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Coastal Cottage, Performers’ Alley Proposals Tabled by Governing Body

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By Camille Sailer

OCEAN CITY – Ocean City’s City Council met March 24. During public comment, which started the meeting, one resident complained that city administration and council are not communicating effectively with residents. He cited an example of not being notified when paving was going on and he was blocked into his driveway.
Another resident, representing the Ocean City Flooding Association, presented Mayor Jay Gillian and council a petition with 273 signatures calling for a comprehensive plan to address the city’s flooding issues with full cost estimates for adequate remediation and planning.
The petition also called for Ocean City to work with other shore municipalities to get county and state officials to do more in getting federal aid for the resort. 
The major portion of the comment period was taken up by a series of speakers calling for disapproval of an ordinance which addressed “street performers” on the Boardwalk.
At an earlier meeting, council approved on first reading designation of an area at Fifth and Sixth streets on the Boardwalk for “street performers” to create a “performers’ alley.” 
Council member Peter Guinosso was the sole dissenting vote on first reading saying citizens’ First Amendment rights were not being protected.
Under provisions of the ordinance, all who wanted to use that area would be required to pay a $50 annual license fee and take space on a first-come, first-served basis. The ordinance was on the agenda for public comment and second reading for ultimate approval at this meeting.
Citizens speaking against enactment of the ordinance ranged from very young students to parents.
“It is wrong to ban street performing on the Boardwalk except in that one small designated section. You didn’t ask for any input from us. This has been a positive experience for my friends and me ever since we’ve been playing on the Boardwalk. We know that the families and kids who come to the Boardwalk in the summer really enjoy all the performances, it’s fun and creating nice memories for the visitors,” said one Ocean City freshman.
“My children have learned life lessons by playing the guitar on the Boardwalk. It’s made them better musicians; they’ve learned to interact with the visitors and learned public speaking. There always is at least one parent with the kids and we also believe this is a freedom of speech issue,” said a parent and property owner. Several of those commenting said that the $50 annual licensing fee was excessive and unfair. 
A representative of the Boardwalk Merchants Association spoke in favor of passage of the ordinance, noting “I have sympathy with what is being said but how do you find balance and regulate what is happening on the Boardwalk? The solution is this ordinance so that everyone’s interests are accommodated.”
At the end of the public comment section of the meeting, Council chairperson Keith Hartzell turned to city administration for its report.
Gillian said, “I want to make it clear that I did not want to give the impression or imply that all performers on the Boardwalk are making $1,000 a night (as Gillian stated at an earlier meeting). That is one example of a professional who comes from Atlantic City and makes that kind of money.
“What I have heard just now makes me realize that this ordinance is not supporting our kids, and as everyone knows, I am all about the kids. I realize the Boardwalk merchants want something done but as mayor I am shelving this ordinance until we get more input. So I am withdrawing for consideration our recommendation to pass this ordinance. I will be calling a meeting with representatives of the performers, the Boardwalk merchants and the police chief so that we can work out something better,” said the mayor.
After Gillian’s spontaneous decision, Business Administrator James Mallon said that he also wanted to table another controversial ordinance. That ordinance was written to revoke the concept of “Coastal Cottages,” a development idea designed to provide more affordable housing in Ocean City at about the $550,000 price point for a single-family home. That ordinance was also on the agenda for public comment and second reading.
“After looking at the rules, we are supposed to give all residents within 200 feet of these Coastal Cottages notice of any change. It’s kind of a grey area but to be on the safe side we are withdrawing consideration until we have the time to make such notification. It’s a very large list and we want to make sure all who should have proper notification,” said Mallon.
Girls’ Varsity Swim Team Recognized
Gillian presented a proclamation to Ocean City High School Girls’ Varsity Swim Team “for their successful season” which included a dramatic come-from-behind effort to win the N.J. State Championship.
To contact Camille Sailer, email csailer@cmcherald.com.

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