About Joanne Shriner

Staff Writer

No Decision On Operator’s Request To Rent Trikkes On Boards

Photo by www.electric-scooters-galore.com

OCEAN CITY – Before sending a favorable recommendation to the Mayor and City Council on the rental of electric Trikkes on the Boardwalk and at Northside Park, the legal jargon of the proposal will be examined by the city solicitor for further discussion.

In January, Bryant Hungerford was scheduled to come before the Police Commission to review his request to rent the electric version of a Trikke on the Boardwalk. Hungerford was unable to attend the meeting at that time but the commission’s initial discussion resulted in denying the request due to high speed and the potential of adding further chaos to the Boardwalk.

A Trikke is a brand of a three-wheel, or three-point, standing, carving vehicle that resembles a scooter, and can be body powered by a swerving action or electronically powered.

At that time, Ocean Police Department (OCPD) Lt. Scott Harner explained the vehicle is defined by the Maryland Transportation Article as a “Motorized minibike”, which means a motor vehicle that has two or three wheels, and is not subject to registration under Title 13 of the article. A motorized minibike does not include a motor scooter, a moped or a farm tractor.

Ocean City’s Code states, “the operation of bicycles, pushcarts and Electronic personal assistive mobility device (EPAMD) on the boardwalk is only permitted from Saturday of Memorial Day weekend through Labor Day, between 2 a.m. and 11 a.m. of the same day, from Tuesday after Labor Day through Friday before Memorial Day at any time, except for the times of Springfest and Sunfest.”

An EPAMD, also known as a Segway, is defined as a device that has two non-tandem wheels, is self-balancing, is powered by an electric propulsion system, has a maximum speed capability of 15 mph and is designed to transport one person.

The code furthers, “it shall be unlawful for any nongovernmental motor vehicle, motor-assisted vehicle, bicycle, pushcart, or EPAMDs to be operated on the boardwalk at any time without permission of the Mayor and City Council or its designated agent except during the time set forth in the code.”

Harner expanded that part of the code, saying, “The motorized version of the Trikke is prohibited … on the Boardwalk at any time, so I don’t think it is possible for Mr. Hungerford to proceed renting them on the Boardwalk as it is currently prohibited.”

On Monday, Hungerford came before the commission presenting the low-powered electrically driven Trikke with a 250-watt motor. The Trikke can travel up to 16 mph but Hungerford proposed installing a speed limiter that would reduce the maximum speed for rentals to 9 mph.

“My request is to rent and operate electric Trikkes on the Boardwalk during regular bicycle usage hours and on the bike path at Northside Park. Both locations currently allow electrically driven Segways,” Hungerford said. “The Trikke is substantially more visible than a banana bike and it takes up less room then a surrey. The Trikke is safe, stable and slow.”

According to Hungerford, both the Consumer Product Safety Act and Consumer Product Safety Improvement Act set forth low-powered electric bikes and three-wheeled electric Trikkes are defined as bicycles and are to be regulated as bicycles. The act states the federal code pertaining to a two- or three-wheeled, low-powered electric Trikkes shall supersede any state law that is more stringent than federal law.

“If it supersedes state law, it should supersede local law,” he said. “I have received a written opinion from the Assistant Attorney General in the State of Maryland that the state would use the federal definition of a electric bicycle and it is not subject to registration to the Motor Vehicle Administration.”

Hungerford concluded there are no limits to the number of bicycles, surreys and banana bikes on the Boardwalk or at Northside Park.

“I’m sure there are at least 1,000 bicycles, surreys and banana bikes available for rent right now on the Boardwalk. It would be unfair to exclude the Trikke vehicle because it would be the only vehicle eliminated because of congestion or because of the quantity of vehicles. The Trikke is safer than the existing bicycles on the Boardwalk,” he said.

Commission Chair and Councilman Doug Cymek felt the commission was at a disadvantage given City Solicitor Guy Ayres was absent from the meeting.

“There is an ‘X’ amount of vehicles you can put in a given space on the Boardwalk, and we are getting to the point that we are saturated,” he said. “In my personal opinion, I feel it has become a public safety issue, and I would like to have the opportunity to find out how many pedestrian bicycles and rental incidents we have had on the Boardwalk before we make this decision.”

Mayor Rick Meehan felt that times have changed and allowing the rental of electric Trikkes on the Boardwalk would keep Ocean City up to date.

“To be able to ride it, to look around and being 2014 seeing what is happening in other areas, I think we always have to be open-minded,” he said.

Police Chief Ross Buzzuro pointed out a Trikke traveling at 9 mph would travel the entire length of the Boardwalk in 15 minutes.

“Nine mph doesn’t seem real fast but it is not slow,” he said. “Adding that piece of equipment moving at that speed could cause a problem.”

Harner added the scooter rentals in town are limited to a certain speed but the police department has encountered issues with scooter rental operators increasing the speed limit unbeknown to the OCPD.

“I appreciate your legal references … but I am having trouble within the information you provided with the interpretation that it is a bicycle. The challenge with the information that you provided I would think an attorney would find is … a bicycle is very clearly defined as having two or three wheels and it has fully operable pedals, and your Trikke does not have pedals,” he said.

