November 5 2012 Complete Agenda

AGENDA MAYOR AND CITY COUNCIL REGULAR SESSION MONDAY, NOVEMBER 5, 2012 5:00 P.M.
Closed Session Monday, November 5, 2012 5:00 p.m. 6:00 p.m. Legal and Personnel Matters
1. CALL TO ORDER 2. REPORT ON CLOSED SESSION Legal and Personnel Matters 3. PRAYER AND PLEDGE 4. CALL FOR BIDS Bid Opening Caroline Street Comfort Station and Stage 5. REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION 6. APPROVAL OF MINUTES 7. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL 8. PRIVATE EVENT PERMIT REQUESTS 9. PUBLIC HEARINGS 10. UNFINISHED BUSINESS 11. NEW BUSINESS Request to Consider Amendments to Town Code Chapter 30 Entitled Environment, Article V. Noise Presented by: Brett Wolf, Noise Control Board Chairman 12. REPORTS AND RECOMMENDATIONS FROM THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 13. APPOINTMENTS TO BOARDS, COMMISSIONS AND OTHER CITY ORGANIZATIONS 14. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR
15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND DEPARTMENT HEADS A. Request to Sole Source Purchase Actuarial Services for Risk Department Report Presented by: Eric Lagstrom, Risk Manager B. Discussion of Baltimore Avenue Banner Installations Presented by: Hal Adkins, Public Works Director C. Request Funding Allocation to Purchase a Boom Mower Tractor Attachment Presented by: Hal Adkins, Public Works Director D. Request Funding Allocation and Contract Award for District Court Roof Renovations Presented by: Hal Adkins, Public Works Director E. Request Local Match Funding for a Variable Message Sign Presented by: Hal Adkins, Public Works Director F. Request for 5-Year Extension of the Ayres Creek Kayak Launch Memorandum of Understanding between the Mayor and City Council and Maryland Coastal Bays Presented by: Hal Adkins, Public Works Director G. Request to Extend the Direct Media Transit Advertising Contract Presented by: Hal Adkins, Public Works Director H. Request Approval of Taxi Medallion Transfers Presented by: Kelly Allmond, City Clerk I. Request Approval of the 2013 Regular and Work Session Meeting Dates Presented by: David Recor, City Manager 16. COMMENTS FROM CITIZENS 5 MINUTE TIME LIMIT 17. COMMENTS FROM CITY MANAGER 18. COMMENTS FROM THE MAYOR AND CITY COUNCIL
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 2 Report on Closed Session Legal and Personnel Matters
NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY Monday, November 5, 2012 5:00 p.m. City Hall Legal and Personnel Matters UNANIMOUS OTHER: FOR: AGAINST: ABSTAIN: ABSENT: from vote only: AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES: 1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or (ii) any other personnel matter that affects one or more specific individuals; 2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business 3. To consider the acquisition of real property for the public purpose and matters directly related thereto; 4. Consider a matter that concerns the proposal for a business or industrial organization to locate, expand or locate in the state; 5. Consider the investment of public funds; 6. Consider the marketing of public securities; 7. Consult with counsel to obtain legal advice; 8. Consult with staff, consultants or other individuals about pending or potential litigations; 9. Conduct collective bargaining negotiations or consider matters that relate to the negotiations; 10. Discuss public security if the public body determines that public discussion would constitute a risk to the public or public security, including; a) the deployment of fire and police services and staff; and b) the development and implementation of emergency plans 11. Prepare, administer or grade a scholastic, licensing or qualifying examination; 12. Conduct or discuss an investigative proceeding on actual or possible criminal conduct; 13. Comply with a specific constitutional, statutory or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or 14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process DATE AND TIME: PLACE: SUBJECT: VOTE:
REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY
Prior to this regular session of the Mayor and City Council being held on Monday, November 5, 2012, a closed session was held on Monday, November 5, 2012 at 5:00 p.m. The following is a report of the closed session. 1. A statement of the time, place, and purpose of the closed session is attached. 2. A record of the vote of each member as to closing the session is attached. 3. A citation of the authority under the law for closing the session is attached. 4. (a) Topics of Discussion: Legal and Personnel Matters (b) Persons present: Mayor Richard Meehan City Manager David Recor Council President Jim Hall Council Secretary Lloyd Martin Council Members Doug Cymek; Joe Hall, Mary Knight, Margaret Pillas and Brent Ashley City Solicitor Guy Ayres Executive Office Associate Diana Chavis
Action(s) taken: Motion to close meeting:
H:\Wpdoc\closedsess.wpd
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 4 CALL FOR BIDS Caroline Street Comfort Station and Stage
BID SPREAD SHEET
ITEM:
CAROLINE STREET COMFORT STATION
Bidders Black Diamond Ocean City, MD Commercial Solutions Silver Spring, MD Evans Builders Salisbury, MD Gillis Gilkerson Salisbury, MD Harkins Contracting Salisbury, MD Mitrecic & Sons Ocean City, MD Nason Construction Salisbury, MD RBCI Easton, MD Royal Plus Ocean City, MD Sens Inc. Berlin, MD
Total Bid
BID BOND: YES X NO STAFF ESTIMATE: BUDGET ALLOCATION:
$950,000 $1,000,000
INFORMATION FOR BIDDERS

BIDS will be received by THE TOWN OF OCEAN CITY (herein called the 'TOWN'), at the office of the City Manager, City Hall, 3rd Street & Baltimore Avenue, Ocean City, Maryland until October 30, 2012 - 11:00 AM then opened and read aloud at the Council meeting held at 1:00 PM. Each BID must be submitted in a sealed envelope, addressed to the Mayor & City Council at the Town of Ocean City, Maryland. Each sealed envelope containing a BID must be plainly marked on the outside as bid for the Caroline Street Station Building Construction Contract and the envelope should bear on the outside the name of the BIDDER, his address, and his license number. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the Town of Ocean City, City Manager's Office, 301 Baltimore Ave, Ocean City, Maryland 21842. Faxed bids will not be accepted. All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. The TOWN may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by the TOWN. BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID schedule by examination of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done. The TOWN shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired. The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the TOWN or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract.
Each BID must be accompanied by a BID BOND payable to the TOWN for five (5) percent of the total amount of the BID. As soon as the BID prices have been compared, the TOWN will return the BONDS of all except the three (3) lowest responsible BIDDERS. When the agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be retained until the payment BOND and performance BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND. A performance BOND and a payment BOND, each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the TOWN, will be required for the faithful performance of the contract. Attorneys-in-fact who sign BID BONDS or payment BONDS and performance BONDS must file with each BOND a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance BOND and payment BOND within fourteen (14) calendar days from the date when NOTICE OF AWARD is mailed to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDER to execute the Agreement, the TOWN may at it's option consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the TOWN. The TOWN within ten (10) days of receipt of acceptable performance BOND, payment BOND and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the TOWN not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the TOWN. The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the TOWN. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the TOWN and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The TOWN may make such investigations as it deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the TOWN all such information and data for this purpose as the TOWN may request. Bids from Contractors debarred from doing business with the State of Maryland or the Federal Government will not be accepted. The TOWN reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the TOWN that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein. A conditional or qualified BID will not be accepted.
Award will be made to the lowest responsible BIDDER. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID. The low BIDDER shall supply the names and addresses of major material suppliers and subcontractors when requested to do so by the TOWN. A pre-bid meeting for prospective BIDDERS will be held at the City Hall Community Room 301 Baltimore Ave, Ocean City, MD on October 16, 2012 1:00 PM for any questions concerning the bids. The phone number is (410)289-8796, fax (410)289-8703.
BID
Proposal of _____________________________________(herein called 'BIDDER'), organized and existing under the laws of this State of Maryland doing business as a/an ____________________________*. To the TOWN OF OCEAN CITY, OCEAN CITY, MARYLAND (herein called the 'TOWN'). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of the CAROLINE STREET STATION in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within TWO HUNDRED (200) consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of ONE THOUSAND DOLLARS ($1,000) for each consecutive calendar day thereafter as provided in Section 15 of General Conditions. BIDDER acknowledges receipt of the following ADDENDUM: ____________________________________________________________ ____________________________________________________________
*Insert a 'corporation', a 'partnership', or an 'individual' as applicable.
Bidder agrees to perform all the work described in the CONTRACT DOCUMENTS as follows:
BID SCHEDULE
NOTE: BIDS shall include all applicable fees.
TOTAL BID.....................................................................................................$________________
____________________________________________________________________DOLLARS
Respectfully submitted,
__________________________________ Signature
_________________________________ _________________________________ Address
__________________________ Title
________ Date
_________________________________ License Number (Seal-if BID is by a corporation) Attest
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 5 REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 11 NEW BUSINESS Request to Consider Amendments to Town Code Chapter 30 Entitled Environment, Article V. Noise Presented by: Brett Wolf, Noise Control Board Chairman
TOWN OF
The White Marlin Capital of the World

