Regular Session #11 June 7, 2010

Mayor and Council Town of Ocean City

Mayor Richard W. Meehan Council Member Jim Hall Council President Joe Mitrecic Council Member Margaret Pillas Council Secretary Lloyd Martin Council Member Mary Knight Council Member Doug Cymek Council Member Joe Hall

STAFF IN ATTENDANCE Mayor Rick Meehan, Council President Joe Mitrecic, Council Secretary Lloyd Martin, Council Members Jim Hall, Margaret Pillas, Mary Knight, Doug Cymek and Joe Hall, City Manager Dennis Dare, City Solicitor Guy Ayres, City Clerk Kathleen Mathias, Finance Administrator Martha Lucey, Members of the Press and Interested Parties.

CALL TO ORDER Council President Joe Mitrecic called this Regular Session to order at 6:00 p.m., in the Council Chambers of City Hall, 301 Baltimore Avenue, Ocean City, Maryland 21842.

PRAYER AND PLEDGE Pastor Bryan Pugner led the prayer, and Council Member Joe Hall led Pledge of Allegiance.

REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION City Manager Dennis Dare advised that the following items are scheduled for discussion in the June 15, 2010 work session:

1. Bid Opening: RFP Information Technology Network Continuity of Operations and Capital Improvement Plan

2. Taxi Medallion Transfer Request – presented by City Clerk Kathleen Mathias

3. Update on Edgewater Avenue Bulkhead and Street repairs – presented by City Engineer

Terry McGean

4. Review and approval of proposed revisions to the Policy & Procedure Manual PPM 600-19 - Senior Bus Pass PPM 600-8 – Recycling

5. Follow up discussion on the Maryland Municipal League Legislative Action Requests – presented by City Clerk Kathleen Mathias

Regular Session #11 June 7, 2010 Page 2 of 4

SPECIAL EVENT PERMITS Private Events Coordinator Lisa Mitchell presented the following for approval:

A. Chase Bank Make Summer More Fun – Saturday, July 17, 2010. Council Member Jim Hall moved to approve with the following caveats (1) Insurance Certificate must be submitted; (2) a tent permit must be obtained from the Fire Marshall's Office; (3) Public Works suggests this event take place on the concrete pad on North Division Street; (4) if sunscreen products are distributed they must be Panama Jack products; seconded by Council Member Mary Knight. The vote was unanimous. [Later in the meeting, Mayor Meehan asked that this event be approved for just one of the four weekends as requested by the applicant.] Council Secretary Lloyd Martin moved to approve the event for the weekend of July 17, 2010 only; seconded by Council Member Mary Knight. The vote was unanimous.

B. 3rd Annual Kentland Volunteer Fire Company Beach Volleyball Tournament – Tuesday,

June 15, 2010. Coordinator Mitchell advised that the applicants amended their application to request approval to consume alcohol in a monitored designated area. Present for questions was: Joe Brown, Kentland Volunteer Fire Company. Council Secretary Lloyd Martin moved to approve the event as amended with the following caveats: (1) Insurance Certificate must be submitted; (2) beach access for emergency vehicles must designated; (3) event activities must comply with the noise ordinance; seconded by Council Member Mary Knight. The vote was unanimous.

C. Military Concert – Tuesday, July 6 and Wednesday, July 7, 2010. Present for questions was

SFC Mark L. Steindler, Maryland Army National Guard Band. Council Member Jim Hall moved to approve with the following caveats (1) Insurance Certificate must be submitted; (2) equipment and service vehicles must be staged at the West Ocean City Park & Ride; seconded by Council Secretary Lloyd Martin. The vote was unanimous.

D. M.O.O.D. Beach to the Bay Charity Drive – Saturday, September 11, 2010. Present for

questions was Brenda Sullivan and Fred Ludwig. Council Member Mary Knight moved to approve with the parade exiting the boardwalk at 24th Street (instead of 27th Street) due to the Parade of Brothers event; seconded by Council Member Jim Hall. The vote was unanimous.

E. Wine on the Beach – October 1 – 2, 2010, September 30-October 1, 2011, September 28-29,

2012 and September 27-28, 2013. Present for questions was Chris Nokes, Mid-Atlantic Fest. Council Member Doug Cymek moved to approve with the following caveats (1) tent permits (if applicable) must be obtained from the Fire Marshall's Office; (2) Public Works requested a meeting with organizers prior to the event; seconded by Council Secretary Lloyd Martin. The vote was unanimous.

F. Maryland State Bar Association Young Lawyers Sun Run – Friday, June 11, 2010.

Present for questions was Marla Zide for the Maryland State Bar Association. Council Secretary Lloyd Martin moved to approve; seconded by Council Member Margaret Pillas. The vote was unanimous.