Cymek concluded the commission will pass Hungerford’s proposal onto Ayres for comment and the discussion can be furthered at the June 9 commission meeting.


Ocean City Decides Against Hiring Firm To Endorse Flood Insurance Appeals; Major Changes Ahead For Coastal Property Owners

The beach is pictured after a significant fall story in 2009. File Photo


OCEAN CITY – The City Council decided this week against contracting with an engineering consultant firm to represent the city when, or if, property owners appeal to the federal government over proposed changes to flood insurance rates.

The decision means Ocean City will remain the middle man between property owners and the Federal Emergency Management Agency (FEMA) when it comes to individuals appealing proposed changes to the Flood Insurance Rate Map (FIRM).

The Town of Ocean City received a letter in February from Flood Insurance and Mitigation Administration Chief of Engineering Managment Branch Luis Rodriguez explaining the 90-day appeal process for the proposed changes in the FIRM and Flood Insurance Study (FIS).

According to the letter, the proposed flood hazard determinations, if finalized, will become the basis for the floodplain management measures that Ocean City must adopt or show evidence of having in effect to remain qualified for participation in the National Flood Insurance Program (NFIP). However, FEMA will provide community officials and citizens an opportunity to appeal the proposed flood hazard information presented on the preliminary FIRM and FIS report.

During the 90-day appeal period, any owner or leasee of property in Ocean City who believes their rights will be adversly affected by the proposed flood hazard determinations may appeal to the Town of Ocean City, or to an agency the town publicly designates. The appeal data must then be submitted to FEMA. Only appeals of the proposed flood hazard determinations supported by scientific or technical data can be considered before FEMA makes its final flood hazard determination.

The letter furthers, if FEMA does not receive an appeal or other formal comment from the Town of Ocean City in its own name, they will consolidate and review appeal data and comments from individuals the town will forward, and FEMA will make such modifications to the proposed flood hazard information presented on the FIRM and in the FIS report as may be appropriate.

If the Town of Ocean City decides to appeal in its own name, all individuals’ appeal data must be consolidated into one appeal by the town, because in this event FEMA is required to deal only with the local government as representative of all local interests.

Director of Planning & Community Development Matt Margotta explained to the Mayor and City Council during Monday evening’s regular session, FEMA has created an update to the FIRM affecting Ocean City, as well as completed a public review process for the proposed updated maps. The advertised 90-day appeal period is open until June 12.

The current process being followed is the Town of Ocean City receives appeal applications from Ocean City property owners and sends them to FEMA Region III for review. However, the town can choose to endorse pre-FIRM appeal applications from Ocean City property owners by hiring an engineering consultant firm to evaluate and endorse applications.

Margotta did not recommend the town endorse pre-FIRM appeal applications due to city staff not being certified to evaluate any applications.

According to Margotta, the town has not received any pre-FIRM appeal applications to date but acknowledged several property owners from north Ocean City, more specifically 143rd to 146th streets, areas proposed to be rezoned as A0, will most likely have a significant increase in flood insurance costs and therefore are likely planning on submitting an appeal.

“We do not believe there is anything wrong with the data that FEMA used to make its determination,” City Manager David Recor said of staff’s recommendation to pass on hiring an engineering consultant. “We believe that $100 million in beach nourishment and protection measures for the beach have been successful and the information that FEMA relied on to make its determination is in large part due to that investment. Their determinations have to be scientifically or technically incorrect and if a property owner believes that data is flawed it is their responsibility to fill out an application consistent with the criteria that is outlined in the statute. We will facilitate that process but not are recommending that we be responsible for challenging that data.”

Councilman Joe Mitrecic pointed out the number of applications to be received is unknown, and if the town chose to hire an engineering consultant, it will leave an open check, most likely to reach at least $15,000 per application.

“It will open the town up to a huge liability and the costs could get out of control, as well as think about spending more time with one property over another property. It will be hard for the staff to regulate how well the consultant is doing his or her job,” Acting City Solicitor Heather Stansbury said.

Council Secretary Mary Knight made a motion to accept the recommendation to not endorse pre-FIRM appeal applications, and the council voted 5-0, with Councilman Dennis Dare absent and Pillas abstained to approve.

There were no public comments taken prior to deliberation but during the citizen comment portion of the meeting a few north Ocean City property owners took the opportunity to speak to the matter.

“According to the letter that was written to Mayor Meehan, it has to be done by presenting scientific evidence, which would be an engineer to determine if FEMA is correct or incorrect, and we have a ballpark estimate of about $12,000 for that fee,” property owner Robert Chertkof said. “Basically what I heard earlier was this council saying they don’t want to spend any money on an engineer, which is concerning because we are taxpayers, and it seems to be you should be our sword and our shield to help us or defend us, whatever the case may be, instead of say we are on our own.”

Chertkof’s neighbor, Gwyn Tober, stated she is has been paying $312 a year for 23 years for flood insurance but the new map with raise her insurance to at least $7,000 a year.

“That is huge,” she said. “That is a lot of money and if I go to sell that property I have to disclose that to a buyer. That is affecting all of those people. It is not a simple issue.”