Agenda Item # 11 Council Meeting November 5, 2012
TO: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Town Code Chapter 30, Entitled Environment, Article V. Noise October 23, 2012 Consideration of several amendments to Town Code Chapter 30, Entitled Environment, Article V. Noise. The Noise Control Board Chairman will present a number of recommendations to change the current code in relation to Article V. Noise as follows: 1) 30-402 to deny issuance of a noise permit if emergency contact information is not provided; 2) 30-383 to increase the municipal infraction fine to $1,000; 3) 30-383 to require a Noise Board hearing after two or more incidences and to consider it a municipal infraction if the property owner does not appear for the hearing, punishable by a fine of $1,000 and; 4) 30-383 to allow a fine of $2,500 for three or more incidences in lieu of a formal hearing.
ISSUE(S):
SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
Not specified Refer to staff and/or City Solicitor Do not change current Town Code. Finance Department Police Department Brett Wolf, Noise Control Board Chairman 1) Information prepared by Brett Wolf, Chairman of the Noise Control Board 2) Town Code Chapter 30, Article V., Division 7 Residences Providing Shelter to Transient or Temporary Population
Subdivision I. - In General
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Ocean City, Maryland, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 30 ENVIRONMENT >> ARTICLE V. - NOISE >> DIVISION 7. - RESIDENCES PROVIDING SHELTER TO TRANSIENT OR TEMPORARY POPULATION >> Subdivision I. - In General >>
Sec. 30-381. - Legislative findings. Sec. 30-382. - Violations punishable as misdemeanor. Sec. 30-383. - Violations punishable as municipal infraction. Sec. 30-384. - Applicability. Sec. 30-385. - Maximum noise levels; responsibilities of property owner; procedure upon determination of excessive noise level. Sec. 30-386. - Notification to owners and tenants of noise level standards. Secs. 30-38730-400. - Reserved.
Sec. 30-381. - Legislative findings.

(a) Acting pursuant to the powers granted in article XI-E of the Constitution of Maryland, Ann. Code of Md. art. 23A, 2, and sections C-414 and C-1403 of the Charter (1972 edition, as amended), the Mayor and City Council of Ocean City (Ocean City) has determined to regulate and control excessive noise within the corporate limits of Ocean City by establishing a permit procedure to ensure that owners of real property situated within the corporate limits of Ocean City and used to provide temporary shelter to Ocean City's transient and temporary population exercise due diligence in controlling noise on or emanating from their property and, in support thereof, adopts by reference the legislative findings and declarations of the general assembly of Maryland as set forth in Ann. Code of Md., Environment article, 3-102, and makes additional legislative findings as follows: (1) The health, comfort and well-being of the citizens of Ocean City have been severely and adversely affected for a substantial period of time by excessive noise within the corporate limits of Ocean City. The primary cause of this excessive noise is the transient population and temporary residents of Ocean City. Each owner of real property situated within the corporate limits of Ocean City and used to provide shelter on a temporary basis to this transient and temporary population has the obligation to control noise on or emanating from that property so that the community will not be injured by the use of that property.
(2) (3)
(4)
(b)
Any owner who is unwilling or unable to meet this obligation to control noise on or emanating from his property will hereafter not be permitted to use that property to provide shelter on a temporary basis to the transient and temporary population. It is hereby declared that the provisions of this division constitute a reasonable, necessary and lawful means of eliminating the public nuisance described in subsection (a) of this section.
(Code 1972, 67-26)
Sec. 30-382. - Violations punishable as misdemeanor.

Any violation of section 30-386 of this division shall be punishable as a misdemeanor.
http://library.municode.com/HTML/12833/level5/PTIICOOR_CH30EN_ARTVNO_DIV... 10/25/2012
Page 2 of 4
(Code 1972, 67-35)
Sec. 30-383. - Violations punishable as municipal infraction.

It shall be a municipal infraction for the owner of any property for which there must be a permit pursuant to section 30-401 of this division to fail to exercise due diligence, within the meaning of section 30-403, in controlling noise on or emanating from his property, which infraction shall be punishable by a fine not exceeding $400.00. If the board adjudges that the owner of any such property has failed to exercise due diligence, the board may, in addition to any actions it may take under section 30-403, serve, in any manner permitted by the Maryland rules for service of original process, a citation to the owner, citing the facts supporting the board's conclusion. The board shall retain a copy of the citation, which shall contain: the certification of the chairman of the board, attesting to the truth of the matters set forth in the citation; the name and address of the person charged; the nature of the infraction; the location and time(s) of the event(s) that constituted the infraction; the amount of the infraction fine assessed; the manner, location and time in which the fine may be paid to Ocean City; the person's right to elect to stand trial for the infraction; and the effect of failing to pay the assessed fine or demand a trial within the prescribed time. The fine adjudged by the board is payable by the recipient of the citation of Ocean City within 20 calendar days of receipt of the citation. A person receiving the citation may elect to stand trial for the offense by notifying Ocean City of his intention of standing trial. The notice shall be given at least five days prior to the date of payment of as set forth in the citation. Upon receipt of the notice of the intention to stand trial, Ocean City shall forward to the district court having venue a copy of the citation and the notice from the person who received the citation indicating his intention to stand trial. Upon receipt of the citation, the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties or forfeitures collected by the district court for violations of municipal infractions shall be remitted to the Ocean City government.
(Code 1972, 67-30.1) State law reference Penalties for ordinance violations, Ann. Code of Md. art. 23A, 3.
Sec. 30-384. - Applicability.

The provisions of this division shall apply to any person who owns either a fee simple interest or a leasehold interest redeemable pursuant to the provisions of Ann. Code of Md., Real Property article, 8-110, in real property situated within the corporate limits of Ocean City, provided that such real property is used for the purpose of providing shelter on a temporary basis. Without in any manner limiting the generality of the foregoing, the provisions of this division shall apply to any person who owns such a fee simple or leasehold interest (herein referred to as the "owner") in any hotel, motel, motor hotel, apartment house, roominghouse, boardinghouse or like facility to the extent that such facility is used to provide shelter on a temporary basis. For purposes of this division, "person" shall include any individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest or any other legal or commercial entity, and "real property" shall be deemed to be used for the purpose of providing shelter on a temporary basis if there exists with respect to such property any lease, contract, agreement or understanding, written or oral, that gives an individual or group of individuals the right or privilege to occupy the property, for any period between May 1 and September 30 of any given year, for the purpose of using the property as a temporary residence, dwelling, refuge or shelter, but not the entire period from May 1 to September 30 of the following year.
(Code 1972, 67-27)
Page 3 of 4
Sec. 30-385. - Maximum noise levels; responsibilities of property owner; procedure upon determination of excessive noise level.
(a) The maximum allowable noise levels established by regulation of the department of health and mental hygiene of the State of Maryland (the department) as set forth in COMAR 10.20.01 or other noise ordinances set forth in this chapter are hereby adopted as the noise limitations applicable for purposes of this division. Each person to whom this division applies shall exercise due diligence to ensure that these noise levels are not exceeded with respect to any property in which the person owns a fee simple interest or a leasehold interest as described in section 30-384 of this division. Whenever it is determined by a police officer or an official of Ocean City certified by the board to make such determinations that noise on or emanating from any real property situated within the corporate limits of Ocean City exceeds the limitations established in subsection (a) of this section and that such property is subject to the permit requirement established by section 30-401 of this division, the owner or his resident agent (by personal service or by filing in the office of the City Clerk and certified mailing, as the case may be) shall be notified as soon as may be practical, and a report shall be filed with the board indicating the noise level measured or heard, the date and time of measurement or hearing and the names and addresses, if ascertainable of those present on the property at the time the noise level was measured or heard and determined to be excessive; certifying that the owner or his resident agent was notified, together with the date and time of notification; and describing the action, if any, taken by the owner or resident agent to control the noise. Such report shall be signed by the official who made the determination that the applicable noise limitations had been exceeded, maintained as part of the permanent records of the board and made available during regular business hours for public inspection. A copy of such report shall be delivered or sent by certified mail to the owner or his resident agent, and the owner shall have the right to file, within 30 days, a written response to the board, which response shall be maintained as the permanent records of the board. Any determination under this subsection that the noise limitations established by subsection (a) of this section have been exceeded shall be based exclusively on measurements made by an official employee or agent of Ocean City in accordance with the procedures established by the department in COMAR 10.20.01, or by hearing same by an Ocean City police officer.
(b)
(Code 1972, 67-33; Ord. No. 2008-5, 3-3-2008)
Sec. 30-386. - Notification to owners and tenants of noise level standards.

Notice of the provisions of this division shall be given in the following manner: (1) Commencing May 4, 1982, all real estate sales contracts applying to property situated within the corporate limits of Ocean City shall contain the following provision: "All persons who own property in Ocean City, if such property is used to provide houses, apartments or rooms to tenants or guests for periods of one year or less, must obtain a permit from the Noise Control Board. Failure to take prompt action to control excessive noise caused by tenants or guests may result in permit denial." Commencing April 1, 2008, all written leases, contracts, and agreements that give individuals or groups of individuals the right or privilege to occupy real property for a period of one year or less for the purpose of using such property as a temporary residence, dwelling, refuge or shelter shall contain the following provisions: "Ocean City has adopted a noise control ordinance that makes it unlawful to cause or permit noise levels which exceed those established by the department of health and mental
(2)
Page 4 of 4
hygiene of the State of Maryland (COMAR 10.20.01) or other noise ordinances set forth in this chapter. It shall be a violation of this agreement and grounds for eviction under Maryland law if these noise levels are exceeded as a result of activity on this property. Ocean City has other noise ordinances, which are criminal offenses if violated." (3) Commencing April 1, 2008, all hotels, motels, motor hotels and other facilities that let room by the day shall advise their guests in writing prior to registration that: a. Ocean City has adopted a noise control ordinance that makes it unlawful to cause or permit noise levels which exceed those established by the department of health and mental hygiene of the State of Maryland (COMAR 10.20.01), or other noise ordinances set forth in this chapter. b. Any guest causing or permitting these noise levels to be exceeded shall be subject to immediate removal or eviction, pursuant to Maryland law. Commencing April 1, 2008, all real estate agents shall advise prospective lessees of short term rental property in writing that Ocean City has adopted a noise control ordinance that makes it unlawful to cause or permit noise levels which exceed those established by the department of health and mental hygiene of the State of Maryland (COMAR 10.20.01) or other noise ordinances set forth in this chapter, and that it shall be a violation of this agreement and grounds for eviction under Maryland law if these noise levels are exceeded as a result of activity on this property; and further, that Ocean City has other noise ordinances, which are criminal offenses if violated.
(4)
(Code 1972, 67-34; Ord. No. 2008-5, 3-3-2008)
Secs. 30-38730-400. - Reserved.
Subdivision II. - Permit
Page 1 of 3
Ocean City, Maryland, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 30 ENVIRONMENT >> ARTICLE V. - NOISE >> DIVISION 7. - RESIDENCES PROVIDING SHELTER TO TRANSIENT OR TEMPORARY POPULATION >> Subdivision II. - Permit >>

Sec. 30-401. - Required. Sec. 30-402. - Required information; issuance. Sec. 30-403. - Term; renewal; grounds for denial or nonrenewal. Sec. 30-404. - Submission of plan for compliance; violation of plan for compliance. Sec. 30-405. - Appeals; issuance of temporary permit. Secs. 30-40630-500. - Reserved.
Sec. 30-401. - Required.

No real property situated within the corporate limits of Ocean City shall be used to provide shelter on a temporary basis unless a permit for such use shall have been issued by the Noise Control Board (the board). The City Solicitor is hereby authorized and directed to institute civil proceedings in the circuit court for Worcester County or to request the commencement of any other criminal or civil remedies provided hereunder against any person to whom this division applies for the purpose of enforcing the provisions of this section. In addition thereto, any person required to obtain the aforesaid permit who does not obtain same shall not be entitled to obtain a business or occupation license under chapter 14, article II of this Code.
(Code 1972, 67-28)
Sec. 30-402. - Required information; issuance.

(a) On or before May 1 for residential rentals or on or before June 1 for business rentals, of each year, there shall be filed with the board with respect to any real property situated within the corporate limits of Ocean City and used for the purpose of providing shelter on a temporary basis the following information, together with a fee established by the Mayor and City Council to cover administrative costs: (1) Name, permanent address and telephone number of the owner or owners. (2) (3) Location and general description of the property. Name, address and telephone number of a resident agent, who must reside within the corporate limits of Ocean City (if there is no owner who maintains a permanent residence in Ocean City). If a resident agent is required but is not provided, any notices provided for hereunder shall be filed in the office of the City Clerk of Ocean City, with a copy thereof mailed (certified mail, return receipt) to the last known address of the property owner.
(b)
On or before May 1 for residential rentals or on or before June 1 for business rentals, the board shall issue a permit authorizing any property with respect to which the information required by subsection (a) of this section shall have been timely submitted to be used for the purpose of providing shelter on a temporary basis.
(Code 1972, 67-29; Ord. No. 2002-5, 4-1-2002)
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Sec. 30-403. - Term; renewal; grounds for denial or nonrenewal.

(a) A permit issued pursuant to section 30-402 of this division shall be valid until April 30 for residential rentals or May 31 for business rentals of the succeeding year and, upon receipt of the fee established by the Mayor and City Council to cover administrative costs, shall be renewed for successive one-year periods if the following conditions are met to the satisfaction of the board: (1) The information specified in section 30-402 shall have been revised as necessary and (2) kept current. The board shall have determined that the owner of the property with respect to which the permit is issued has exercised due diligence during the preceding year in controlling the noise on or emanating from the property.
(b)
If, during the preceding year, the owner of any property for which there must be a permit pursuant to section 30-401 of this division has received two or more notices of violations of the noise limitations set forth in section 30-385 of this division and has failed to take prompt action to control the noise on or emanating from the property following receipt of actual notices of any such violation (including, without limitation, evicting or removing violators), or has allowed the property to be occupied by an individual or group of individuals known to the owner from past experience to have violated the noise limitations set forth in section 30-385 of this division, or has willfully or negligently violated any term or condition of a plan for compliance approved by the board pursuant to section 30-404 of this division, the board may conclude that due diligence has not been exercised. If the board has reason to believe that the owner has failed to exercise due diligence in controlling noise on or emanating from the property, the board shall notify the owner in writing and shall provide him with the opportunity to appear before the board to show cause why the board should not refuse to renew the permit. Notifications of hearings shall be mailed to the resident agent or the property owner, at his last known address, on or before February 1, and any hearings conducted thereon shall be held on or before April 1. Following an administrative hearing conducted in accordance with applicable provisions of the State Administrative Procedure Act, Ann. Code of Md., State Government article, tit. 10, subtits. 14 (Ann. Code of Md., State Government article, 10-101 et seq.), the board may either refuse to renew the permit or renew the permit with such conditions as the board deems reasonable and necessary to effect the purposes of this division.
(Code 1972, 67-30; Ord. No. 1996-10, 5-20-1996; Ord. No. 2002-5, 4-1-2002)
Sec. 30-404. - Submission of plan for compliance; violation of plan for compliance.
(a) Any person to whom this division applies may at any time apply for and shall be granted a permit in accordance with section 30-402 of this division; provided, however, that if the person so applying has been refused a permit by the board within the preceding 12 months for failure to exercise due diligence in controlling noise on or emanating from any property in which the person at the time of refusal owned a fee simple interest or a leasehold interest as described in section 30-384 of this division, the board shall not grant a permit pursuant to section 30-402 of this division until such time as the person applying for the permit has submitted and the board has approved a plan for compliance to ensure that due diligence in controlling noise on or emanating from the property for which the permit is to be granted will be exercised as required by section 30-385(a) of this division. The board may also require that a plan for compliance be submitted and approved as a precondition to its granting a
Page 3 of 3
(b)
permit pursuant to section 30-402 of this division if, with respect to the property for which the permit is to be granted, the board has refused a permit within the preceding 12 months because due diligence in controlling noise on or emanating from the property has not been exercised as required by section 30-385(a) of this division. Any plan for compliance submitted to the board under the provisions of this subsection shall be approved or disapproved by the board within 30 days following the date of submission. Any person whose plan for compliance is disapproved by the board may request within 30 days and, upon request, shall be granted within 30 days of the date of request an administrative hearing conducted in accordance with the applicable provisions of the State Administrative Procedure Act, Ann. Code of Md., State Government article, tit. 10, subtits. 14 (Ann. Code of Md., State Government article, 10-101 et seq.). Notwithstanding any other provision of this division, the board may decline to grant a permit to any person who has willfully or negligently violated any term or condition of a plan for compliance approved by the board or to any successor, assignee or principal shareholder of or to any business entity related to a person who has willfully or negligently violated any term or condition of a plan of compliance approved by the board.
(Code 1972, 67-31)
Sec. 30-405. - Appeals; issuance of temporary permit.

Any person aggrieved by a decision of the board may appeal that decision in accordance with section C-1403.D of the Charter. If an appeal is taken from a refusal to grant or to renew a permit, the board shall grant a temporary permit to use the subject property to provide shelter on a temporary basis until such time as a final decision is rendered with respect to that appeal.
(Code 1972, 67-32)
Secs. 30-40630-500. - Reserved.
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND DEPARTMENT HEADS A. Request to Sole Source Purchase Actuarial Services for Risk Department Report Presented by: Eric Lagstrom, Risk Manager
TOWN OF

Agenda Item # 15A Council Meeting November 5, 2012
TO: THRU: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Eric Lagstrom, Risk Manager Sole Source Purchase for Risk Department Actuarial Study October 18, 2012 Consideration of a sole source purchase to conduct an actuarial study for Risk using the same firm that completed the 2009 study The Maryland Workers Compensation Commission requires a completed risk actuarial study every three years. Madison Auditing Group was awarded the bid for the 2009 study. They recommend a study every three-five years. FY 2013 Budget includes $15,000 for this anticipated study. Recommend we contract with Madison Auditing Group again. I am certain that RFP results will be similar to the prior RFP results for these this service, ranging from $15K up to $30K. This firm has a much of our information, so only up-to-date data will be required, thus keeping the costs down. Using the same firm also confirms that the same methodology will be used. Proceed with RFP process Eric Lagstrom, Risk Manager Martha Bennett, Finance Administrator 1) Actuarial Analysis Scope of Work 2) Madison Auditing Group Information
ISSUE(S):
SUMMARY:
FISCAL IMPACT: RECOMMENDATION:
ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
ACTURIAL ANALYSIS SCOPE OF SERVICES
I.
INTENT: Town of Ocean City, Maryland is requesting proposals for an actuarial analysis of the risk management self-insurance fund liabilities of the Town regarding its workers compensation, general liability, law enforcement liability, public officials liability and business auto liability exposures, and a cost allocation study/report/plan for all departments. Three separate reports are required. The initial report is to be an analysis of the Towns unpaid liabilities as of the end of the fiscal year on June 30, 2008, using a ninety-percent (90%) confidence level. This report is to include an analysis of the Towns Incurred But Not Reported (IBNR) liabilities. The second report is to recommend funding on an occurrence basis using a ninety-percent (90%) confidence level for the fiscal years ending June 30, 2009 and June 30, 2010. The third report is an allocation of funding to all departments.
II.
SCOPE OF STUDY: 1) The initial report is to contain an analysis of the Towns unpaid liabilities as of the end of the current fiscal year on June 30, 2008, using a ninety-percent (90%) confidence level for all occurrences and accidents occurring prior to fiscal year 2008 in regard to: a) Workers Compensation b) General, law enforcement and public officials liability c) Business auto liability This report is to include an analysis of the Towns IBNR liabilities and recommendations for funding. The final draft of the initial report is to be submitted to the Town no later than March 31, 2009.
2 2) The second report is to determine: A. Workers Compensation: (i) Recommended funding on an occurrence basis using a ninetypercent (90%) confidence level for the fiscal year ending June 30, 2008, for the following self-insurance retentions: 1) $300,000 per accident 2) $500,000 per accident 3) $1,000,000 per accident 4) Unlimited (ii) Recommended funding on an occurrence basis using a ninetypercent (90%) confidence level for the fiscal year ending June 30, 2009, for the following self-insurance retentions: 1) $300,000 per accident 2) $500,000 per accident 3) $1,000,000 per accident 4) Unlimited B. General, Law Enforcement and Public Officials Liability: (i) Recommended funding on an occurrence basis using a ninetypercent (90%) confidence level for the fiscal year ending June 30, 2008, for the following self-insurance retentions: 1) $250,000 per occurrence 2) $500,000 per occurrence 3) Unlimited (ii) Recommended funding on an occurrence basis using a ninetypercent (90%) confidence level for the fiscal year ending June 30, 2009, for the following self-insurance retentions: 1) $250,000 per occurrence 2) $500,000 per occurrence 3) Unlimited C. Business Auto Liability: (i) Recommended funding on an occurrence basis using a ninetypercent (90%) confidence level for the fiscal year ending June 30, 2008, for the following self-insurance retentions: 1) $250,000 per occurrence 2) $500,000 per occurrence 3) Unlimited
3 (ii) Recommended funding on an occurrence basis using a ninetypercent (90%) confidence level for the fiscal year ending June 30, 2009, for the following self-insurance retentions: 1) $250,000 per occurrence 2) $500,000 per occurrence 3) Unlimited The final draft of the second report is to be submitted to the Town no later than March 31, 2009. 3) The third report will be to submit an analysis to recommend allocation funding to departments. III. QUALIFICATIONS: Proposers must render a statement indicating their ability and expertise in providing the analysis requested. A list of personnel who would actually perform the analysis along with resumes must be provided. The actuary signing off on the reports must have obtained the Fellow of the Casualty Actuarial Society (FCAS) and Member of American Academy of Actuaries (MAAA) designations. IV. TECHNICAL STATEMENT OF SERVICES: Each proposer must submit a statement indicating their response to the requested services and how they would perform these services. This statement and the qualifications and references will be taken into consideration when the proposals are evaluated. The Technical Statement of Services is to also include the following: 1) Specification of the methodology to be used in developing the recommended funding levels along with a justification as to why the selected method(s) is appropriate; and 2) The additional information that will be required from the Town beyond that contained in the request for proposal, and the date it must be made available to the proposer in order for the completion dates to be met.
V.
TERMS AND CONDITIONS: The Town reserves the right to request clarification of information submitted and to request additional information from one or more proposers.
4 If, through any cause, the contractor shall fail to fulfill in a timely and proper manner the obligations agreed to the Town shall have the right to terminate its contract by specifying the date of termination in a written notice to the contractor at least thirty (30) calendar days before the termination date. In this event, the contractor shall be entitled to just and equitable compensation for any satisfactory work completed. An agreement or contract resulting from acceptance of the proposal shall be on forms either supplied by, or approved by the Town and shall contain, as a minimum, applicable provisions of the request for proposal and any Town requirements for agreements and contracts. The contractor shall not assign any interest in the contract and shall not transfer any interest in the same with prior written consent of the Town. No reports, information or data give to, or prepared by the contractor under the contract shall be made available to any individual or organization by the contractor without the prior written approval of the Town. VI. EVALUATION CRITERIA: The Risk Retention Committee will evaluate proposals received based on the following criteria: Technical Factors A. Capability and qualifications B. Reference and experience with previous accounts of similar size and scope C. Technical Statement of Services how services will be performed D. Price Maximum Points Available Point Range 0 30 Points 0 40 Points
0 20 Points
0 10 Points 100
Subsequent to evaluation of proposals received, the Risk Retention Committee will then make a recommendation for an award of contract to the Mayor and City Council, Town of Ocean City, Maryland.
About Us Actuarial Services Compliance & Reporting MCG Partners & Senior Staff Mark Crawshaw, Ph.D., FCAS, MAAA John Gleba, B.A., FCAS, MAAA Benjamin Biscoglia, CPCU Tina Knight, CPCU Joseph Smalley, Ph.D., FCAS, MAAA Leslie Marlo, FCAS, MAAA Support Staff Employment Opportunities Contact Us Professional Links Casualty Actuarial Society American Academy of Actuaries American Institute for Chartered Property Casualty Underwriters Association of Insurance Compliance Professionals Insurance Industry Information Sitemap
About Us
Madison Consulting Group, Inc. is an independent actuarial consulting firm located in Madison, Georgia providing a full range of property/casualty actuarial consulting services and statistical reporting services. Our original operation was formed in 1987 as a division of Wakely and Associates, Inc. and the firm, in its current form, was incorporated on April 1, 1999. Our firm is wholly owned by principals actively engaged in its consulting practice and has no parent, subsidiary or affiliated companies. This organizational structure allows us to provide independent and impartial opinions. Madison Consulting Group offers the benefits of experience, reputation, resources, stability and national perspective. We distinguish ourselves from other consulting firms in our management structure. That is, senior members of the firm are involved in all phases of assignments. Responsibility for projects is not assigned to staff personnel.
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Actuarial Services
Actuarial services are coordinated by Mark Crawshaw, Ph.D., FCAS, MAAA and John Gleba, FCAS, MAAA. Messrs. Crawshaw and Gleba hold the highest professional designation of the Casualty Actuarial Society (FCAS) and are Members of the American Academy of Actuaries (MAAA). Senior actuarial staff personnel also includes Joseph A. Smalley, Ph.D., FCAS, MAAA and Leslie Marlo, FCAS, MAAA. Other professionals at Madison Consulting Group are also available to provide additional resources. Madison Consulting Group has experience in all major property/casualty lines. We have provided consulting services to a wide variety of entities, including state governments, insurance departments, municipalities, insurance companies, and other public entities. Madison Consulting Group has also been involved in the determination of self-insured reserve and budget studies for various municipalities and public entities in many states.
MCG Partners & Senior Staff

Actuarial services are coordinated by Mark Crawshaw, Ph.D., FCAS, MAAA and John Gleba, FCAS, MAAA. Messrs. Crawshaw and Gleba hold the highest professional designation of the Casualty Actuarial Society (FCAS) and are Members of the American Academy of Actuaries (MAAA). Senior actuarial staff personnel also includes Joseph A. Smalley, Ph.D., FCAS, MAAA and Leslie Marlo, FCAS, MAAA. Compliance and reporting services are coordinated by Benjamin Biscoglia, CPCU and Tina Knight, CPCU. Mr. Biscoglia and Ms. Knight both hold the professional designation of CPCU (Chartered Property Casualty Underwriter
MCG Partners & Senior Staff >
Mark Crawshaw, Ph.D., FCAS, MAAA