Regular Session #11 June 7, 2010 Page 3 of 4

UNFINISHED BUSINESS Terry Steimer of the Ocean City Surfrider Foundation asked the Council to choose one of the four presented logos for placement on the thirty cigarette disposal cans placed on the beach and boardwalk. Council Member Margaret Pillas moved to choose “Think Green Throw Away Your Nicotene;” seconded by Council Member Jim Hall. The vote was unanimous.

REPORTS AND RECOMMENDATIONS FROM THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Zoning Administrator Blaine Smith presented a Rezoning Petition from Robert Rosenblit for Worcester Street LLC and J. Douglas Trimper for Trimper Family Limited Liability Partnership for a zoning classification change from B-1 Boardwalk Commercial District, to A, Amusement Overlay District pertaining to Block 7, Original Plat of the Town of Ocean City, Parcels 2615 and 26166, Tax Map 110, further described as located on the east side of South Baltimore Avenue and the south side of Worcester Street and know locally as 9 Worcester Street , 601 South Baltimore Avenue and 605 South Baltimore Avenue. Council Secretary Lloyd Martin moved to accept the Finding of Fact and approve the First Reading of Ordinance 2010-18; seconded by Council Member Jim Hall. The vote was unanimous.

ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading of Ordinance 2010-15 authorizing the Mayor and Council to issue a bond

anticipation note not to exceed $5,100,000.00. Council Secretary Lloyd Martin moved to ratify Ordinance 2010-15; seconded by Council Member Jim Hall. The vote was 6-1 with Council Member Margaret Pillas opposed.

B. Second Reading of Ordinance 2010-16 establishing the FY11 Budget. Council Secretary

Lloyd Martin moved to ratify Ordinance 2010-16; seconded by Council Member Mary Knight. The vote was 4-3 with Council Members Pillas, Jim Hall and Joe Hall opposed.

C. Second Reading of Ordinance 2010-17 amending Chapter 6, entitled Animals, to clarify non-

domesticated animal permits. Council Member Mary Knight moved to ratify Ordinance 2010-17 as amended; seconded by Council Member Jim Hall. The vote was 5-2 with Council Members Pillas and Joe Hall opposed.

D. Resolution 2010-13 establishing Building and Permit Fees. Council Member Jim Hall moved

to approve Resolution 2010-13; seconded by Council Member Margaret Pillas. The vote was unanimous.

E. Council Member Jim Hall moved to approve Resolution 2010-14 establishing the FY11

Impact Fees; seconded by Council Member Mary Knight. The motion was withdrawn. Council Member Jim Hall moved to postponing ratification of Resolution 2010-14 pending further discovery and discussion; seconded by Council Secretary Lloyd Martin. The vote was unanimous.

Regular Session #11 June 7, 2010 Page 4 of 4

ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER A. Public Works Director Hal Adkins presented Finance Administrator Martha Lucey’s

recommendation to Suntrust’s offer for T-Hangar Financing (10-year rate of 5.82% with rate adjustment at 10 years (20 year amortization with 10-year balloon.) with annual debt service for 10 years of $61,970.00. Callable anytime. Council Member Jim Hall moved to approve; seconded by Council Member Mary Knight. The vote was unanimous.

B. City Clerk Kathleen Mathias presented a Taxi Medallion Transfer Request (#118 and #119).

Council Member Mary Knight moved to approve; seconded by Council Member Jim Hall. The vote was unanimous.

COMMENTS FROM CITIZENS Bob Melvin reported on MDTRN donations. Sean Rox suggested that the Town develop a plan if the oil from the Gulf reaches the beach.

COMMENTS FROM THE MAYOR AND CITY COUNCIL Council President Joe Mitrecic said that he observed rented scooter operators without helmets. He asked City Manager Dare to look into the matter. Mayor Meehan said that, since there is nothing in the Taxi ordinance about a process of appeal to the Mayor and Council, there is no reason to host a recently requested appeal. He said the Police Commission is well equipped to make the decision. Secondly, Mayor Meehan gave praise to the Public Works Department, Emergency Personnel and the City Manager for such a successful air show. Lastly, the Mayor recognized the death of Anne Showell, and, the hospitalization of John Tilghman.

ADJOURNMENT Council Secretary Lloyd Martin moved to adjourn at 7:20 p.m.; seconded by Council Member Mary Knight. The vote was unanimous. Prepared by: Kelly L. Allmond, Deputy City Clerk Approved by: Carol L. Jacobs, City Clerk Approved by the Mayor and Council on: