January 21 2014 Complete Agenda

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MAYORANDCITYCOUNCILREGULARSESSION

Tuesday,January21,20146:00P.M.

AGENDA

1. CALLTOORDER2. PRAYERANDPLEDGE3. APPROVALOFMINUTES

A. RegularMeeting#1datedJanuary6,2014

B. WorkSessiondatedJanuary14,2014

4. ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCILA. StandingCommitteeReports

5. CONSENTAGENDAA. RequestApprovalofContractforConventionCenterTentRental

B. RequestApprovaltoSolicitBidsforGrassMowingServices

C. RequestApprovaltoSolicitBidsforBoardwalkArchRecoating

D. RequestApprovalofBJAGGrantExpenditureforAudiovisualEquipment

E. BidAwardRecommendationfor150KWGenerator

F. BidAwardRecommendationforBoardwalkNetworkCameraInstallation

G. BidAwardRecommendationforTennisCenterFenceReplacement

H. BidAwardRecommendationforBeachEquipmentFranchise

6. MISCELLEANEOUSREPORTSANDPRESENTATIONSA. TABFundingAllocationRecommendationsfor2014EventspresentedbyGregShockley,Chairman7. PUBLICHEARINGS8. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF

A. DiscussionofRefunding2004BondspresentedbyFinanceAdministrator

B. ConditionalUseRequesttopermitaportionofaproposedestablishmenttoengagein

brewing,similartoothermanufacturingandwholesaleestablishments,atasiteknownlocally

as5509CoastalHighway

Applicant:DonnaShores

9. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR10. COMMENTSFROMTHEPUBLIC

Anypersonwhomaywish to speak on anymatter at the Regular Sessionmay be heard duringCommentsfromthePublicforaperiodoffive(5)minutesorsuchtimeasmaybedeemedappropriatebytheCouncilPresident. Anyonewishingtobeheardshallstatetheirname,addressandthesubjectonwhichheorshewishestospeak.


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MayorandCityCouncilRegularSessionAgenda January21,201411. COMMENTSFROMTHECITYMANAGER

A. ReviewoftentativeworksessionagendaforJanuary28,201412. COMMENTSFROMTHEMAYORANDCITYCOUNCIL13. ADJOURN


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REGULAR SESSION -MAYOR AND CITY COUNCIL

TUESDAY, JANUARY 21, 2014

3 APPROVAL OF MINUTES

A. Regular Session #1 dated January 6, 2014B. Work Session dated January 14, 2014


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4 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCILA.Standing Committee Reports


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POLICE COMMISSION MEETING MINUTES

OPEN SESSION

January 13, 2014

PRESENT: Council President Lloyd Martin, Commission Chairperson Doug Cymek, Council Member

Dennis Dare, City Manager David Recor, City Solicitor Guy Ayres, Chief Ross Buzzuro, Director of

Emergency Services Joe Theobald, Captain Kevin Kirstein, Captain Michael Colbert, Lt. Scott Harner

ABSENT: Mayor Richard Meehan

1. Call to Order at 9:03 a.m.2. The December 9, 2013 Minutes unanimously approved as written.3. Chief Buzzuro reviewed the December Crime Statistics. Officer initiated Calls for Service for December

2013 had a 17.6% increase compared to December 2012; Citizen Calls for Service had an 11.7%

decrease from December 2012. Total crime for the entire year of 2013 is 12.3% less than in year 2012

and we close the year with approximately 200 less Part I (serious) crimes.

4. C.E.W. (Taser) use for December 2013 included four events with one deployment. All four instancesinvolved intoxicated persons. No serious injuries to either suspect or police officers during theseincidents. The use of C.E.W. continues to prove to be an important tool to gain cooperation/control over

suspects with little to no injury sustained.

5. Lt. Scott Harner informed the Police Commission that Mr. Bryant Hungerford who was to attend themeeting today has rescheduled his TRIKKES presentation for the March 10, 2014 meeting. Lt. Harnerhas conferred with the Maryland Motor Vehicle Administration regarding the TRIKKE (motorized

version) and it was determined that this vehicle would be defined as a motorized mini-bike under

Maryland Transportation law thus prohibiting it from being operated on the boardwalk under local

ordinance 90-193. Lt. Harner went on to explain that an EPAMD (commonly known as a Segway) isdefined as a pedestrian under the Maryland Transportation Article and allowed to be operated on the

boardwalk. A non-motorized TRIKKE would be allowed on the boardwalk under the current Town

Code.

It was the consensus of the Police Commission to contact Mr. Hungerford to advise him of the PoliceCommissions opinion that the motorized version of the TRIKKE is not suitable for the boardwalk and

invite him to the March 2014 meeting for further discussion if he desires.

The Razor Crazy Cut is another vehicle seen recently on the Boardwalk. This vehicle has a speed of

up to 12 mph. This vehicle would also be defined as a motorized mini-bike under MarylandTransportation Article, which would preclude it from being operated on the boardwalk.

6. The Police Commission received a suggestion of installing No Profanity signs on the boardwalk as hasbeen done in Virginia Beach. Chief Buzzuro was asked to contact the Virginia Beach Police Department

to learn the impact of the signs since they have been installed on the Virginia Beach boardwalk.

Meeting Adjourned at 9:30 a.m.

The next meeting of the Police Commission will be held on Monday, February 10, 2014 at 9:00 AM at the

Public Safety Building, 6501 Coastal Highway, Ocean City, MD 21842


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Tourism Commission Meeting Minutes

January 13, 2014

The following individuals were in attendance:

Commission Members Tourism Commission Chair and Council Secretary MaryKnight, Mayor Rick Meehan, Councilman Dennis Dare, Councilman Joe Mitrecic; Chris

Trimper , HMRA; Michael James, EDC; Gregg Shockley, MTDB. Staff members present

were City Manager David Recor, Donna Abbott, Tourism Director; Larry Noccolino,Convention Center Director; Lisa Osman, Tourism Department; Tom Shuster, Recreation

and Parks Director; Frank Miller, Special Events. Also present were Melanie Pursel,

Chamber of Commerce; Susan Jones, HMRA and Andy Malis, MGH. Mediarepresentatives present were Zach Hoopes, Ocean City Today; and Joanne Shriner,

Maryland Coast Dispatch.

Mary Knight called the meeting to order at 3 p.m. She announced that we would go into

a closed session at the end of the meeting to discuss next years campaign.

Approval of Minutes

Councilman Joe Mitrecic made a motion to approve the minutes from the December 4,

2013 meeting. Councilman Dennis Dare seconded the motion. The vote was unanimous.

Ping Pong Summer

Donna announced that the movie Ping Pong Summer is at the Sundance Film Festival

scheduled for January 18. She asked if anyone has any ideas or suggestions on how wemight promote the movie. Mary Knight suggested Facebook and other social media

avenues. Mary stated that out of the top 15 films, that Ping Pong Summer is #11, which

is really positive. Donna mentioned that the producers may hold a local premiere at some

point and there may be other promotional opportunities at that time.

Updates from other Departments & Organizations

Chamber of Commerce

Melanie announced the release of the 2014 Vacation Guide, which was delivered to the

Convention Center and the Chamber of Commerce on December 23. She distributed avacation guide to all attendees. Melanie thanked Donna Abbott and Lisa Osman for their

assistance with getting the vacation guide completed. On Wednesday, Melanie will be

meeting in Annapolis with elected officials. Her committee will be going over their toppriorities for the state legislative session including support for the state tourism budget, in

addition to the post-Labor Day school start date and the minimum wage rate issue.

Melanie and Susan announced a grant for business training had been awarded.


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Economic Development Committee

Michael James announced that the next EDC meeting will be held on February 5 at theCarousel, and the Superintendent for Worcester County Public Schools will be the guest

speaker. The Mayor thought it would be a good idea to have a lot of people at the

meeting that support the post-Labor Day school start to express their opinion. The Mayor

stated that if the post-Labor Day school start was to be put on the statewide referendum,he thinks it would win.

Maryland Tourism Development BoardGreg Shockley reported the task force studying a post-Labor Day school start calendar is

ready to forward a recommendation to the legislature in support of Maryland schools

beginning after Labor Day. School superintendents in Maryland are against the post-Labor Day school start date. With any luck, by mid-February the bill will be in

legislature and we can move forward. Michael James noted legislators across the state

should hear from their constituents in support of the bill.

HMRASusan Jones stated that the next HMRA Board meeting will have OCPD Chief Buzzuro

in attendance as a follow-up to the October meeting that he attended. The HMRA dinnerwill be held Thursday evening at Frescos. The HMRA Trade Show will be held on

March 9-10 at the Convention Center, and Susans staff has been very busy selling

booths for the show. There will be close to 400 exhibit booths in all three halls. TheFood Networks Chef Steve Weiss will be doing a sugar demonstration at the show. The

Red, White and Brew Stage will be located in the Dockside Hall, including culinary

demos, mixology discussions and WOCMs Battle of the Beaches Orange Crush Battle.Trip Advisor is coming to do a seminar.

OCDC

Chris Trimper stated the State of Maryland approved the Ocean City Sustainable

Community Plan. This should result in funds for some of OCDCs projects.