Dr. Crawshaw is President of Madison Consulting Group and holds bachelors and masters degrees in Mathematics from Oxford University, England and a doctorate in Mathematics from the California Institute of Technology. Dr. Crawshaw began his actuarial career in 1984 in the Los Angeles office of Milliman & Robertson, Inc. He joined the predecessor of Madison Consulting Group in 1988. During his career, Dr. Crawshaw has worked in many areas of property/casualty consulting. His experience includes: evaluation of individual company rate filings for workers compensation, medical malpractice, homeowners and other lines on behalf of a number of state insurance departments; expert testimony at industry-wide rate hearings; assisting an insurance department in a study investigating the validity and impact of the use of credit scores in homeowners and automobile insurance ratemaking; expert testimony on behalf of regulators in disputes with individual companies; and assisting a state insurance department with implementation of a mechanism to stabilize markets and provide hurricane insurance in the
aftermath of a major hurricane (this work included assistance in the development of a plan of operation, rating plan and policy form, as well as analysis of public policy issues and market conditions). Contact at mark.crawshaw@madisoninc.com Dr. Crawshaw's Curriculum Vitae follows as attached:

v.1 RESUME.MC.pdf (35k) Alicia Doyle, Jul 19, 2012 11:28 AM

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND DEPARTMENT HEADS B. Discussion of Baltimore Avenue Banner Installations Presented by: Hal Adkins, Public Works Director
25166
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Agenda Item # Council Meeting 15B 11/5/2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director Baltimore Avenue Corridor Banner Installation Program Termination Conflict with Delmarva Power and Light Regulations October 19, 2012 Termination of our Banner Program on Baltimore Avenue Delmarva Power and Light regulations prohibit our installations. The Mayor and City Council need to be aware of the issue and take action relative to the conflict. Minor loss in Banner Fee Revenue which is offset by a minor reduction in labor expenses due to the fact that we will no longer do the installations. Terminate the Banner Program on Baltimore Avenue effective immediately. Continue the program in non compliance with Delmarva Power and Light Regulations; face potential litigation, and accept liability. Hal O. Adkins, Public Works Director Jim Smith, Delmarva Power and Light Richard Malone, Deputy Director of Public Works Tom Shuster, Director of Recreation and Parks John Sullivan, Special Events Director Lisa Mitchell, Private Event Coordinator 1) Email, July 26, 2012 9:40 am, Lisa Mitchell 2) Email, June 29, 2012 3:23 pm, Diana Chavis 3) Email, July 24, 2012 3:30 pm, Jim Smith 4) Email, July 25, 2012 4:02 pm, Jim Smith 5) 2012 Banner Listing, Lisa Mitchell 6) 2013 Banner Listing, Lisa Mitchell 7) Income Report, Lisa Mitchell
ISSUE(S): SUMMARY:
FISCAL IMPACT:
RECOMMENDATION:
ALTERNATIVES:
RESPONSIBLE STAFF: COORDINATED WITH:
ATTACHMENT(S):
To: DavidL.Recor,ICMACM,CityManager From: HalO.Adkins,PublicWorksDirector Re: BaltimoreAveCorridor BannerInstallationProgramTermination ConflictwithDelmarvaPowerandLightRegulations Date: October19,2012 Asyoumaybeaware,theTownofOceanCityhashadwhatwecalla"bannerprogram"since theearly1990's.Inanefforttoassistbothpublicandprivateeventswithadvertisingfor forthcomingevents,weestablishedlocationstohangbanners.Themajorityofthelocationsare alongtheBaltimoreAvecorridorthoughwedohaveonelocationlocatedalongthesouthside ofRT90asyouareenteringTown.Acopyofallthelocationsisattachedforyourreviewviaan emailauthoredbyLisaMitchell.(Fortherecord,thecablesforthebannerlocationat11th StreetarestillinplacebutthatsitehasnotbeeninusesinceJuneof2012duetoacitizen complaintofwindnoise/vibrationadjoiningtheirhome.Pleaseseetheattachedemailin supportofthatissue). GoingbackinhistorytothetimetheinitialsiteswereestablishedalongBaltimoreAve,the processwasveryinformal.IpersonallyspokewithDelmarvaPower&Light(DPL)andBell Atlantic(nowVerizon)atthetimeandgainedverbalpermissionfortheinstallations.Those sameinstallationsareinexistencetothisdate. Withtherecentissuethataroseat11thStreet,duetotheadjoiningpropertyownerconcerns,I wasinstructedtosearchforasuitablelocationtorelocatethe11thStreetsiteto(inaneffortto maintainthesamenumberofhistoricalsites).IndoingsoIfoundwhatappearedtobea suitablelocationinthevicinityof13thStreetbut,whenrequestingpermissionfromDelmarva PowerandLightitwasbroughttomyattentionthatsuchinstallationsarenotpermissiblein accordancewiththeirregulations.Inanefforttosupportthisstatement,andtheirstance,I haveattachedtwoemailsfromDelmarvaPowerandLightthatwereaddressedtome. Consideringthecontentoftheemail,specificallyitscontentinrelationtoapublicsafetyissue,I cannotimaginethatanystanceof"grandfathering"ofourlocationswouldbepermissible,nor doIplantoaskandthusplacemyselfinasituationofliability. Inclosing,IbringthisissuetoyourattentionbecauseIfeelourrightstocontinuethisbanner programarenowoverandweshouldceaseuseofthesites,andremovethecableassemblies, immediately.Whentakingtheprogramterminationactionintoconsideration,Iwantyoutobe awareofthoseindividualswhocurrentlyhavereservationsforuseofthesesitesandwillneed tobenotified.Acopyofthatlistisattached.Asofthisdateitwillresultinrefundsof$625.00. LookingforwardtodiscussingthematterattheWorkSessiononOctober30,2012. cc:R.Malone,DeputyDirectorofPublicWorks T.Shuster,DirectorofRecreationandParks J.Smith,DelmarvaPowerandLight J.Sullivan/LisaMitchell,SpecialEvents,RecreationandParks
From: Lisa Mitchell Sent: Thursday, July 26, 2012 9:40 AM To: Hal Adkins Cc: John Sullivan Subject: RE: Banner Locations
Hal,
Rt. 90 at Ocean City Tennis Center Across Baltimore Avenue at the following locations: 4th Street Between 5th and 6th Streets 10th Street (Between11thand12thStreets) Ifyouneedanythingelse,pleaseletmeknow. Lisa
From: Diana Chavis Sent: Friday, June 29, 2012 3:23 PM To: Mayor & Council; Thomas Shuster; Hal Adkins; David Recor Cc: Lisa Mitchell; Susan Petito; John VanFossen Subject: Council Poll Results - Banner on Baltimore Avenue
Goodafternoon, IpolledtheM&CaboutthebanneronBaltimoreAvenue&11thStreet.Thevotewas70to removethebanner,findanalternativelocationorrefundanymoneythathasbeenreceived fromtheGreekFestival,WhiteMarlinOpenandDewTour. TheMayorfeltthatthecurrentbannershouldberemovedbutthatthosewhoalreadypaidfora 2012bannershouldbeallowedtohangit. PublicWorksisintheprocessofremovingthecurrent,freeSurfriders"footprints"banner. TerrySteimeroftheSurfriderFoundationisawareofitsremoval.Halwilllookforanalternative location.Ifonecannotbefound,moniesshouldberefunded. Pleasecallifyouhaveanyquestions. Haveagoodweekend, Diana
From: jim.a.smith2@delmarva.com [mailto:jim.a.smith2@delmarva.com] Sent: Tuesday, July 24, 2012 3:03 PM To: Hal Adkins Cc: Diana Chavis; Richard Malone; John Sullivan; Lisa Mitchell; Patrick.Dubinski@delmarva.com Subject: Re: Attachment Agreement For Banners Hal, I looked into the banner issue. Initially, I did not understand that the banner spanned the street. Based on some serious problems we've experienced, we no longer allow this practice. I believe the breaking point came several years ago in another town when wind got into a banner that spanned across a street. The banner wrapped into the primary causing a fire, damage, blown fuses and an outage. At that point, it was deemed that the practice had severe safety implications and now we do not allow it.
Jim
Jim Smith Delmarva Power Senior Public Affairs Manager (410) 860-6366 - Maryland (302) 934-3342 - Delaware (410) 207-3897 - Cell jim.a.smith2@delmarva.com
From: jim.a.smith2@delmarva.com [mailto:jim.a.smith2@delmarva.com] Sent: Wednesday, July 25, 2012 4:02 PM To: Hal Adkins Cc: Diana Chavis; Richard Malone; John Sullivan; Lisa Mitchell; Patrick.Dubinski@delmarva.com Subject: RE: Attachment Agreement For Banners Hal, The banners that are allowed are banners that are attached to a single pole. The specs are on page 51 and on page 52 there is language stating, "Banners that span from one pole to another or across a street are never permitted." Thanks, Jim
Jim Smith Delmarva Power Senior Public Affairs Manager (410) 860-6366 - Maryland (302) 934-3342 - Delaware (410) 207-3897 - Cell jim.a.smith2@delmarva.com
OCEAN CITY RECREATION & PARKS Run Date: 10/22/12 Run Time: 10:38A
RecTrac
Page: 1 of 1 User: LAM
POS BOTTOM LINE REPORT