Mac Balcom of Ocean Place Condominiums on 146th Street, said his association has begun its own appeal process by hiring an engineering consultant. He reported not many, if any, Ocean City property owners know of the changes being proposed.

“I was here in November talking about this, and I was kind of shooed away I felt, and the discussion that you had tonight should have been held in November in my opinion,” he said. “When does the public find out about this? I think that is where the City Council could have played a better role in getting the word out and possibly present a unified face, even if it wasn’t hiring an engineer.”

Insurance Management Group, Inc., President Reese Cropper requested the council challenge FEMA on risk factors used to develop the proposed map and report.

“I don’t think the federal government does everything right … we all seem reluctant to go to the federal powers and challenge what they do, and that is what I have seen happening in this city,” he said. “This FEMA report does not take into consideration some risks that I think you should think about.”

According to Cropper, the report does not take into account storms such as the the winter storm of 1992 that happened overnight. The storm breached Assateague Island wiping out Snug Harbor, and Ocean City’s dunes were decimated. As well as, does not take into consideration Superstorm Sandy in 2012 because the study began prior to. The study did use the storms of Isabel, Ida and Ernesto that were not a direct hit on Ocean City.

“To me that says we need to pull back and re-evaluate this,” he said. “I think this map is flawed not taking Sandy in consideration of anything. FEMA should withdraw the map for now and look at what Superstorm Sandy’s effects would have been on this city.”

Cropper furthered the study focused on the dunes in Ocean City but doesn’t take into consideration the bay or the ocean rising.

“Most of Ocean City is being rezoned into a X zone, which means that there are going to be buildings out there that are not going to be required to buy flood insurance … it is the most ludicrous thing that we live on a barrier island and we are not going to be required to buy flood insurance. It just doesn’t make any sense,” he said. “I think it is the city’s duty to challenge FEMA … what are you going to do when there is a storm and you have most people uninsured? You’re going to have blight, you’re going to have people that walk away from their properties, you going to have a tax base that is going to go down, you are going to have real estate go down in value, and you’re going to have property taxes that go way down in revenue… This is the only city that I know of on the coast line that has been relaxed in flood zones. Something is not right.”

Recor responded Cropper doesn’t need to look any further than to the coastal towns to the south.

“There is an active FBI investigation on these changes in coastal communities and the amount of money that is going to the National Flood Insurance Program, so there are plenty of examples out there, such that it is suspicious,” Recor said.


Ocean City Not Likely To Reduce Skate Park Hours After Usage Impresses

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OCEAN CITY – Following a year of studying the usage of the Ocean Bowl Skate Park, the Recreation and Parks Commission plans to recommend to the full Mayor and Council its funding stay as is.

This week the Skate Park Committee reconvened to look over additional data collected at the Ocean Bowl Skate Park of usage and, expenses and revenue.

This time last year, the Mayor and City Council voted to have Ocean Bowl Skate Park operate through the summer during its normal hours, which is open seven days a week during daylight. However, cost-cutting changes were proposed to shut it down during the months of January and February during the week. The reduction in hours would have saved the town approximately $21,000.

Due to the public’s backlash, the council reconsidered the decision and voted to appropriate $21,000 in the FY14 budget to have the Ocean Bowl operate its normal hours during the off-season and continue with the formation of a skate park committee to conduct a study.

The committee first met a couple of months ago when 2013 data was reviewed. In summary, Recreation and Parks Assistant Director Susan Petito presented the skate park was open a total of 323 days during 2013.

According to the report, up to January there were 10,329 visits to the Ocean Bowl in 2013, showing daily attendance averaging nearly 31 skaters per day.

The skate operation brought in a total of $55,194 in revenue, which was derived from pass visits, pad rentals, product sales and numerous camps and programs. Additionally, the park received a donation of $1,000 from the Elks Lodge to help show support for its continued operation.

Total staff hours equaled 5,361 for a wage expense of $64,576. Petito noted that staff members are not only responsible for the supervision of the skate park, but they also teach lessons, support scheduled programs and competitions, and support and protect the entire two-block area that encompasses the Downtown Recreation Complex.

The report furthered, per Councilman Dennis Dare’s request, the staff members at the Ocean Bowl have begun to track the departure time of each participating skater so that an estimate of skater hours spent in the park may be determined on a daily basis.

From Thursday, Jan. 16, through Sunday, Feb. 9, the park was open 17 days, 16 for which skater time in the park was collected. During those 16 dates, 227 skaters were in the park for a total of 639.5 hours, showing that skaters stay in the park an average of a little over two and half hours per day during the cold weather months.

In 2012, the Ocean Bowl cost $95,000 while in 2013 it cost $75,000 to operate.

Since last year, Ocean Bowl Manager Dave Messick reported the park has saved about $20,000 by tightening all expenses.

This week the committee reviewed progress at the Ocean Bowl in the first three months of 2014. Between January, February and March of this year, the Ocean Bowl was open 57 days with an attendance of 1,249. The total time spent in the park was 3,522 hours with an individual averaging 2.82 hours. There were 884 employee hours spent in the park with payroll expenses reaching $11,100. There were 62 daily passes sold, 106 annual passes sold and two pad rentals reaching revenue of $8,186 in the three months of this year.