Tourism Department

Donna mentioned that the RFP for the Tourism Strategic Plan went out and was also sent

to the States list of candidates who participated in their strategic plan RFP process.Donna has received some questions and some interested feedback from that list. She also

sent it to the short list of finalists who competed for the Volusia County tourism strategic

plan. Proposals are due in on January 28. She hopes to have a good group ofsubmissions to review.

Convention CenterOn Wednesday, Larry will visit the Performing Arts Center at Chesapeake Community

College in Wye Mills. Now in the third month of construction and things are moving

right along. The Convention Center is continuing to make upgrades to the Wi-Fi Internet

system. On Tuesday, there was a flood due to a frozen pipe that busted. The entire lobbywas flooded and the staff did an excellent job cleaning up. The Officer of the Year

Banquet, which was being held in the ballroom, was only delayed about 30 minutes due


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to the flood. Larry commented on an article that he had read in one of the local papers

about Ocean Citys off-season. The article stated that Ocean City may not be a year-round resort. Larry begged to differ and stated that between September 15 and January

20, the Convention Center has only four open weekends.

Recreation and ParksTom Shuster mentioned that there will be a Super Bowl Golf Tournament on February 2

at Eagles Landing Golf Course. The St. Patricks Indoor Soccer Tournament brings 160

teams to Ocean City over four weekends. Dates for the tournament are Feb. 21-23, Feb.28-March 2, March 7-9, March 14-16. From his perspective, things are pretty busy in the

off-season.

Special Events

Frank Miller reported Winterfest was very busy this year. The average daily attendance

was higher than 2012. He is extremely happy with those results. The New Years Eve

crowd for fireworks was very successful this year and seemed to be larger than last year.

The Mayor mentioned that several people approached him at the New Years Day OpenHouse and stated how much they enjoyed the fireworks. Frank stated that his department

is busy planning for Springfest. Frank distributed a Special Events Flyer to all attendees.

Councilman Mitrecic made a motion to go into closed session to discuss the 2014

advertising campaign. Councilman Dare seconded the motion.

After conclusion of closed meeting a motion made by Chris Trimper and seconded by

Councilman Dare to request the Mayor and Council write a letter in support of WorcesterCounty acquiring property in Showell to have more athletic fields as this would benefit

the county and Ocean City in attracting sports events. The vote was unanimous.

The meeting adjourned at 4 p.m. The next meeting will be held on February 10 at 3:00

p.m. in Room 214 at the Convention Center.


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Recreation and Parks Commission

January 14, 2014

1. Call to Order: The meeting was called to order at 4:00 P.M. at Northside Park.Present were Dennis Dare, Lloyd Martin, Joe Mitrecic, Tom Shuster, Frank

Miller, Susan Petito and Ward Kovacs. Guests included Zach Hoopes, Joanne

Shriner and Tom Hoffman.

2. Approval of Minutes: The minutes of November 12 and December 16, 2013 were

approved as presented.

3. Private Event Equipment and Labor Usage Procedure: Frank Miller gave an oral

report on the status of development of the procedure for private event equipment

and labor usage. The procedure is under further review by the staff and theTourism Coordination Group.

4. Marketing Activations: Fran Miller gave an update on the development of apolicy to handle marketing activations. This will require further staff review.

5. New Private Events: Tom Shuster reported that no new private events are

pending.

6. Sunset Park Use Analysis and Direction: Tom Shuster presented a report on

Sunset Park Use and Direction that was developed by staff and Glenn Irwin ofOCDC. Dennis Dare noted that a reference to the Bayside Boardwalk plan should

be added to the list of future uses. Tom will update the report.

7. Stand Up Paddleboards: Joe Mitrecic forwarded a request from a member of the

public to consider permitting the use of standup paddleboards on the beach during

guarded hours. Ward Kovacs provided some information about US Coast Guardand Maryland Department of Natural Resources laws and regulations. Stand Up

Paddleboards (SUPs) are considered as vessels and may not be re-classified bymunicipal code. Ward provided some observations on SUP use and its impact on

other users including surfboarders and swimmers. Joe related that the public

member who discussed the issue with him would like to use his SUP in

September after Labor Day when surfing has been designated as modified.Motion by Martin, seconded by Dare, to have OCBP develop a pilot plan for SUP

use in September of 2014 subject to modified surfing regulations. Motion carried

unanimously. Ward will present a draft pilot plan at the next Commissionmeeting.

8. Other Business: Tom Shuster presented the draft meeting schedule for 2014. TheCommission approved the meeting dates.

Dennis Dare asked for some skate park use documentation. Susan reported that

most of the data requested is tracked. A follow up report will be set for theFebruary 11 Commission meeting.


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The Commission discussed the New Years Eve festivities at Winterfest this year.

Frank Miller reported that he and the Special Events staff will continue to refineplans for 2014.

9. Next Meeting: The next meeting was scheduled for Tuesday, February 11 2014 at

4:00 P.M. at Northside Park

The meeting adjourned at 5:05 P.M.

P:Tom/Tom/Rec & Parks Committee Meeting 1-14-2014


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1

Sunset Park Use Analysis and DirectionPrepared by Ocean City Recreation & Parks

Background

Sunset Park was built on the South Division Street road bed west of Philadelphia

Avenue and was opened in the summer of 2006. The park is approximately .67

acres in size and is designed as a public plaza with onsite amenities to supportpublic gatherings and entertainment. The parks amenities include a covered

outdoor stage, boardwalk, restrooms, inter-active signage and an iconic 60 foot

entry tower. Parking is available at the adjacent Worcester Street Parking lot. The

park was recognized as the winner of the 2006 MRPA Landscape Site/ASLA

Award. The park had its official opening ceremony in September 2006.

Use History

The park has been programmed for activities by both the Recreation & ParksDepartment and the Ocean City Development Corporation (OCDC) from its

opening. The Special Events Division of Recreation & Parks has scheduled

summer entertainment in the park beginning 2007. That initial effort evolved into

the Sunset Park Party Nights, a series of Thursday evening concerts from June

through August featuring local and regional bands and the on-site sale of

refreshments.

This series has proven to be the most successful and enduring publicly sponsored

program in the park.

The Recreation Programs division also offered some youth art classes, fitness and

aerobics programs in the park but these activities were later discontinued due to

lack of participation.

The park is also available for reservation by the public for private events. The park

has hosted concerts, events, weddings and community education programs from

sponsors including the National Aquarium, the Art League of Ocean City and the

Ocean City Life Saving Museum.


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2

Review of 2012 Usage

Sunset Park hosted 22 public and private events in 2012. The uses included three

(3) weddings, nine (9) concerts as part of the Sunset Park Party Nights series, a

production of Romeo and Juliet by the Brown Box Theater Company, Childrens

Day hosted by the Ocean City Life Saving Museum and seven (7) evening

programs for Light Up Downtown sponsored by the Ocean City DowntownAssociation. Events were scheduled in the park from May through December.

An effort was made in 2012 to encourage street performers to stage some events in

the park by working with George Gilbert, a magician and local street performer.

However, these efforts did not produce any new performances in the park as Mr.

Gilbert never followed up on his original plans.

Review of 2013 Usage to Date

As of December 31, 2013, Sunset Park scheduled uses were comparable to 2012.

The Downtown Association scheduled 6 dates in November and December for

Light Up Downtown. New private uses in 2013 included a Gospel Concert in

July and a Service Day hosted by the OC Worship Center in April.

Options for Future Use

The Recreation and Parks staff has discussed and considered future uses for the

park and has conferred with Glen Irwin of OCDC. The options include:

1. Continue to provide Sunset Park Party nights on Thursday evenings in July

and August as a cooperative venture between the Town and OCDC.

2. Continue to promote Sunset Park as a unique downtown venue suitable for

events and programs scheduled through the Recreation and Parks facility

reservation program.

3. Encourage the Ocean City Life Saving Museum and Brown Box TheatreCompany to expand programming in the park.

4. Promote Sunset Park as a wedding venue.

5. Encourage the OC Downtown Association to continue and expand its Light

Up Downtown programs in December.


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3

6. Encourage the Coast Guard to host a community education day at the park.

7. Explore the possibility to conduct an Autumn Food Festival based on the

model of the Crab Soup Cook off.

8. Encourage the National Aquarium to conduct programs in the park.9. Consider a Spring or Fall movie night at the park

10. Provide funding in a future bond issuance for the pier construction at Sunset

Park currently in the Towns Capital Improvements Plan.

11. Integrate the park into the Bayside Boardwalk Plan.

Approved by the Recreation and Parks Commission January 14, 2014

Current: January 14, 2014

P:Tom/Sunset Park/Sunset Park Use Analysis and Direction


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Town of Ocean City Recreation and Parks Committee

Meeting Schedule 2014

Days/ Dates Location/Time

Tuesday, January 14 NSP at 4:00 PM

Tuesday, February 11 NSP at 4:00 PM

Tuesday, March 11 NSP at 4:00 PM

Tuesday, April 15 NSP at 4:00 PM

Tuesday, May 13 NSP at 4:00 PM

Tuesday, June 24 NSP at 4:00 PM

Tuesday, July 15 NSP at 4:00 PM

Tuesday, August 12 NSP at 4:00 PM

Tuesday, September 9 NSP at 4:00 PM

Tuesday, October 14 NSP at 4:00 PM

Wednesday, November 12 NSP at 4:00 PM

Tuesday, December 9 NSP at 4:00 PM

Approved: January 14, 2014

P:Tom/Recreation & Parks Committee/Rec & Parks Committee Meeting Schedule 2014


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5. CONSENT AGENDAA. Request Approval of Contract for Convention Center Tent

Rental


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TOWN OF

T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Terence J. McGean, PE, City EngineerRE: Contract approval for Convention Center Tent RentalDATE: December 30, 2013

ISSUE(S): Request approval to amend existing contract with Select EventGroup for tent rental.

SUMMARY: Due to construction activity in the Convention Center, two largetents will need to be rented to accommodate an event from April4, 2014 through April 6, 2014. Staff requests permission toamend the existing contract with Select Event Group forSunfest/Springfest tents to include the Convention Center event.

Note: Staff solicited quotes from two other vendors: $60,319and $57,367.52.

FISCAL IMPACT: $45,130.52 to be paid from the Phase 2 Construction Budget.

RECOMMENDATION: Amend the contract with Select Event Group to include tentrental for the Convention Center event.

ALTERNATIVES: None

RESPONSIBLE STAFF: Terence McGean, City EngineerLarry Noccolino, Convention Center Director

COORDINATED WITH: Maryland Stadium Authority

ATTACHMENT(S): None

Agenda Item # 5A

Council Meeting January 21, 2014


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5. CONSENT AGENDAB. Request Approval to Solicit Bids for Grass Mowing

Services


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25166 TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Thomas J. Shuster, Recreation & Parks DirectorRE: Permission to Bid Grass Mowing ServicesDATE: January 8, 2013

ISSUE(S): Request to continue contract grass mowing of Town properties.

SUMMARY: The Recreation & Parks Department wants to continue thepractice of providing grass-mowing services in certain public

properties owned by the Town by private contractor. Contractmowing began in 2011. Funds are included in the Parks FY14Budget for contract mowing. Contract mowing has proven to be acost effective measure that helps contain in-house labor costs.Bid opening is scheduled for February 13 at NSP.

FISCAL IMPACT: $18,000 as allocated in Parks Division budget.

RECOMMENDATION: Authorize staff to solicit bids for contract mowing for spring,summer and fall of 2014.

ALTERNATIVES: Return to mowing by Parks employees.

RESPONSIBLE STAFF: Calvin Ginnavan, Parks Superintendent

COORDINATED WITH: Tom Shuster, Recreation and Parks DirectorGary Collier, Assistant Parks Superintendent

ATTACHMENT(S): None

Agenda Item # 5B



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5. CONSENT AGENDAC. Request Approval to Solicit Bids for Boardwalk Arch

Re-coating


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TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Terence J. McGean, PE, City EngineerRE: Upcoming Bid Boardwalk Arch Re-coatingDATE: January 10, 2014

ISSUE(S): Request permission to open bids for Boardwalk Arch Re-coating

SUMMARY: The Boardwalk Arch paint is failing and the arch needs to be re-coated. Bids for this work are scheduled to be opened at the

February 11, 2014 Work Session.

FISCAL IMPACT: $40,000 to be paid from FY13 fund balance as previouslyapproved by the Mayor and Council.

RECOMMENDATION: Open bids for Boardwalk Arch Re-Coating at the February 11Work Session

ALTERNATIVES: None

RESPONSIBLE STAFF: Terence McGean, City Engineer

COORDINATED WITH: Public Works Department

ATTACHMENT(S): None

Agenda Item # 5C



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5. CONSENT AGENDAD. Request Approval of B-JAG Grant Expenditure for

Audiovisual Equipment


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25166 TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Ross Buzzuro, Chief of Police, Ocean City Police DepartmentRE: B-JAG Grant Expenditure ApprovalDATE: January 13, 2014

ISSUE(S): Request for expenditure of grant funds to replace and upgradeexisting audiovisual recording capability of the PoliceDepartments two (2) Interview and Interrogation rooms locatedat the Public Safety Building.

SUMMARY: On October 1, 2013, the Agency received a Byrne JusticeAssistance Grant (B-JAG) from the Governors Office of CrimeControl and Prevention (GOCCP) for the express purpose ofupgrading our current interview room recording equipment.

The Maryland Criminal Procedure Article 2-402 requires thatLaw Enforcement Agencies make reasonable efforts to create anaudiovisual recording of a custodial interrogation of a criminalarrested for serious crimes whenever possible.

Professional Best Practices also indicate that agencies shouldrecord all criminal interrogations whenever possible.

The Police Department has two dedicated Interview roomslocated in the Criminal Investigation Division that have beenoutfitted with audiovisual recording equipment. The equipment isnon-standard, hard to use and highly unreliable. One of therooms recording equipment no longer works at all. In the lastyear at least two recordings were lost due to a system crash.

FISCAL IMPACT: The total cost of the upgrade, $16,140, will be covered by grantfunds with $0.00 cash or in-kind matching by the Town.

Beginning in year two of the installation, the Town could elect tocontinue the software maintenance agreement of $635.00 peryear.

RECOMMENDATION: Approve the attached purchase and installation bid from Brekfordfor the amount of $16,140 as a sole source bid. Brekford is anexisting town vendor who installed and services our in-car videocameras and management system.

If approved, the selected audiovisual equipment will becompatible with our current Panasonic Arbitrator System used forthe In-car camera application. This will allow a single source for

Agenda Item # 5D



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fixed and mobile digital video evidence capture, resulting in

significant time and cost savings. By using a compatible system,the Agency can capture video in a comprehensive and seamless

method from the field to the interrogation room.

We would also utilize the existing Arbitrator server, managementsoftware, interface, and computer storage space. Agency

personnel are very familiar with the Arbitrator System and wouldrequire little if any additional training.

ALTERNATIVES: Look at other camera systems not compatible with the agencies

current video storage, maintenance and management systemand training. This choice may restrict us to upgrading only one of

the interview rooms due to added cost.

RESPONSIBLE STAFF: Michael Colbert, Captain, Police Department

COORDINATED WITH: Information Technology Department

ATTACHMENT(S): 1) Grant Award and Acceptance Form2) Brekford Sales Estimate and Quote


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SALES ESTIMATE

DATE

1/9/2014

QUOTE #

140034Q

NAME / ADDRESS

Town of Ocean CityAttn: Accounts PayableP.O. Box 158

Ocean City, Maryland 21843

SHIP / DELIVERTown of Ocean City

Information Technology

6501 Coastal Hwy

Ocean City, MD 21842

P: 443-557-0200 f: 443-557-0201

www.brekford.com7020 Dorsey Building # C

QUOTE VERSION TERMS

Net 30

VALID THROUGH

2/8/2014

REP

S E

Quote #

FEDERAL ID: 20-4086662

SIGNATURE (quote approval)

_____________________________________

Brekford Policy: 3 Year Limited Priority Warranty on Mobile DataComputers-hardware/labor (excluding: batteries). This warranty does not coverphysically damaged merchandise. Refund is only available on special

circumstances and subjected to 25% restocking fee. No refund will beconsidered after 15 days from the date of purchase. For tech support and RMA

service call (443-557-0200).

TOTAL

ITEM DESCRIPTION QTY TOTALU/PRICE

*****INTERVIEW ROOM*****

EQUIPMENT

PANASONIC ARB-KIT-HDVUE - MK3 Arb- Lind Panasonic Distribution Cen;Double-WiFi Antenna for ARB360;Quantity 100 Pack SSD Cartridges;MK3 VPU

2 8,333.4,166.50

PANASONIC ARB-WV-VC31 - Arbitrator integrated camera 4 1,813.453.25PANASONIC CF-SVCARB2AMA1Y -Arbitrator 360 Software Maintenance Agreement - 1 Year per VPU (Ends

June 30) Does Not include Modular Software Applications

2 635.317.50

PANASONIC CF-SVCARB2EX2Y - Arbitrator 360 Extended Warranty - 2 Years (Years 4 & 5) 2 942.471.00GEN ITEM Wall mounted covert microphone 2 360.180.00Install Kit Installation Kit: Wiring , Mounting solution, cables, housing for cameras and associated material and

equipment for install.

2 700.350.00

INSTALLATION

LABOR Initial on-site visit for planing and preperation 1 760.760.00LABOR Panasonic certified techinician on site to assist with installation and programing of inverview room

arbitrator system

3 2,280.760.00

LABOR One time travel charge for whole project 1 317.317.00

$16,140.0


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5. CONSENT AGENDAE. Bid Award Recommendation for 150 KW Generator


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Terence J. McGean, PE, City EngineerRE: 150 KW Generator Bid Award RecommendationDATE: January 15, 2014

ISSUE(S): Recommend award for purchase of a 150 KW Generator

SUMMARY: Bids for the purchase of a 150 KW generator to be installed atthe new Fire Station 4 were opened on January 14, 2014. Two

bids were received. Fidelity Power Systems $44,469.00 andAlban Equipment $46,250.00.

FISCAL IMPACT: $44,469.00 to be paid from the Fire Station 4 bond project.

RECOMMENDATION: Award the contract to the apparent low bidder, Fidelity PowerSystems in the amount of $44,469.00.

ALTERNATIVES: None


COORDINATED WITH: Cliff Christello, Fire Department

ATTACHMENT(S): None

Agenda Item # 5E



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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Terence J. McGean, PE, City EngineerRE: Bid Award Boardwalk Network Camera InstallationDATE: January 14, 2014

ISSUE(S): Bid award recommendation for Boardwalk Network CameraInstallation Contract.

SUMMARY: Bids for Boardwalk Network Camera Installation were opened atthe January 14, 2014 work session. Three bids were received;however, only one, Stroika Construction, included a Bid Bond asrequired in the bid documents.

FISCAL IMPACT: $150,000 appropriated for this project from Boardwalk Bondproject cost savings. This contract did not include the cost of thecameras themselves which will be purchased directly by the City.

RECOMMENDATION: Award the contract to the low (and only) responsive bidder,Stroika Construction, in the amount of $91,990.

ALTERNATIVES: None


COORDINATED WITH: Rob Morand, Network Manager

ATTACHMENT(S): Bid tabulation

Agenda Item # 5F



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BoardwalkNetworkCameraInstallationBidTabulationStoika Royal Singhal*

No. Item Const. Plus Company

13 Cabletotramstation 8,587.00 9,800.00 16,705.00

49 CabletoTalbot,cameraatDorchester 23,630.00 29,400.00 28,327.00

1011 Camera

at

North

Division 6,890.00

8,700.00

12,766.00

1217 Camerasat1stand2nd 22,826.00 25,500.00 24,115.00

1826 Camerasat5th,7th,&12thstreets 30,057.00 26,340.00 50,115.00

TotalBid 91,990.00 99,740.00 135,210.00

Bond Yes No No

*Bidderdidnotusetherequiredbidformandadded$3,182forprojectmanagementtohistotalbidpric


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Terence J. McGean, PE, City EngineerRE: Bid award recommendation Mallard Run Tennis Center Fence ReplacementDATE: January 15, 2014

ISSUE(S): Replacement of fence at tennis courts 1-6 at the Mallard RunTennis Center

SUMMARY: Bids for fence replacement at the Mallard Run Tennis Centerwere opened at the January 14, 2014 Work Session.

FISCAL IMPACT: $45,000 appropriated for this project from FY13 fund balance.

RECOMMENDATION: Award the contract for the Mallard Run Tennis Center FenceReplacement to the low bidder, Able Fence in the amount of$31,546.00.

ALTERNATIVES: None


COORDINATED WITH: Tom Shuster, Recreation and Parks Director

ATTACHMENT(S): Bid Tabulation

Agenda Item # 5G

Council Meeting January21, 2014


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5. CONSENT AGENDAH. Bid Award Recommendation for Beach Equipment

Franchise


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2013BeachEquipmentFranchiseAuctionResults

Operator Parcel AnnualMcLaughlin SouthDivisionStreet $35,900.00W.Edmunds WorcesterStreet $16,000.00McLaughlin SomersetStreet $17,200.00McLaughlin Talbot

Street $12,700.00

Abuahmadeh CarolineStreet $2,900.00W.Edmunds NorthDivisionStreet $26,700.00Haugh 2ndStreet $21,700.00Rosenzweig 4thStreet $16,800.00McLaughlin 5thStreet $15,900.00Khaleel 6thStreet $9,000.00Hamdan 8thStreet $11,000.00McLaughlin 10thStreet $8,200.00Abuahmadeh 11thStreet $2,900.00McLaughlin 14thStreet $19,000.00W.Edmunds 15thStreet $18,700.00McLaughlin 16thStreet $12,200.00McLaughlin 17thStreet $39,000.00McLaughlin 18thStreet $10,700.00Abuahmadeh 20thStreet $3,500.00McLaughlin 21stStreet $14,500.00C.Edmunds 22ndStreet $18,300.00McLaughlin 23rdStreet $7,700.00Hamdan 24thStreet $7,500.00McLaughlin 25thStreet $8,000.00C.Edmunds 26thStreet $9,700.00McLaughlin 27thStreet $8,500.00

$374,200.00


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2014 LASER SHOWS

48 sphere video/laser/SPFX shows

NEW fireworks effects added to al

3 shows a night on 16 dates

Shows every Sunday starting June 1

Special Patriotic shows on Memor

Weekend May 24-25, 2014


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2014 LASER SHOWS


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2014 LASER SHOWS


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2014 O.C.TOBERFEST

Beach Maze October 18-19; Octobe26,2014

Operate under same budget as 201


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2014 O.C.TOBERFEST

Pet Parade October 18, 2014; PumpOctober 25, 2014


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OC SANDFEST (NEW FOR 2

August 18- September 1, 2014Sand sculptures along 10 blocks of

Performance and Art; night-time opt


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OC SANDFEST (NEW FOR 2

Performance art with Master Sculptors August 18-22 Display art and interactive activities with visitors and

August 23-24

Display art with special lighting continues August 25


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2014 BUDGET

All Laser Shows : $130,000*

All fireworks (beach and NSP) :$95,00

O.C.toberfest: $25,000*

Sand Art Festival: $75,000* Special Events/T.E.A.M : $35,000**

*Turn-key pricing includes all products, e

marketing, labor, security, supplies, etc.**Includes planning, coordinating, admisupervising


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REGULAR SESSION -MAYOR AND CITY COUNCILTUESDAY, JANUARY 21, 2014

8 ITEMS REFERRED TO AND PRESENTATIONS FROM

THE CITY MANAGER AND STAFF

A.Discussion of Refunding 2004 Bonds presented byFinance Administrator


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TOWN OF

The White Marlin Capital of the World

Agenda Item# 8A


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

THRU: David L. Recor, ICMA-CM, City Manager

FROM: Martha Bennett, Finance Administrator

RE: Refunding of 2004 bonds

DATE: January 13, 2014

ISSUE(S): Refunding of 2004 bonds

SUMMARY: Sam Ketterman of Davenport has prepared a refunding analysis forthe 2004 bonds which have a balance of $4,100,000. They can berefunded in March 2014 at an estimated savings of $134,730. Whilethe savings is modest, the present value is in excess of 3.41%. Ifoffered to banks only as a negotiated transaction, it would not requireas much time or expense as a public sale. Davenport would prepare afour page solicitation and use the 2013 official statement fordisclosure to the potential bidders.

FISCAL IMPACT: Refunding the 2004 bonds results in an estimated savings of$133,730 for FY15 and $500 in FY16 and FY17.

RECOMMENDATION: To ask bond counsel to prepare ordinance to issue new bond to refund2004 General Obligation Refunding Bonds.

ALTERNATIVES No action. Bonds mature as scheduled.

RESPONSIBLE STAFF: Martha Bennett, Finance Administrator

COORDINATED WITH: Cheryl Guth, Bond Counsel

ATTACHMENT(S): Davenport analysis of present value of savings on cash flow


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447M 8 454942 Davenport Company LLC Page 6 2Jan 4 2 498amPrepared by DBC Finance in nce78 Ocean City MDdeb42 4REF4REFPage 4

SUMMARYOF BONDS REFUNDED

Town ofOcean City MarylandSer ies 2 4 Refund ing of 2 4G5ndicative Rate from 3ank ofAmericaMaturity Interest Par Call CaIIBond Date Rate Amount Date Price

Se rie s 2 4 Municipal Purpose Refimding 2 4RSERIAL 35 454 36 95454 37 595454

Received Time Jan 4 2 496AM No 2998


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336 TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Kay Stroud, Zoning AnalystRE: Conditional Use for Brewing (Manufacture) of Beer in the LC-1, Local Commercial,

District

DATE: January 16, 2014

ISSUE(S): Conditional Use request to allow portion of proposedestablishment to engage in Brewing (manufacture) of Beer in the

LC-1, Local Commercial, Zoning District.

SUMMARY: Donna Shores (Ocean City Brewing Co.), has requested the

Mayor and City Councils review of her application for a newbrewing establishment to be located at 5509 Coastal Highway.

The Planning and Zoning Commission, after the public hearing on

January 7, 2014, has favorably recommended forwarding this

request to the Mayor and City Council.

The Commission agrees that this type of use supports the TownsComprehensive Plan in conjunction with the retail and restaurant

uses provided that the operation does not present itself as anoffensive nuisance.

FISCAL IMPACT: None

RECOMMENDATION: To approve the Conditional Use request with any amendments

deemed necessary.

ALTERNATIVES: Amendments to the Commissions conditions or denial of

request.