Item Description Count
137
TC
0034
Description
Spec Events Banners
Fees
3,575.00
Disc
0.00
Paid
3,575.00
Refunds
50.00
Misc
0.00
Net
3,525.00
TOTAL QUANTITY SOLD FOR RANGE SELECTED: TOTAL FEES CHARGED FOR TRANSACTIONS: TOTAL DISCOUNT APPLIED AGAINST FEES: NET AMOUNT STILL DUE: TOTAL AMOUNT REFUNDED: TOTAL AMOUNT PAID FOR ALL FEES LESS DISCOUNT (+): TOTAL MISCELLANEOUS POS INCOME (+): TOTAL MISCELLANEOUS POS EXPENSES (-): NET INCOME/EXPENSE FOR RANGE SELECTED (=):
137 3,575.00 0.00 0.00 50.00 3,575.00 0.00 0.00 3,525.00
SELECTION CRITERIA:
Sales Date Range: 01/01/2011 Thru 10/22/2012 Inc/Exp Date Range: 01/01/2011 Thru 10/22/2012 Tran Code Range: 0034 Thru 0034 Individual Selections: Item Range: Thru Ticket Range: Thru Tran Code Wildcard: Item Wildcard: Ticket Wildcard:
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND DEPARTMENT HEADS C. Request Funding Allocation to Purchase a Boom Mower Tractor Attachment Presented by: Hal Adkins, Public Works Director
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Agenda Item # Council Meeting 15C 11/5/2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director Ocean City Municipal Airport Boom Mower Tractor Attachment for Tractor #120 Request for Funding October 18, 2012 Providing supplemental funding to conclude the purchase of a boom mower attachment The Town had obtained a Grant to purchase the mower attachment. The attachments delivery was delayed and the Grant has now expired $9,001.00 (funding allocation needed) Provide the additional funding and complete the purchase Cancel the equipment order and expend via contractor annual funding necessary to maintain the facilities grounds Jaime Giandomenico, Airport Manager Jennie Knapp, Budget Manager Ron Eckman, Fleet Manager 1) 2) MAA Special Grant No. MAA-GR-12-027 with associated attachments/exhibits Purchase Order #193300 dated 2/15/2012
ISSUE(S):
SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES:
ATTACHMENT(S):
To: DavidL.Recor,ICMACm,CityManager From: HalO.Adkins,PublicWorksDirector Re: OceanCityMunicipalAirport BoomMowerTractorAttachmentforTractor#120 RequestforFunding Date: October18,2012 Inaccordancewiththeattacheddocuments,theMayorandCityCouncilweretherecipientsofa "SpecialGrantAgreement"fromtheMarylandAviationAdministration(MAA)viaaGrantdated March15,2012.AcopyoftheGrantandassociatedcorrespondenceisattachedforreview. Beingthiswasa"SpecialGrant"allocation,ithadaspecificexpirationdateanddidnot"roll over"intothenextfiscalyear.Asdenotedintheattachment(Seepage2,SectionIII,ItemC)the GrantwasslatedtoexpireonJune30,2012. AsaresultoftheGrantissuanceaPOwascreatedbytheTownintheamountof$12,002.00to AtlanticTractorLLCwiththeintentionthattheTownwouldbegainingreimbursementfromthe MAA,viatheGrant,intheamountof$9,001.00.Unfortunately,andtonofaultoftheTownat all,AtlanticTractorLLCwasunabletomakedeliverontheunitinatimelymanner.Itappears thatAtlanticTractorwaswaitingonfabricationoftheboommowerandshipmenttothemby themanufacturer.Theytoowereatthemercyofathirdparty. Well,theboommowerfinallyarrivedatAtlanticTractorinSalisburywithinthelastfewweeks.I cannotacceptthisattachmentingoodconscienceknowingfullwelltheGrantisclosedandwe willbeunabletogainreimbursementfromtheMAAforthe$9,001.00.Regardlessofthe currentcircumstances,thelackofatimelydeliverydoesnotnegatethejustificationandneed fortheboommower;itsimplycreatesafundingdilemma. Withthatsaid,andwiththeassistanceofJennieKnapp,IamaskingtheMCCtoallocatethe additional$9,001.00tosupplementthecurrent$3,001.00thatisfundedintheAirportAccount. Itakenopleasure,whatsoever,inhavingtomakethisrequestbutstandbythefactwedid everythingwithinourmeanstotryandgainatimelydelivery. Shouldyouhaveanyquestions,feelfreetocontactmedirectly. cc.J.Giandomenico J.Knapp R.Eckman
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND DEPARTMENT HEADS D. Request Funding Allocation and Contract Award for District Court Roof Renovations Presented by: Hal Adkins, Public Works Director
25166
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Agenda Item # Council Meeting 15D 11/5/2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director Ocean City Public Safety Building District Court Roof Request for Funding and Contract Award Roof Leak Repair October 18, 2012 Roof Leak / Repair District Court Building Approval is needed to move forward with roof repairs to the District Court to maintain compliance with the Lease $36,000.00 (funding allocation needed) Allocate the funds, contract with Tecta America for the repair, and inform the State of the forthcoming work. None Hal O. Adkins, Public Works Director Dean Dashiell, Senior Project Manager Jennie Knapp, Budget Manager Robert Suit, State of Maryland Department of General Services 1) 2) Section 5.3 and 5.4 of Lease Agreement Tecta America Roofing Proposal
ISSUE(S): SUMMARY:
ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:
ATTACHMENT(S):
To: DavidL.Recor,ICMACM,CityManager From: HalO.Adkins,PublicWorksDirector Re: OceanCityPublicSafetyBuildingDistrictCourtRoof RequestforFundingandContractAward RoofLeakRepair Date: October18,2012 TheMayorandCityCouncil(hereinaftercalledtheLessor)executedaleaseAgreementwiththe StateofMaryland(hereinaftercalledtheLessee)onFebruary02,2011forwhatisknownasthe DistrictCourtat65thStreet.ThisAgreementisforaperiodoften(10)yearsandcommencedon April10,2011asarenewalofapreviouslease. IntheAgreement,specificallySections5.3and5.4(whichareattachedforreference)itisquite cleartheLessorisresponsiblefortheexteriorofthestructureinclusiveoftheroofingsystem.It wasrecentlybroughttoourattentionthattheinteriorceilingsarestainedandinneedof replacement.Uponfurtherinvestigationithasbeendeterminedthatwehaveaflashing problemwheretheroofingsystemfortheDistrictCourttiesintothewallsystemofthePublic