

Block 109; and

WHEREAS, these transactions are pursuant to a Memorandum of Understanding

between the parties dated October 14, 2021; and

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WHEREAS, pursuant to the provisions of the Town of Ocean City Charter, Section

C-414 (49) and (53), 1103 and 1301, the Mayor and City Council of Ocean City conducted a

public hearing October 18, 2021, for the purpose of considering the closure of a portion of

the platted but unimproved Alley A, and the conveyance of said portion of the alley to 75

OC MD, LLC, and to accept Easement B as an addition to the north/south alley; and

WHEREAS, the Mayor and City Council of Ocean City has determined that it is in

the best interest of the public health, safety, and general welfare of the public to close,

abandon and convey the portion of Alley A to 75 OC MD, LLC, as it is not presently, or in

the foreseeable future being used by the public and it serves no public need, and to accept

the dedication of Easement B as an addition to the width and length of the north/south alley,

the paving of the entire north/south alley and the relocation of the utility pole, both the alley

and easement being described below.

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

AND CITY COUNCIL OF OCEAN CITY THAT A CERTAIN PORTION OF A

SPECIFIC ALLEY BE CLOSED, ABANDONED AND VACATED, AND THAT AN

EASEMENT BE ACCEPTED AS SHOWN ON THE PLAN ENTITLED “ALLEY &

EASEMENT ABANDONMENT EXHIBIT” MADE BY LANE ENGINEERING, LLC

DATED OCTOBER 29, 2021, AND INCORPORATED HERETO AS EXHIBIT “A” AND

MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A. That the portion of Alley A shall be closed, abandoned and conveyed as shown

by the backslash hatching on Exhibit “A”, and being more particularly described as follows:

Beginning at the point that is the Southeast corner of Lot 20, Block 109 of the Plat

Oceanbay City, recorded in the Land Records of Worcester County in O.D.C. 2, folio

76:

1) Thence, north seventy six degrees forty eight minutes forty two seconds west a

distance of one hundred feet.;

2) Thence, South thirteen degrees eleven minutes eighteen seconds west a

distance of ten feet;

3) Thence, south seventy six degrees forty eight minutes forty two seconds east a

distance of one hundred feet;

4) Thence, north thirteen degrees eleven minutes eighteen seconds east a distance

of ten feet to the place of beginning, containing 1,000 square feet/0.023 acres.

B. That the north/south alley be widened by ten (10) feet in width and one hundred

(100) feet in length by accepting the dedication of the additional ten foot by one hundred foot

easement to the existing platted and improved north/south alley between the bayside blocks of

74th Street and 75th Street shown by the forward slash hatching on Exhibit “A”, and more

particularly described below and resulting in an alley of twenty (20) feet in width:

9.A.a

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Beginning at a point that is the Northwest corner of lot 5, block 109 of the Plat of

Oceanbay City Recorded in the Land Records of Worcester County O.D.C. 2, folio

76):

1) Thence, South thirteen degrees eleven minutes eighteen seconds west a

distance of one hundred feet;

2) Thence, south seventy six degrees forty eight minutes forty two seconds east a

distance of ten feet;

3) Thence, north thirteen degrees eleven minutes eighteen seconds east a distance

of one hundred feet;

4) Thence, north seventy six degrees forty eight minutes forty two seconds west a

distance of ten feet to the place of beginning, containing 1,000 square

feet/0.023 acres.

AND BE IT FURTHER ENACTED AND ORDAINED that the Mayor and Council

President be, and they are hereby authorized to execute such documents as are approved by the

Office of the City Solicitor to accomplish the above referenced acts of the Mayor and City

Council of Ocean City.

INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on

_______________.

ADOPTED AND PASSED, by the required vote of the elected membership of the City

Council and approved by the Mayor at its meeting held on ______________, 2021.

ATTEST:

_________________________________ ____________________________________

DIANA L. CHAVIS, Clerk RICHARD W. MEEHAN, Mayor

Approved as to form: ____________________________________

MATTHEW M. JAMES, President

_________________________________

HEATHER STANSBURY ANTHONY J. DELUCA, Secretary

Ayres, Jenkins, Gordy & Almand, P.A.

Office of City Solicitor

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TOWN OF





RE: Resolution 2021-16 Denial of Cell Facilities in Montego Bay


ISSUE(S): Resolution 2021-16 denying the installation of small wireless

facilities in the MH Zoning District.

This resolution documents the denial of 3 small wireless facilities

in the MH District based on applications presented to the Mayor

and City Council at the October 26, 2021, Work Session. Specific

location requests included 354 South Ocean Drive, 243 South

Ocean Drive and 167 South Ocean Drive.

A motion was unanimously approved noting that after

consideration of the record, including relevant information

received on October 26, 2021, the facts stated in the staff report

were adopted and for reasons stated in staff recommendations,

each application for the placement of wireless facilities in the MH

District was denied.


RECOMMENDATION: Adopt Resolution 2021-16 denying Crown Castle applications

VOC-072m2, VOC-079m2, and VOC-080m3.

More Livable Community for Residents


RESPONSIBLE STAFF: Terry McGean, City Engineer

COORDINATED WITH: City Attorney Heather Stansbury

ATTACHMENT(S): 1. Resolution - Crown Castle Decision

Agenda Item # 9.B


9.B

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9.B.a

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TOWN OF





RE: Comments from the Public


ISSUE(S): Public Comments

SUMMARY: Any person who may wish to speak on any matter at the Regular

Meeting may be heard during Comments from the Public for a

period of five (5) minutes or such time as may be deemed

appropriate by the Council President. Anyone wishing to be heard

shall state their name, address and the subject on which he or

she wishes to speak.







ATTACHMENT(S): None

Agenda Item # 10.A


10.A

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TOWN OF





RE: Comments from the City Manager


ISSUE(S): City Manager Comments

SUMMARY: 1. The November 9 Work Session has been canceled. The next

meeting of the Mayor and City Council is Monday, November

15.





RESPONSIBLE STAFF: Doug Miller, City Manager


ATTACHMENT(S): None

Agenda Item # 11.A


11.A

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TOWN OF





RE: Comments from the Mayor and City Council


ISSUE(S): Mayor and City Council Comments

SUMMARY: Not Applicable







ATTACHMENT(S): None

Agenda Item # 12.A


12.A

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agenda - monday, november 1, 2021

Documents