RESPONSIBLE STAFF: R. Blaine Smith, Assistant Director, Planning & Zoning

Kay Stroud, Zoning Analyst

COORDINATED WITH: Matthew G. Margotta, AICP, Director, Planning & CommunityDevelopment

ATTACHMENT(S): 1) Transcript2) Letter of recommendation

3) Finding of Fact4) Scanned Exhibits from Public Hearing

Agenda Item # 8B



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Planning and Zoning CommissionP.O. Box 158Ocean City, Maryland 21843410-289-8855410-289-8703 fax

CERTIFIED MAILRETURN RECEIPT REQUESTED January 16, 2014

Ms. Donna ShoresOcean City Brewing Co.1400 Chicago Avenue #1Ocean City MD 21842

Dear Ms. Shores:

Re: Pursuant to the provisions of Article II, Section 5, Conditional Uses, a request hasbeen filed under the provisions of Section 110-514, Uses permitted by Conditional Usein the LC-1, Local Commercial District, to permit a portion of the proposed establishmentto engage in brewing, similar to other manufacturing and wholesale establishments listedherein. The site of the request is described as an unnumbered lot of the Isle of WightPlat, further described as located on the west side of Coastal Highway and on the southside of 56thStreet, and known locally as 5509 Coastal Highway, in the Town of OceanCity, Maryland. APPLICANT: DONNA SHORES (FILE #13-16100001)

On January 7, 2014, the Planning and Zoning Commission of Ocean City, Marylandconducted a public hearing to consider the above referenced Conditional Use request.The Commission considered all testimony and exhibits presented during the hearing andvoted unanimously (6-0) to send the Mayor and City Council a favorablerecommendation for approval of the Conditional Use subject to the following conditions:

1. Control of any offensive odors associated with the brewing of beer process andother nuisance factors such as dust, noise, glare, and appearance to neighboringproperties.

2. Effluent levels must be to the level acceptable to the Town of Ocean City and/or

Maryland Department of the Environment (MDE).

3. Buffers or fencing, whichever deemed necessary, be placed along adjoining lotlines.

4. Storage trailer provided for waste barley product must be covered while storedon the outside and removed from the premises on a daily basis by sunset.


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Ms. Donna ShoresOcean City Brewing Co.1400 Chicago Avenue #1Ocean City MD 21842Page Two

By copy of this letter, the Mayor and City Council will be notified of the Commissionsrecommendation. You are now scheduled to appear before a regular session of theMayor and City Council at 6:30 p.m. on Tuesday, January 21, 2014, in the CouncilChambers of City Hall located at 3rdStreet and Baltimore Avenue in the Town of OceanCity, Maryland. The Mayor and City Council will have received the public hearingtranscript, finding of fact, recommendation letter and all exhibits by this date and will notentertain further testimony. Please be advised that the Council will make their decisionat that time.

If we may be of assistance to you in the meantime, please contact the office of

Planning and Community Development at 410-289-8855.

Sincerely,Planning and Zoning Commission

Pam Greer BuckleyCommission Chairperson

Cc: Mayor and City Council

David Recor, City ManagerAll Planning and Zoning Commission MembersWilliam E. Esham, III & Kevin Gregory, Attorneys for CommissionMatt Margotta, Director of Planning & Community DevelopmentHugh Cropper IV, 9923 Stephen Decatur Highway, Ocean City MD 21842Richard Holland, Jr., 113 Ann Court, Berlin MD 21811File #13-16100001Correspondence 13 & 14


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FINDING OF FACT

RE: #13-16100001 CONDITIONAL USE FOR BREWING (WHOLESALEMANUFACTURE) OF BEER

ACTIVITY TO BE LOCATED AT

5509 Coastal Highway

January 7, 2014

Upon a motion made by Peck Miller, seconded by Palmer Gillis, and carried by a

vote of six (6) to zero (0), Chris Shanahan absent, the Planning and Zoning

Commission hereby gives a favorable recommendation for the allowance of a portion of

the proposed establishment to engage in Brewing (Wholesale Manufacture) of Beer in

the LC-1, Local Commercial, Zoning District, in the above- referenced case for the

following reasons:

1. Population Change:There has been a population change in the neighborhood since the Adkins Companybegan operation in 1973. The Adkins Company was a retail hardware store and lumber

yard on the premises. The retail hardware store and lumber yard had been abandoneda few years ago. Last year the building was used for a retail clothing store in part. Since1973, the Best Western Hotel has been built on the property adjacent to the south; theMaresol Condominium has been built to the southwest; a commercial neighborhoodshopping center has been built on the north side of 56thStreet facing Coastal Highway;and Jamaica IV Condominium has been built just west of the 56thStreet shopping centeron the north side of 56thStreet. All of the adjacent uses existed while the AdkinsCompany was in operation.

2. Availabi li ty of Public Fac il it ies :

All public facilities either exist on-site and/or available to the site.

3. Present and Future Transportation Patterns:

There are two primary vehicle entrance/exits off Coastal Highway. The plans indicatethat handicap parking spaces will be provided from the north entrance/exit immediatelyadjacent to the front of the building. The main parking area and loading and unloading


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will take place from the southern entrance/exit. Discussion took place regarding the turnaround for large trucks serving both the restaurant and the brewery. Representatives ofthe project explained that the existing driveway had served the lumber yard for manyyears for large truck deliveries. Therefore, they do not believe there will be any greaterimpact on traffic circulation. The brewery operation will not be in conflict with therestaurant traffic during restaurant peak hours of operation.

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

The existing building is being utilized for a restaurant, associated retail, and a brewery.The building itself is not being enlarged. There will be a grain storage silo, an air-cooledglycol chiller with tank, and a CO.2 storage tank on the outside at the west end of thesouthern driveway in addition to the dumpster pad. These will be fenced along theadjoining lot lines. There will be a storage area for a trailer to dispose of waste barleyproduct. It is necessary that the exterior waste be removed from the premises on a dailybasis and be covered while stored on the outside.

5. Relationship to the Comprehensive Plan:

The brewing operation in conjunction with the restaurant and retail uses is consistentwith the Comprehensive Plan provided the operation does not present itself as anoffensive nuisance such as odor, noise, glare, and appearance to neighboringproperties.

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

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

to recommend approval for a portion of the proposed establishment to engage in

brewing, similar to other manufacturing and wholesale establishments listed as a

Conditional Use in the LC-1, Local Commercial, Zoning District subject to the following

conditions:

1. Control of any offensive odors associated with the brewing of beer

process and other nuisance factors such as dust, noise, glare, andappearance to the neighboring properties.

2. Effluent levels must be to the level acceptable to the Town of Ocean Cityand/or Maryland Department of the Environment (MDE). See memoattached.

3. Buffers or fencing, whichever deemed necessary, be placed alongadjoining lot lines.


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4. Storage trailer provided for waste barley product must be covered while

stored on the outside and removed from the premises on a daily basis bysunset.

______________________Pam Greer Buckley, Chairperson

______________________John Staley

_______________________Peck Miller

_______________________

Lauren Taylor

_____________________Joel Brous

_____________________Palmer Gillis


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PLANNING AND ZONING COMMISSION

Donna Shores (Ocean City Brewing Co. FILE #13-16100001)5509 Coastal Highway

Conditional Use Public Hearing

January 7, 2014

PRESENT IN ATTENDANCEPam Buckley Blaine SmithJohn Staley Kay StroudPeck Miller Matt MargottaPalmer Gillis Bob NelsonLauren Taylor Will Esham, AttorneyJoel Brous

This meeting of the Planning and Zoning Commission was held on Tuesday, January

7, 2014, in the City Hall Council Chambers located on Baltimore Avenue and 3rdStreet,Ocean City, Maryland. Pam Buckley, Commission Chairperson called the meeting toorder.

BUCKLEY: Alright, this is the public hearing for this Tuesday, January 7, 2014. Theitem before us, pursuant to the provisions of Article II, Section V, Conditional Uses. Arequest has been filed under the provisions of Section 110-514, uses permitted byConditional Use in the LC-1, Local Commercial, District, to permit a portion of theproposed establishment to engage in brewing, similar to other manufacturing andwholesale establishments listed herein. Concurrently a site plan review of proposedmixed-use project consisting of the wholesale brewery, restaurant/bar, and retail areawill be conducted. The site of the request is described as an unnumbered lot of the Isle

of Wight Plat, further described as located on the west side of Coastal Highway and onthe south side of 56thStreet and known locally as 5509 Coastal Highway, in the Town ofOcean City, Maryland. The applicant is Donna Shores, file #13-16100001. Prior to allpublic hearings, it is necessary that I ask if anyone in the audience has any issues withany of these commissioners taking part in this public hearing. If so, please say so now.

Alright, there being no problem with any of the commissioners, all of us will continue tosit with Chris Shanahan in absence. Alright, well start with the introduction of the casefrom Mr. Smith.