“The recommendation is that we leave the skate park alone. It cut expenses and people are using it,” Commission Chair Councilman Joe Mitrecic said on Thursday.

According to Mitrecic, the Ocean Bowl is set to be funded the same as in previous years in the proposed FY15 Budget that is scheduled to receive its final vote on May 19.

OC Council Gets First Look At Proposed $151M Budget

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OCEAN CITY – City Manager David Recor presented his version of a balanced budget on Tuesday, kicking off what will be a week of budget meetings between staff and the Mayor and City Council.

“I am pleased to present the City Manager’s Fiscal Year 2015 Proposed Operating Budget for the Town of Ocean City, which totals $151,361,282,” Recor’s budget message states. “The Proposed Operating Budget includes the Town’s General Fund, all of the Enterprise Funds and Internal Service Funds in addition to the Pension & OPEB Trust. These spending plans reflect the priorities identified by the Mayor and Council’s Strategic Planning Action Items and a commitment to continue to provide a high level of service to our residents and enhance our visitor experience while preserving our organizations long-term financial viability. The Fiscal Year 2015 Proposed Operating Budget is balanced and confirms that our distinguished community is clean, safe, healthy and strong place where the quality of life is unsurpassed.”

Recor’s proposed budget highlights many key components starting with expenditures for all funds totaling $151,361,282, which is an increase of 2.5 percent from FY14. General Fund revenues and expenditures equal $79,351,270, which is an increase of 3 percent from FY14.

Assessed value of real property equals $8,517,160,880, which is an increase of $28,029,607 or .33 percent. The town is currently in the third-year of a three-year assessment cycle. Jan. 1, 2015 is the first year of a new cycle and all Ocean City residential and commercial property, with the exception of a section of commercial property from 25th Street north to the Delaware line, will be reassessed. That section of commercial property will be reassessed in year two. In year three, Ocean City properties will be reassessed to reflect altercations, additions, deletions and/or adjustments.

Property tax revenue projections are based on the constant yield ad valorem tax rate of 47.01 cents per $100 of assessed valuation plus one cent, or 48.01 cents, which generated $42,711,465, including personal property and corporation taxes. One cent on the real property tax rate is equivalent to $851,795. The constant yield rate would bring in the same amount of revenue as the year prior.

The proposed budget includes use of $775,000 in General Fund Balance for Capital Improvement Project funding — $500,000 for canal dredging $175,000 for bulkhead replacement, and $100,000 of special appropriation for healthcare as previously approved by the Mayor and City Council.

The budget also includes $1,871,277 in the Street Paving Fund, and Capital Improvement Project expenditures for General Fund supported projects that total $2,371,361, which represents 3 percent of General Fund expenditures.

Next Recor highlighted the budget provides an FY11 step increase on July 1, 2014 and FY15 step increase on Jan. 1, 2015, equivalent to a 2.33-percent average salary adjustment for eligible Fraternal Order of Police bargaining unit employees totaling $164,676.

The budget provides an FY15 step increase on July 1, 2014, equivalent to a 1.53-percent average salary adjustment for eligible fire/EMS bargaining unit employees totaling $79,631.

Additionally, it provides an FY15 step increase in July 1, 2014, equivalent to a 2.89-percent average salary adjustment for eligible general non-bargaining unit employees totaling $524,242.

Recor furthered the proposed budget eliminates, adds and converts several positions as well as provides $4,500 to resume production of a Fall Newsletter, which will be combined with the Annual Report to Citizens; water usage rates will not be increased; increases the weekend Spring/Summer golf package rate by $4 at Eagle’s Landing Golf Course; and reduces the General Fund transfer to the Transportation Fund by $1,327,606, or 77 percent, by eliminating the $1 bus fare.

The proposed budget does maintain the General Fund Balance consistent with the Mayor and City Council’s policy of 15 percent of previous year General Fund expenditures equivalent to $11.9 million.

“The FY15 Proposed Budget balances a variety of needs and wants, focuses both short and long term, and reflects Strategic Plan priorities and tactical results. I am pleased with the proposal. A lot of hard work, energy and effort have gone into getting it ready for your review. The departments are ready to work with you, and we look forward to it,” Recor said.

Council President Lloyd Martin gathered so far the Mayor and City Council is in support of the proposed budget.

“It looks like a forward looking budget. As we move forward we are always thinking about what may happen, what could happen, and I think that is all because of our staff and what they do. I believe the council is very supportive,” he said.

Budget meetings started on Thursday and are scheduled through the week with a budget wrap-up session beginning next Thursday to conclude on Friday.

The entire budget and calendar are available at www.oceancitymd.gov.





Dew Tour’s Summer Dates Approved For June 26-29

Although the event features many sports events, there is also the Dew Tour Village that offers a variety of activities and vendors. File Photo

OCEAN CITY – It is official, the Dew Tour will be returning to Ocean City in its fourth year to be held June 26-29.

This week Chris Prybylo of Alli Sports, a division of NBC Sports Group, requested the Mayor and City Council approve the 2014 Dew Tour, June 26-29.

The event is part of a professional action sports tour involving BMX, skateboarding and surfing. There is also an interactive festival village open to the public, featuring sponsor displays and product sampling, and concerts, which will take place on the beach north of the pier to about North Division St. The expected number of spectators is estimated at 18,000 per day.

Private Events Coordinator Lisa Mitchell recognized city staff’s concern over the event’s timeframe ending just prior to 4th of July festivities downtown and the time it will take for the Dew Tour to break down. However, a planning meeting was scheduled the following day with Dew Tour officials and city staff.

Set-up of the Dew Tour will begin June 12. The event will take place June 26-29, and break down will begin immediately to be concluded by the early morning of July 3.

The Department of Public Works commented, “The entire event will need to be removed from both the beach and Inlet Parking Lot by July 3, which only leaves the event four days for total removal. This is a real concern due to the fact the 2013 event had almost two weeks to tear down.”

Prybylo disagreed break down took 14 days last year but rather seven at the most. He assured the council a plan will be put in place between the Dew Tour and city staff during their meeting on Wednesday regarding the break down schedule. He said organizers are planning to begin competitions earlier in order to finish earlier and begin break down as soon as possible.

“I want to thank the Mayor and City Council for their support over the past three years. We couldn’t be happier with the support from the staff and community who have really embraced the tour, so we really appreciate everything that has been done and it has been a great event for Ocean City as a whole,” Prybylo said. “We are looking forward to coming back here having another great event, and showing Ocean City to the world again.”

Pillas stated despite concerns the Boardwalk businesses do not mind the Dew Tour’s giveaways at the festival village in exchange for the amount of business the event brings to the Boardwalk. However, concerns continue to be expressed over the family-value of the concerts and the language used on stage.

“We certainly understand your concern around the concert. We had an issue with some inappropriate language a couple of years ago, and I personally pulled them off the stage. It is in their contracts. We cannot completely control them but they are warned, and they know they can get shut down if it happens, and it is certainly something we take very seriously,” Prybylo said.

The council voted unanimously to approve the Dew Tour in Ocean City this summer June 26-29.

“We are proud to host the Dew Tour. It is a great honor for Ocean City. We have developed a tremendous partnership and working relationship, which has helped us develop other events in town. The exposure we get on national television Ocean City shows absolutely beautifully, and it just works so well with the Dew Tour. It is what we are all about being an outdoor family activity … and I hope we can continue this partnership for many years to come,” Mayor Rick Meehan said.

Prybylo agreed the Dew Tour in Ocean City has been a good experience for all.

“We certainly love Ocean City as well, and I speak for NBC and all of our partners. It has been a great experience for the past three years and I am sure it will be a great experience in year four. We have built something pretty great here,” he said.




Ocean City To Discuss Smoke-Free Beach; Referendum To Gauge Voters’ Stance Suggested

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OCEAN CITY – Whether to ban smoking on the beach as well as the Boardwalk will be formally discussed by Ocean City lawmakers next month.

According to Councilman Brent Ashley during strategic planning sessions last week, the Mayor and City Council discussed having Ocean City follow some of its competitor resorts and officially institute a smoke-free beach.

“With the council members that were there, I think the support is there to move forward with some type of plan to be proactive in this [smoke-free beach],” Ashley said at the conclusion of Monday evening’s Mayor and City Council legislative meeting. “All of our neighbors have done this. The State of New Jersey is looking at making all of their beaches and parks smoke-free.”

Ashley recognized there are newspaper articles dating back to 1994 when local businessman Joe Kroart first introduced the opportunity for Ocean City to become the nation’s first smoke-free beach.

“Since then, hundreds of other beaches have done it ahead of us, so I would hope the council would take a pro-active approach this time,” Ashley said.

City Manager David Recor confirmed the matter is scheduled for a meeting in April when the Mayor and City Council will discuss “best practices for both the Boardwalk and the beach”, including a smoke-free beach.

Councilwoman Margaret Pillas asked for the council to consider posing the question of whether the taxpayers want smoke-free beaches by referendum in November’s election. Recor responded a referendum will also be part of the upcoming discussion.

A couple of weeks ago, the City of Rehoboth Beach passed a smoking ban in certain public places, such as the beach, Boardwalk and bandstand that will take effect on May 15.

Rehoboth Beach follows in the footsteps of Ocean City’s more immediate neighbors to the north in Delaware of Fenwick Island, Bethany Beach and Dewey Beach, who all have smoking bans in effect.

Last week The Baltimore Sun editorialized, “The question is no longer whether tourist attractions are in danger of losing business if they ban smoking but whether they are in danger of losing attendance if they don’t.”

More specifically, The Baltimore Sun opinion piece focused on Ocean City stating, “Yet Ocean City remains badly behind the times. The town council has repeatedly considered similar far-reaching outdoor smoking bans in recent years but failed to adopt them. Ocean City does ban smoking in parks but asks visitors only to be courteous about smoking on the beach … That’s unfortunate because it’s contributed to an impression that Ocean City is not the family-friendly resort it claims to be but one that caters to smokers.”

A smoke-free beach in Ocean City was last formally discussed among city officials in July of 2012 when the Mayor and City Council was in consensus to implement smoke-free areas on the beach by the following summer but the topic never returned for further public discussion.

A public hearing was held in December of 2010 regarding a smoking ban on Ocean City’s beaches, Boardwalk and at public parks.

A handful of speakers spoke for and against the question, but the council at that time decided to place cigarette butt cans and signage along the beach and the Boardwalk, providing smokers with smoking stations.

A law was not passed mandating smoking at designated smoking stations but served as a request for smokers to use the stations. However, the council did vote to ban smoking in Ocean City’s public parks.

“Several weeks ago, I brought up enforcing the litter law with people flicking their cigarette butts out of the car window,” Ashley added on Monday evening. “Apparently, I hit a nerve with a lot of people in town and have had many comments on that. I understand the newly formed Ocean City Surf Club is going to be backing that initiative to encourage the police department to start issuing warnings and fines to people who are flicking butts out the car windows.”

In January, Ashley asked the Police Commission to discuss having the penalty for flicking cigarettes out of car windows become heftier in Ocean City after coming across news out of Illinois.

A new law in Illinois that went into effect on Jan. 1 requires a first-time offender who flicks a cigarette out of a window receive a class B misdemeanor with fines up to $1,500. If caught three times, an offender would face a class 4 felony, with a $2,500 fine and up to three years in prison.

During a Police Commission report in February, Ocean City Police Chief Ross Buzzuro stated the department is looking into two areas of Ocean City’s code where flicking cigarettes can be incorporated, littering and discarding objects from a motor vehicle.

“Whether it is someone walking down the street disposing of trash, or from a car, it is something we can certainly take a look at and start to enforce,” Buzzuro said at that time. “We want to reinforce the cleanliness and respect of our town. As we approach the beginning of the season, it is something that we can certainly address.”

‘No Profanity Please’ Signs Unveiled; Council Approves Placement Along Boardwalk

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OCEAN CITY – “No Profanity Please” signs will be posted on each block of the Boardwalk this summer in an effort to serve as a reminder that Ocean City strives to be a family-friendly resort.

Earlier this month, after several months of deliberation, the Police Commission voted unanimously to recommend the Mayor and City Council approve the installation of “No Profanity Please” signs along the Boardwalk at street ends.

On Monday evening, the recommendation came before the council.

“You all recall earlier this year Council Secretary [Mary] Knight received a suggestion by her constituents after visiting Virginia Beach that Ocean City move forward with “No Profanity” signs on the Boardwalk. The Mayor and City Council referred that matter for further discussion to the Police Commission. The police department and Lt. Scott Harner drafted several iterations of the graphic to make the signs family-friendly for Ocean City,” City Manager David Recor said.

Recor presented to the council on Monday the graphic, which will also be made available to the public on the town’s website to allow businesses an opportunity to use as well. The signs have been produced by Ocean City’s own Public Works Department, which recently invested in a sign machine. The signs are available in 12-by-18-inch and 24-by-18-inch dimensions

Councilman Brent Ashley pointed out the Virginia Beach Hotel-Motel Association also posts a “Rules of Common Decency” on its website, Dewey Beach, Del. just recently more than doubled their fines for public urination, and Wildwood, NJ. last year enacted an ordinance against “saggy pants” being worn on its Boardwalk.

“I think it’s fair to say that our competitors are dealing with similar decency behavior situations and are taking steps to protect their family-friendly images, and so are we. Although this is not an ordinance but rather a suggestion, it’s the right thing to do and sends the right message. We respect each visitor that comes to our town and we are just asking that they do the same Now, if we could just add ‘no saggy pants’ to the sign we might have something but that is not going to happen tonight,” said Ashley, who has been an advocate for allowing police to fine individuals for “saggy pants” on the Boardwalk.

The council voted 6-0 with Council President Lloyd Martin absent to approve the motion.

“This is showing how commissions work. This idea was brought to me by two hoteliers, and I brought it to the Police Commission. The research was done, and it was determined it was not going to be anything finable. It is just a general reminder. The whole idea is it shows Ocean City cares … families will see it, and people will remember when they see it that maybe they shouldn’t use the kind of colorful language that some folks use,” Knight said.

The concept was first brought before the Police Commission in January. At that time, Police Commission Chair and Councilman Doug Cymek recognized the public is entitled to the First Amendment and the signage should not enforce a fine or an arrest. He recommended adding “Please” to the sign to help differentiate between asking for no profanity versus implementing a law. Both Police Chief Ross Buzzuro and City Solicitor Guy Ayres agreed.

In February, Harner returned to the commission with a preliminary design of a “No Profanity Please” sign, which differentiates between a friendly suggestion versus a crime.

Unlike Ocean City, Virginia Beach has a law in place that states, “If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such other person concerning himself or any of his relations, or otherwise use such language under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor”, which is a fine up to $500.




Dew Tour Seeks June 26-29 Dates; Monday’s Official Request Postponed Due To Weather

Photo by Shawn Soper

OCEAN CITY – The Dew Tour is proposed to hit Ocean City the last weekend in June this summer, but its official date approval was postponed this week due to snow.

The date approval was slated to come before the Mayor and Council at its Monday legislative session, which had to be cancelled as a result of the winter storm.