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

SMITH: I do. What I would like to do, well first of all, after receiving the application, wedid post the property on December 18th, and we ran advertisements in the Ocean CityDigestbeginning on the 18thand then a week later, so weve advertised 14 days prior tothis hearing, and we did send notice to adjacent properties within a 300 radius that thismeeting was taking place and its purpose. The applicant has supplied a set of plans thatIve given to Mr. Esham, the attorney, as Exhibit #1, as architect, er, applicants Exhibit,that shows the architectural features of the layout of the restaurant and retail store onthe east side of the building, which is an existing building, and then the breweryoperation on the back side or the west side of the building. The building already exists;

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the property is zoned LC-1, Local Commercial, District. The most recent use of thebuilding was a retail store. The easterly half of the building was used as a retail t-shirtshop up until recently. That only happened for a year or so. Before that it had set idleand had also been used for many years as the Adkins Company hardware store andlumber yard. The lumber yard is also, or was also, a Conditional Use of the property, soit has been a heavy use of the property dating back into probably the early 70s if not the

late 60s, so its been a neighbor in that neighborhood for many years as a lumber yard.Recently because of the restaurant, the mixed use of restaurant, retail, and brewery, itwas tabulated that they did not have enough parking. They can only provide, I believe,72 spaces onsite. They went to the Board of Zoning Appeal because under the code,the brewery, based on the square footage, wouldve required 20-some parking space,and the Board found that that was not needed for the brewery and that the 70-somespaces was adequate both for the restaurant, the retail, and the brewery. So theyveresolved the issue as to parking and the parking as shown on the site plan is prettymuch the way it has been for the last year or two. Prior to the retail store being there,half of that south side was parking and the other half was the storage of lumber on theback west side. So it does present more parking today than it did when it did as alumber yard and a retail store. But they would like to utilize the property in that manner,

most of the change is on the inside of the building, for the operational side of it. You willsee on the site plan that there are some, the dumpster, and some apparatus thatpertains to the brewery, one of which might be the storage of the barley, the silo, andthey will talk to you about that, how it is supplied and utilized, and how the waste isdisposed of from the operational side of it. We do know there are some questions to beasked, and weve, our wastewater department knows that they have to trap some of thesediment prior to it going into our sewer, so they will talk to you about how this operationstarts and finishes, and how they distribute their product, and the amount of truckdelivery, and shipment, and things of that nature. Hours of operation, whether or nottheres noise, glare, dust, because when they blow the grainery into the silo, its just likewhen you go to a chicken house and you blow feed into a bin, theres going to be atruck, and an auger, and noise of some sort, at least at certain times. And they can tell

you the capacity and how often it may be filled, and you know, what-have-you, which isan exterior. And youve got to the south, immediately, the Best Western Motel, and thensomewhat southwest you have the Maresol Multi-family condominium, to the north at theopposite side of 56thStreet you have that little strip center, and then west of them areother residential as you go down 56thStreet to the bay, including the motel that Fagershave at the end. So thats kind of the immediate neighborhood on that side of the road,and then you have other condominiums on the east side of Coastal Highway. All of thewest side of the highway is zoned commercial, LC-1 Commercial, so it does show thesame zoning classification on adjacent properties. As to availability of public services,be water and sewer, the building has been served with public water and sewer on allprior uses. The consumption or the need of this operation, Im not familiar with it,whether or not its adequate, they would have to testify as to whether or not theyve

investigated that theres adequate water and sewer as to the size of the lines and thedemand from this type of an operation. And they can talk to you about the volume andits needs. As far as traffic flow, pedestrian and vehicular, you can tell from the diagramthat basically its ingress and egress from the south side of the property into thoseparking space, there are some immediate parking space to the northeast of the building,which are designated as handicapped parking, they come off Coastal Highway directlyinto the handicapped parking, but the rest of the parking, and the deliveries and thingswill happen on the south side of the building, and theyll exit onto Coastal Highway. Itllbe right turn in and right turn out. There is no cross-over directly at that entrance, so all

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vehicular traffic will be to the south side of the building except for the handicappedparking, and operationally it will be to the south side of the building. There is some, Illrefer to it as solid waste, because once the barley has been utilized, and it becomes awaste product, they will dispose of it and you need to know how thats going to takeplace, because its, it has to be stored and moved from the property, I dont want tonecessarily say on a daily basis, but a daily weekly basis I suspect, depending on the

operation. So, theyll talk to you about that as well. I think as you hear the applicant andif you have any question relative to environmental issues, you know, light, air, glare,sound, dust, odor, that they can tell you how they control any nuisance factor shouldthere be one.

BUCKLEY: Okay.

SMITH: And I think thats basically what theyre here to get approval to have thebrewery operation and to present their operational plan to you for consideration.

BUCKLEY: Okay, very good. Well have the applicant present their case.

CROPPER: Sure, good evening, for the record my names Hugh Cropper, I representOcean City Brewing Company, the applicant. By way of background, before I came heretonight, I called Dale Adkins who is one of the principles in the Adkins Company. ItsDale, his sister Sally, whos now a Court of Appeals judge and Richard Holland and hisfamily of Berlin. And I asked Dale when the Adkins Company opened in Ocean City,and it was actually the subject of a somewhat famous court case back there in the alleyand that sort of thing, and we double-checked, and were pretty sure it opened back in1973 and it operated continuously from then until about two or three years ago, soessentially almost 40 years you had a lumber yard and a building material yard and thatsort of thing. If you read the Town Code under 110-514, one of the Conditional Usespermitted in the LC-1 Commercial Zone, is building material stores and lumber yards.

And although I wasnt around then, Blaine could probably help me, I suspect that was

written to accommodate the Adkins Company that was there for some 40 years. So Iwould just start off as introduction that we had a Conditional Use that was found to beconsistent with the neighborhood, matter of fact, I would suggest to you the Code waswritten to accommodate that Conditional Use for some 40 years and I think Blaine willagree that at least to most people, the manufacture of beer is going to be a lessintensive use than a lumber yard that brought in tractor trailers with trucks, and youknow, during its heyday, as you know, it was quite active. So with that introduction,were here for a Conditional Use and review of the site plan, as Blaine pointed out, wehave been to the Board of Zoning Appeals and received the parking waiver, and first Idlike to have Mark come right on up, and go ahead and give us your full name.

FESCHE: Mark Fesche.

ESHAM: And your address also please.

FESCHE: 911 Baltimore Avenue, Ocean City, Maryland.

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

FESCHE: I do.

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CROPPER: Now Mark, usually were brief in front of the Planning Commission, so bearwith me, I just want a little bit of background on this witness. Mark, when did you firststart in any kind of capacity working for a brewery or working in the manufacture ofbeer?

FESCHE: I got my first job in 1992 with the Deschutes Brewery in Bend, Oregon.

CROPPER: Okay, and what did you do for those folks?

FESCHE: I started as a keg washer and worked my way up to be a brewer. I was therefor four years.

CROPPER: And how many other brewing companies have you worked for in yourcareer?

FESCHE: Ive worked for four other breweries in the last 20 years.

CROPPER: Okay, and what did you do for those folks?

FESCHE: On three of them I was the primary consultant, lead consultant onconstruction, and then became the head brewer, and on one of them I was just aconsultant.

CROPPER: Okay, and what was your most recent affiliation?

FESCHE: My most recent was a head brewer at Husk Hardware House Restaurant andBrewery in Fayetteville North Carolina for the last four years.

CROPPER: Okay, and what type of operation was that?

FESCHE: That was a restaurant, brew-pub that also distributed package goods.

CROPPER: Would that be similar in operation to what weve proposed here?

FESCHE: Yes.

CROPPER: Okay, and how would that relate in terms of size?

FESCHE: It was half as big as what were doing here.

CROPPER: About half the size. And is it fair to say, well, let me start over, you also

attended law school and become a lawyer for a brief amount of time.

FESCHE: Thats right.

CROPPER: But other than the four years you took off to do that, from 1992 until thepresent, he saw the light right away (chuckle), youve been involved in the manufactureof beer.

FESCHE: Yes.

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CROPPER: Okay, and youve been involved in this project really since the inception ofsetting everything up and acting as the prime consultant.

FESCHE: Yes.

CROPPER: And if this project does receive all the required approvals, youll be themanager of the brewing side of the property, the manufacture of beer.

FESCHE: Yes.

CROPPER: Describe for the Board, if you would, or Commission, whats going tohappen there, how much beer youre going to manufacture and that sort of thing, what,supposedly.

FESCHE: Okay, each batch is going to be about 1,000 gallons of beer at a time, and Iimagine our production schedule will be brewing once a week, thats a conservativeestimate. But that will be one day of brewing, the next day will be cleaning, the next day

will be packaging, the next day will be loading trucks, and taking care of material.

CROPPER: So you anticipate the active manufacture of beer will about one day a week.

FESCHE: Yes.

CROPPER: Okay, and about how many employees will that require?

FESCHE: Including myself, five people or less.

CROPPER: Okay, and just as a, just information for the Board, the Code as its writtenrequired 23 parking spaces for that use, for those five employees, and thats why the

Board of Zoning Appeals, we were here, and they gave us the parking exception.

FESCHE: Right, we dont need that many parking spots.

CROPPER: Okay, and the brewery area thats in the west side, the westerly one-half ofthe building, thats not a public access area, is that correct?

FESCHE: No, the public wont be allowed back there.

CROPPER: Okay, they can see in there through glass, but theyre not allowed to beback there?

FESCHE: Correct.

CROPPER: So, its your anticipation that if everything goes well, once youre up andrunning and moving youll do one batch a week, which will be 1,000 gallons.

FESCHE: Yes.

CROPPER: Okay, and youll brew once a week and that will take about five employees.Now, whats the grain that you use?

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FESCHE: Its malted barley.

CROPPER: Okay, and how does that, how is that delivered to the premises?

FESCHE: Itll get delivered by a bulk truck and itll be blown with air pressure into our

silo, and that silo will hold enough grain for about 10 batches of beer, so that silo will getfilled roughly every ten weeks.

BUCKLEY: Okay.

CROPPER: Okay, so when things are going good, once every ten weeks theyll comeand fill your silo with the malted barley.

FESCHE: Right.

CROPPER: And less in the winter or other times when things are slower.

FESCHE: Thats right.

CROPPER: Um, tell me about, you say you make about 1,000 gallons of beer. Howmuch water do you use to make that and how much is left over?

FESCHE: Our standard formula is 7 to 1 gallons. Seven gallons of wastewater to makeone gallon of beer. About 7,000 gallons of wastewater a week.

CROPPER: Okay, so it will be 7,000 gallons and youll end up with 1,000 gallons ofbeer.

FESCHE: Correct.

CROPPER: Okay, and what happens to that wastewater, do you do anything to it tomake sure that its taken care of?

FESCHE: A lot of it is rinse water, so it is, you know, the chemicals that we use to cleanthe tanks with get neutralized with rinse water before going into the drain, and our drainsare going to connect it to tanks that, settling tanks that are outside the building, that willcollect any solids that go down the drain. And that would be grain that falls on the floor.

CROPPER: Okay, so youll neutralize the water first, the clear water first, and thensecondly you have a sort of a specialized grease trap which is a double, a double-chambered grease trap that collects the solids.

FESCHE: Yes.

CROPPER: And the solids are sort of the leftover grain?

FESCHE: Leftover grain that spills on the floor and maybe some hops that are stored ina slurry form after the boil.

CROPPER: Okay, and what happens to the part thats left over?

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FESCHE: The grain that gets leftover will get put into a large container which a pig orchicken farmer will come and carry away that day, the day we brew, and feed it to hislivestock.

CROPPER: Good, so that will be once a week that somebody comes and picks that up.

FESCHE: Yes.

CROPPER: Okay, and is there other uses that they use that leftover grain for?

FESCHE: Theres some other uses. People make pet food out of it, fish food. It can beused as compost.

CROPPER: Some of you might appreciate, I asked if you could bait ducks with it, but(laughter) he said nobodyd tried that yet.

FESCHE: Yet.

CROPPER: Um, backing up. The hours of operation when youre brewing, what is thatgoing to be?

FESCHE: Thatll be normal business hours.

CROPPER: Okay, like in

FESCHE: Daytime.

CROPPER: Okay, weve been through the number of employees, would be typically 5at the max. Tell me a little about the noise, or if there is any noise.

FESCHE: Therell be a refrigeration unit thats outside, and its no louder than anyhousehold HVAC unit.

CROPPER: Okay, the actual making of the beer inside the building, will any of thatnoise emanate outside the building?

FESCHE: I dont think so.

CROPPER: Okay, if Im out on the sidewalk, Im not going to be able to hear it?

FESCHE: No.

CROPPER: And clearly theyre going to be operating a restaurant type bar inside thatsonly going to be separated by glass.

FESCHE: Right.

CROPPER: Um, the, weve been through the delivery sort of, but youve said the graincomes about 10 batches at a time, so once every 10 weeks. They come every time you

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manufacture to pick up the waste. Other than ordinary like, paper products and that kindof thing, does your side of the operation have any other deliveries?

FESCHE: Well, well be sending kegs out to other bars and restaurants. Those kegswill be returned to us at some point, so that is, part of receiving in the brewery.

CROPPER: Okay.

FESCHE: Kegs going in and out.

CROPPER: Okay, um, but again that would be no different than if I went with some kindof use that didnt require a Conditional, bought a keg of beer, had a party, and took itback.

FESCHE: Sure.

CROPPER: Tell me about the odor, if any, associated with this.

FESCHE: During the brewing process, there are stacks that leave from the kettle outthe roof of the building, and theres some smell associated with brewing. Its usually nomore offensive than a bakery. And the brewing process is about 4 or 5 hours of a day,so just one day a week, 4 or 5 hours, there might be some odor outside the restaurant,outside the building.

CROPPER: But in your opinion, its not offensive, the odor.

FESCHE: No, no.

CROPPER: Of making the beer, and thats been your experience at the other fourbreweries where youve worked?

FESCHE: Yes.

CROPPER: And theyve had a similar type odor. Does the type of beer that you brew,does the odor vary depending on the type of beer that you brew?

FESCHE: Very little.

CROPPER: But it would take a real connoisseur to go by and smell it.

FESCHE: Yes, I could tell it.

CROPPER: Okay, weve been through the frequency of the brewing, how about any,how about any light or glare or shine or anything like that?

FESCHE: Not that Im aware of, no.

CROPPER: Okay, this is all in the rear of the parking lot outside, youre going to havethe storage facility for the grain, right?

FESCHE: Yes.

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CROPPER: And probably, thats one of the few things, a lumber yard or a brewery isone of the few things that this existing building is suited for.

FESCHE: Yes.

CROPPER: Youve also viewed the area surrounding there, and as somebody whos

been in this business since 1992, do you believe this use is going to be compatible withthe surrounding neighborhood?

FESCHE: Yes.

CROPPER: Okay, and again, the noise, the fumes, the glare, therell be no vibration

FESCHE: No.

CROPPER: and all those types of things will be such that theyll be compatible withthe Johnnys Pizza, with the condos, and with the hotel next door?

FESCHE: Yes.

CROPPER: As a matter of fact, just for the boards information, Johnnys Pizza washere represented by an attorney at the Board of Zoning Appeals, and when we haddiscussions with them, they withdrew their objection to the application.

FESCHE: Thats correct.

CROPPER: And theyre not here tonight. Thats really all I have for Mark, Im sure youguys have some questions because he will be the manager in charge of the brewingoperation.

BUCKLEY: Okay, we will ask him those now.

CROPPER: Okay.

BUCKLEY: Who has a question? Whos the first one?

MILLER: I have a question.

BUCKLEY: Okay, Peck.

MILLER: Youd mentioned 1,000 gallons a week, conservative. What side ofconservative were you going on, will you be brewing more or will you be brewing less?

FESCHE: I think wed like to brew more. Its certainly based on sales.

MILLER: Okay, if you did more, then youd have more deliveries and more traffic andmore

FESCHE: Thats fair to say, yes.

MILLER: Okay.

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BUCKLEY: What would be a maximum for this particular business?

FESCHE: A maximum, I would think, would be four times a week would be reallypushing it. We could probably do two times a week comfortably.

BUCKLEY: Okay.

FESCHE: When you say a maximum, is that the most you could do or thats the mostpeople would consume?

BUCKLEY: No, because youve still got to clean it, and all that, hes got to do the wholeprocess, its a three or four day process just to do it.

FESCHE: Two weeks to a month, so, yeah, we just have to wait for a tank to open upsometimes before we can brew. There are times when we dont brew for a weekbecause we dont have an empty tank.

MILLER: So if youre running full-tilt, the most you could be would be four brews a week.

FESCHE: Yes.

MILLER: Okay.

BUCKLEY: And I see that as being very difficult.

MILLER: Well

BUCKLEY: (Chuckle) From what you just said, but still, but even four, okay, so thats,uh, that gets you down to delivery down to every two weeks, two and one-half weeks of

the hops or the grain or whatever it is, and then the same for the going out. Okay.

TAYLOR: What is the height of the silo?

FESCHE: 31 I believe.

TAYLOR: What?

BUCKLEY: 31.

FESCHE: 31, 31 feet.

TAYLOR: So thats like 3 stories.

BUCKLEY: And how big is it, whats it made of, metal or concrete?

FESCHE: I would guess metal, its an agricultural silo.

BUCKLEY: Okay, alright. Lets, we dont need coming from the audience, so well get itanother, another time. Um, agricultural silo? Okay.

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GILLIS: Youve seen them a million times.

STALEY: Will there be any smell from the fermenting of the grain and the disposal of itonce its used?

FESCHE: No, because we plan on having the farmer come and take that grain away the

day we brew.

TAYLOR: You said, though, there would be four to five hours of an odor that you findwonderful, but considering youre a brewer thats not too much of a surprise. Im tryingto remember how many condo balconies are going to be affected by that, because theremay be people who dont want to sit on their balcony and smell a brewery for four hours,but Im trying to remember the configuration of those buildings, because I think there

MILLER: The Maresols back in the back.

BUCKLEY: The Maresol is in the back and they face west.

GILLIS: The Best Western that might.

TAYLOR: The Best Western

MILLER: The predominant wind is going to be southwest blowing

BUCKLEY: Away from the brewery.

MILLER: So the guys on the Oceanside are going to smell it more.

TAYLOR: And I should know how to do this math, but Im too tired. 1,000 gallons ishow many kegs?

FESCHE: Um, 60.