The private event approval request was to be presented to the Mayor and City Council by Chris Prybylo of Alli Sports, which is a division of NBC Sports Group, who was to request Thursday-Sunday, June 26-29, for Dew Tour to take place in Ocean City in 2014.

The Dew Tour is an extreme sports event that last year consisted of three marquee events in distinct beach, city and mountain locales, featuring summer sports of skateboarding and BMX, with additional competitions of surf and freestyle motocross, as well as snowboard and freeskiing featured at the winter event.

The Dew Tour events are premium action sports and lifestyle festivals combining the best in action sports competitions along with the Dew Tour Experience and live music performances.

The Dew Tour is broadcast live on NBC and NBC Sports Network and streamed live on dewtour.com. The Dew Tour is also distributed on Universal HD, and internationally on Eurosport, Extreme Channel, Rogers Sports Network, TVA and Globosat.

This will be the fourth year the Dew Tour will hold its beach event in Ocean City. In past years, Ocean City has been the tour’s first stop.

Depending on when Dew Tour officials can reschedule to come before the council, discussion over the proposed dates will take place, which could be as soon as the next Mayor and City Council meeting scheduled for Tuesday at 1 p.m.

Dew Tour representatives confirmed this week final dates on when the big event will hit Ocean City this summer have not yet been finalized but announcements, such as the dates and other facts on what the event will entail this year will be made in the weeks to follow.

The Town of Ocean City and Alli staff will start event planning in early April, including the impact to the town and the expectations of both the town and Alli Sports. A draft Memorandum of Understanding (MOU) will then be created distinguishing responsibilities of both parties.

This year’s application includes a cost to the city of about $45,000, which has diminished over the years. In 2012, the cost to the town was about $97,000. However, the Dew Tour returns the favor by resulting in positive economic impact from lodging, food beverage, recreation and other incidental expenditures related to the event. Dew Tour in Ocean City breaks record attendance numbers every year in the amount of visitors the event draws to the resort.

The dates to hold Dew Tour 2104 was proposed as early as last June during a Tourism Commission meeting while the event was preparing to take place last summer.

Prybylo proposed for Dew Tour 2014 in Ocean City to occur Thursday-Sunday, June 26-29. However, with the breakdown of the Dew Tour usually taking about a week, staff was concerned over the interference with the 4th of July Fireworks downtown.

The commission was in consensus to further investigate, along with the Fire Marshal’s office and Dew Tour officials, on the time frame and if the Dew Tour site will infringe on the safety regulations associated with the fireworks before moving forward in accepting the proposed dates. When the Dew Tour took place last summer, June 20-23, it had almost two weeks to break down before the 4th of July fireworks.

Harrier Added To June’s Air Show Performer List

Photo by Chris Parypa

OCEAN CITY – The Ocean City Air Show announced this week it will be one of only six events in the nation that will feature a demonstration by the U.S. Marine Corps AV-8B Harrier during this summer’s event.

The Harrier is one of the most sought after military aircraft demonstrations because of its unique ability to hover and perform a vertical take-off and landing. A Harrier demo at an oceanfront venue is dramatic because of the spray it creates when it descends vertically to hover just a few hundred feet above the surface of the water.

The 7th Annual OC Air Show to take place June 14-15 will be the only air show of the year in the mid-Atlantic region to feature a Harrier demo. The U.S. Marine Corps is the third branch of the U.S. military to announce support for the OC Air Show. The U.S. Army Silver Wings Parachute Team will also perform and the U.S. Air Force Thunderbirds will headline the event.

“We’re honored the U.S. Marine Corps have selected the OC Air Show to demonstrate the Harrier,” Bryan Lilley, president of the OC Air Show, said. “We are fortunate to have such great support from multiple branches of the military in such challenging times.”

The Ocean City Air Show announced in December the U.S. Air Force Thunderbirds jet team will be returning to headline the event this summer.

The Thunderbirds last performed at the OC Air Show in 2012. The Thunderbirds were grounded all of last year until the Pentagon announced late last year it was reinstating the Thunderbirds, the U.S. Navy Blue Angels and other military demonstration units following the one-year hiatus.

The OC Air Show in June will mark the Thunderbirds’ only performance in the mid-Atlantic region in 2014.
“We’re glad to be back,” said Thunderbirds Commander and lead pilot Lt. Col. Greg Moseley at that time. “Right now, we’re focused on training. While we’re excited to know we’ll be able to tell the Air Force story on the road, we’re completely focused on ensuring we have a safe show season.”
The Blue Angels confirmed an Ocean City Air Show stop on its schedule for 2015. The Blue Angels plan their air show stops and other appearances in a two-year cycle and the last cycle was completed in 2012, meaning their plans for 2013 and 2014 were already in the books. The Blue Angels were set to appear last June in Ocean City before the federal government cancelled the season.
The Harrier and Thunderbirds will headline a full line-up of some of the nation’s top military and civilian performers at the Ocean City Air Show in June, according to Lilley.

“The OC Air Show keeps getting bigger and better thanks to the support of the Town of Ocean City and the hundreds of thousands of spectators who come out to make it a success some from as far away as New York, Ohio and the Carolinas,’ Lilley said.