TAYLOR: What?

FESCHE: 60.

STALEY: 60.

TAYLOR: So youre going to, how many do you think youre going to be, how manyseats are in here? How many people are you going to

FESCHE: I think the restaurant holds about 220 seats.

TAYLOR: So how much are you planning on shipping out and how much are youplanning on using?

FESCHE: Um, whatever isnt used in the restaurant wed like to ship out.

TAYLOR: So you would have 60 kegs a week going out, 60 to 120 kegs a week?

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FESCHE: Yes.

TAYLOR: And those go out in trucks?

FESCHE: Yeah, in our box trucks that we own.

TAYLOR: And how many, how many fit in a box truck?

FESCHE: 20?

STALEY: 20.

FESCHE: 20 kegs in the truck.

TAYLOR: So theres three

FESCHE: In a delivery.

TAYLOR: So theres three to six loads every

BUCKLEY: No, no, no.

TAYLOR: two to four days?

BUCKLEY: No, 60 is the most theyll have in a week. Thats 1,000 gallons in that oneprocess and say, right, 20 on premise and say they take out 40, so thats two deliveries.

TAYLOR: If they can do two or three or 4,000 gallons, so

BUCKLEY: Okay, well thats true, thats true, okay, just checking, youre right, youre

right.

TAYLOR: Im just trying to figure out what the maximum load on that neighborhood isand those, the maximum noise that goes into those condos and those Best Westernrooms.

BUCKLEY: Yeah, we shoulda, we shouldve had a trip to Dogfish up in Milton.Because thats

GILLIS: Supposed to have had a tour, a brewery tour.

BUCKLEY: I appraise up there a lot, and there is odor.

FESCHE: They are substantially bigger than we are. And they brew 24 hours a day, 7days, yeah.

BUCKLEY: Yeah, so and its still surrounded by single-family homes, theyre continuingto build there, whatever that means. A question from Mr. Miller.

MILLER: From a design standpoint, on the larger plan of the building itself, you havedining and retail and I realize theres a difference in parking requirements for dining and

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for retail, but 225 seats sounds like it takes up that front area. Theyre going to be diningin the retail.

TAYLOR: Right.

CROPPER: Well, theyll only be allowed as many seats as the dining, restaurant portion

will permit, so we wont be allowed to exceed however many, Blaine can tell you, butyoure allowed one seat per so many square feet, and well be allowed

MILLER: For what youve set up for parking.

CROPPER: Yes.

MILLER: Okay because I guess my concern is the access and ingress of all the trucksand vehicles that are coming in and that all of your customers are going to be parking inthat double row of parking. Have you give any consideration to having it access to thestreet to the north to the back of the building? For deliveries and pick-ups and trashand

FESCHE: I dont think theres room back there.

MILLER: From the back of the building itself though?

FESCHE: From the back of the building? Theres no other point of ingress and egress.

GILLIS: On 56thStreet is what hes saying. In other words, eliminate a parking space, aparallel parking space

MILLER: Yeah, and have an alley access for all the trucks through the back of yourproperty.

GILLIS: Like maybe here. Thats what hes referring to.

FESCHE: Right.

MILLER: I mean, its a large building.

FESCHE: The building right back there would be our brew house

MILLER: Im sorry, say it again please?

FESCHE: If we would try to bring anything into the building there it would come right

into the restaurant, I mean, right into our cooler or our brew house.

MILLER: Well, you have a lot of space, and I was just wondering for an access, it wouldbe nice to have all your delivery trucks not go through your parking lot every single day,especially in the summer time. Or if you have some kind of pick-up, like move yourcooler forward 15 feet. Im not sure what your property line is behind that, but itsprobably at least 5 or 10 feet, correct?

FESCHE: 5 or 10 feet, yeah.

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MILLER: Yeah, I mean, if you even shortened the building by 10 feet youd have analley that would access trash trucks, loading trucks, hop trucks, I mean, everything.

CROPPER: Im not sure Im following, youd want to tear off part of the back of thebuilding?

MILLER: Exactly. Just asking. Have you given any consideration to doing that?

FESCHE: They probably had their trucks coming into that parking lot, they probably hadmore trucks and bigger trucks than were going to have.

MILLER: But they didnt have a restaurant.

TAYLOR: But they didnt have 220 seats either.

FESCHE: Right, well our deliveries are going to happen in the morning, and ourrestaurant isnt open until noon.

MILLER: I just asked if, consideration, because I have owned a restaurant, and I doknow what trucks do, and I do know how food gets dropped off, and

FESCHE: Sure.

MILLER: you have the best intentions of when they should be coming to do what theywant to do, but if theyre running late and traffics bad, you need it. So its always nice tohave a restaurant that has an escape route for anybody whos coming in with worktrucks; especially if youre going to be parking all your cars. Its a rather narrow parkinglot, going back up, and I utilized it for many many years myself, it just seems that now,before you build the project out, if you can accommodate something that long-term is

going to be a better solution, Im hoping youre doing three, four things a day, a week,whatever

FESCHE: Sure.

MILLER: you know, the busier you are the more your going to have to accommodatethis down the road. It seems like nows the time to look at that because you are going tobe impacting Coastal Highway traffic there.

FESCHE: Yes, sir. The building is existing and we have to work with what we have. Idont see us

GILLIS: Looks like to me, between the property line and the west end wall of thebuilding, you have at least 12 feet, which I think what Mr. Millers saying is if you tookyour cooler, the problem with that might be the, bringing the materials in. But if you tookyour cooler and moved it up somewhat so you could have hallway access. I mean hisideas got a good basis, it would allow you to have a truck loading in the back end wall ofthe building. Its a possibility, hes just thinking out loud.

FESCHE: Sure.

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MILLER: And nows the time to look at it because six months from now its way too late.

FESCHE: I agree. Ive been looking at it a long time, and I think what we have plannedis the best use of the building. I dont see any way we could have an ingress and egresson the 56thStreet side, or even the alley way behind the building. If you walked backthere, youd see that would be a substantial undertaking to try to put a driveway back

there.

MILLER: Im just saying the back side of the cooler, a cooler is a cooler, so that couldbe outside already so its not like youre hurting the back wall. I mean, thats going to bean inside cooler in that back corner space of the thing, so if you pulled the whole thing10 feet, its just a thought, but it would sure make it a lot better for this town, you know,long term. To have two means of access and egress.

BUCKLEY: Right. And the other thing even, and I mean, I obviously know nothingabout brewing, but even flipping that over the brew house, and putting your packagingover there, and then you would have, maybe some room to at least put maybe whenyoure packaging it and then youre shipping it out, with the door there.

FESCHE: The existing overhead door is a large garage door that the forklift can come inand out of. It is a

BUCKLEY: So thats the main reason that you dont want to put another overhead doorin on the north side of the building.

FESCHE: And theres no loading dock on that side.

CROPPER: Theres parking on the street on the 56thStreet side. Youd have to make acurb cut, youd have to remove utilities there

MILLER: Im just hoping youre going to be really busy, and youre going to have arestaurant thats going to be packed with people; cars going in and out, and then youregoing to have a lot of utility trucks a lot of time.

GILLIS: Conflict with the functioning of trucks versus the parking.

TAYLOR: Any idea that you know when trucks are going to come and go is kind of anice idea in theory, but the reality is it doesnt really work that way.

GILLIS: But Im assuming you know when, what your hours of operation are probablynot going to be opening at 7 or 8 oclock in the morning, and Im assuming your truckscould come in at that time, perhaps.

FESCHE: Im going to be there at 7 in the morning.

GILLIS: Yeah, but youre not going to be open and selling

MILLER: Breakfast, beer with breakfast.

GILLIS: Beer cakes, beer pancakes?

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FESCHE: No.

GILLIS: Okay.

BUCKLEY: So wheres the delivery for the kitchen? The food deliveries?

FESCHE: The doors that are about half way up the building

BUCKLEY: Um hm.

FESCHE: on the parking lot side.

GILLIS: Right under the word building on the south wall.

BUCKLEY: Right here, okay.

GILLIS: Right, right here. (showing the location)

BUCKLEY: Um um um.

GILLIS: What are your hours of operation? What time will you open for the public?

FESCHE: The restaurant, 11 to

GILLIS: Okay, so you have plenty of time in the morning to

BUCKLEY: Thats what Im saying.

GILLIS: Yes.

BUCKLEY: Whats this?

MILLER: Its outside dining it looks like.

GILLIS: I had a couple questions.

CROPPER: I agree with you, Mr. Gillis, but I really dont think pulling the, I dont thinkhauling off the kegs of beer is going to be that much of a conflict. If they do it in themorning, and

GILLIS: Right. No, Pecks idea was just trying to be helpful to give them another meansof access.

CROPPER: Its good to look at it, probably better to look at it, but youd have to tear upa lot of stuff to get out to 56thStreet.

GILLIS: Right, um, I notice on the site plan, item #5 is bike racks? Is that bike racks,thats a lot of bike racks, which is great. Youre not planning on having a scooter ormoped rentals here, are you?

FESCHE: No, were not.

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January 21 2014 Complete Agenda