Study Reveals OC Skate Park Usage In Advance Of Budget Talks; An Average Of 31 Skaters Per Day Reported In OC

Located at 3rd Street and St. Louis Avenue, the Ocean Bowl Skate Park was used by 10,329 people in 2013. File Photo

OCEAN CITY – A preliminary meeting with the newly formed Skate Park Committee this week revealed usage data at the Ocean Bowl Skate Park in advance of this spring’s budget discussions.

“Last year, the council looked at possibly closing the skate park during the week as a cost reduction for budgetary concerns. It was met with stiff opposition so we backed off and decided to study it, and put together a group to look at it further, and really look at the numbers, drill down what we can do and can’t do with the public’s input,” Commission Chair Councilman Joe Mitrecic said.

During a budget wrap-up session in April last year, the Mayor and City Council voted to have Ocean Bowl Skate Park operate through the summer during its normal hours, which is open seven days a week during daylight. The changes proposed were to begin the Tuesday after Labor Day weekend when it would continue to be open on weekends, holidays and all Worcester County school days off only, but shut down during the months of January and February during the week. The reduction in hours would have saved the town approximately $21,000.

The council’s consideration sparked a petition online in support of keeping the park open during its normal hours in the off-season. Also, during a Mayor and City Council meeting on May 6, many skate park advocates turned out to voice their support to keeping the park open without changes. By the end of that meeting, the council voted to form a skate park committee of stakeholders and members of the local skateboard community along with town officials to come up with some sort of compromise, but the skate park’s reduction in hours remained in the proposed budget.

Later that month Ocean Bowl advocates returned to Council Chambers to persuade the council to fund the skate park as usual in 2013. The council voted to appropriate $21,000 in the new budget to have the Ocean Bowl operate its normal hours during the off-season and continue with the formation of a skate park committee to conduct a study.

On Tuesday, the Recreation and Parks Commission met with the Skate Park Commission to review data that has been collected throughout the last year.

In summary, Recreation and Parks Assistant Director Susan Petito presented the Ocean Bowl Skate Park was open a total of 323 days during 2013.

In January, February, and March, the park is open from 9:30 a.m. to dark, which has been around 5:30 or 6 p.m., on the weekends and days off of school, and the park is open from 2 p.m., to prepare for when school lets out around 3 p.m., to dark on weekdays. However, the park is closed on Wednesdays.

In April, the park is open from 9:30 a.m. to dark on the weekends and days off of school and open at 2 p.m. until dark on the weekdays but is open on Wednesdays.

In May, the park is open at 9:30 a.m. until dark on the weekends and days off school and open at 11:30 a.m. until dark on the weekdays.

In June, July and August, the park opens at 9:30 a.m. until dark daily, and in September and October returns to opening at 9:30 a.m. until dark on the weekends and days off school, and opens at 11:30 a.m. until dark on the weekdays.

In November and December, the park was open at 9:30 a.m. until dark on the weekdays and days off school and opened at 2 p.m. until dark on weekdays, and returns to being closed on Wednesdays.

According to the report, there were 10,329 visits to the Ocean Bowl in 2013, showing daily attendance averaging nearly 31 skaters per day.

The skate operation brought in a total of $55,194 in revenue made up from pass visits, pad rentals, product sales and numerous camps and programs.  Additionally, the park received a donation of $1,000 from the Elks Lodge to help show support for its continued operation.

Total staff hours equaled 5,361 for a wage expense of $64,576.  Petito noted that staff members are not only responsible for the supervision of the skate park, but they also teach lessons, support scheduled programs and competitions, and support and protect the entire two-block area that encompasses the Downtown Recreation Complex.

The report furthered, per Councilman Dennis Dare’s request, the staff members at the Ocean Bowl have begun to track the departure time of each participating skater so that an estimate of skater hours spent in the park may be determined on a daily basis.

From Thursday, Jan. 16, through Sunday, Feb. 9, the park has been open 17 days, 16 for which skater time in the park was collected.  During those 16 dates, 227 skaters were in the park for a total of 639.5 hours, showing that skaters stay in the park an average of a little over two and half hours per day during the cold weather months.

“Since last year, the skate park has saved about $20,000. Dave [Messick, Ocean Bowl Manager] has done a really great job in tightening up his staffing,” Petito said.

In 2012, the Ocean Bowl cost $95,000 while in 2013 it cost $75,000 to operate.

“We are really trying to squeeze and tighten it up down there, while also keeping a good staff that is going to be there 12 months because we have a lot of shoulder programs, camps and lessons, that aren’t just in the summer, and I need a group of guys that want to be there and also look out for the budget. It’s tough,” Messick said.

The commission will review additional data collected from the most recent months at the next meeting in March, including the number of skate park users during the week versus the weekend, and the Skate Park Committee will reconvene in April prior to prepare for budget discussions.

Anne Cook, whose family uses the skate park on a regular basis, asked what the commission was looking for in moving forward that will make a difference.

“Just have the same attendance during the day on weekdays that you do on weekends to show it is being used,” Dare said. “I just don’t know if the taxpayers can afford to have a facility open for one person or five people to show up on any given day.”