SafetyBuilding.InanefforttostopinfiltrationofwaterintotheCourtbuildingandthe subsequentdamageitisdoingtotheceilingtiles,thewalls,andthecarpet,weneedtofixthe leak. AspartoftheevaluationwewereassistedbyTectaAmericaRoofingwhoisourroofing consultantfortheTownhavingperformednumerousroofreviews,specifications,andrepairs formeoverthelastfiveplusyears.AcopyoftheirProposaldatedOctober04,2011isattached forreview. Insummary,thecostofthisunbudgetedrepairisroughly$36,000.00basedonaUnitPriceof $150.00perLFofrepair. HavingnoalternativeasLessor,IamaskingpermissionoftheMayorandCityCounciltomove forwardwithTectaAmericatocompletetherepair.IwillworkwithJennieKnapp,Budget Manager,forallocationofthefunds. Shouldyouhaveanyquestions,feelfreetocontactmedirectly. cc.D.Dashiell J.Knapp RobertS.Suit,Manager,StateofMarylandDepartmentofGeneralServices,OfficeofReal EstateCompliance,LeaseComplianceUnit
DATE: October 4, 2011
PROPOSAL NO.: 155
Tecta America East, LLC (hereinafter referred to as "Contractor") proposes to perform and furnish the labor, materials, insurance, supervision, equipment and warranty (herein together referred to as the "Work") described herein for: OWNER/CUSTOMER: Mr. Dean Dashiell/Town of Ocean City ADDRESS: 6501 65th Street & Coastal Highway, Ocean City, MD 21842 PROJECT: Public Safety Building Thru-Wall Counterflashing Replacement A. PREVIOUSLY COMPLETED INVESTIGATIVE SCOPE OF WORK: Area # 3: Base of Penthouse Tower and Lower Roof Penthouse Wall Investigation Remove two (2) existing blocks at one (1) designated corner location at base of East penthouse tower to inspect existing thru-wall counterflashing and surrounding conditions. Store existing block on-site for re-installation. Inspect wall flashing, thru-wall counterflashing, and surrounding conditions. Document findings. Repair wall flashing, repair/replace thru-wall counterflashing as needed, and re-install existing block and mortar to match existing finish as close as possible. Remove two (2) existing blocks at one (1) designated thru-wall counterflashing lap/joint location at base of Low roof penthouse tower to inspect existing thru-wall counterflashing and surrounding conditions. Store existing block on-site for re-installation. Inspect wall flashing, thru-wall counterflashing, and surrounding conditions. Document findings. Repair wall flashing, repair/replace thru-wall counterflashing as needed, and re-install existing block and mortar to match existing finish as close as possible. B. FOLLOW UP PERMANENT REPAIR SCOPE OF WORK: Base of Penthouse Tower (Approx. 36 LF) and Lower Roof Penthouse (Approx. 204 LF) Wall Thru-Wall Counterflashing Replacement Remove existing blocks at designated locations on a Lineal Foot basis (work to be completed during off-hours, after 4PM on weekdays). Store existing blocks on-site for re-installation. *Note: Lineal Foot basis will require a minimum of 12 LF per location because of length of existing thru-wall counterflashing. Remove and dispose of existing thru-wall counterflashing metal from job site. Shop fabricate and install new .018 Stainless Steel thru-wall counterflashing with fully soldered lap and corner joints. *Note: New thru-wall counterflashing to have adequate turn-up behind block versus existing profile. Re-install existing block and mortar to match existing finish as close as possible. C. D. E. CONTRACT UNIT PRICE: Contractor shall perform the Work for One Hundred Fifty Dollars per Lineal Foot ($ 150.00 / LF), in current funds. Payment of the Contract Price shall be paid as follows: Net 30 days. TERMS AND CONDITIONS: The terms and conditions set forth on the reverse side are a part of this proposal. This Proposal is subject to revision or withdrawal by Contractor for any reason until communication of acceptance, and may be revised after communication of acceptance where an inadvertent error by Contractor has occurred. This Proposal expires thirty (30) days after the date stated above if not earlier accepted, revised or withdrawn. By: Title: Service Sales
ACCEPTANCE The undersigned hereby accepts this Proposal and, intending to be legally bound hereby, agrees that this writing shall be a binding contract and shall constitute the entire contract. Owner/Customer: Title: By: __________________________________ Date: _________________________________
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND DEPARTMENT HEADS E. Request Local Match Funding for Variable Message Sign Presented by: Hal Adkins, Public Works Director
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Agenda Item # Council Meeting 15E 11/5/2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director Request for Funding Local Match Portable Variable Message Sign (VMS) Hazard Mitigation Grant Program (HMGP) October 18, 2012 Purchase of Portable Variable Message Sign The Town has been offered a 75/25% Grant to purchase one sign. The Town must now decide to accept or reject the offering. $5,750.00 (funding allocation needed) Provide the local match as requested and the execution of the funding commitment letter and maintenance agreement. Do not accept the Grant offer and continue with the rental expenses of the additional sign. Wayne Pryor, Grants Coordinator Wayne Pryor, Grants Coordinator Jennie Knapp, Budget Manager 1) 2) 3) Email dated 10/03/2012 3:51 pm, Wayne Pryor Sample letter to MEMA for a funding commitment Sample HMGP Maintenance Agreement
ISSUE(S): SUMMARY:
ALTERNATIVES:
ATTACHMENT(S):
To: DavidL.Recor,ICMACM,CityManager From: HalO.Adkins,PublicWorksDirector Re: RequestforFundingLocalMatch PortableVariableMessageSign(VMS) HazardMitigationGrantProgram(HMGP) Date: October18,2012 TheTownofOceanCity,viatheassistanceofWaynePryor,submittedaGrantApplicationfor thepurchaseofoneportableVariableMessageSign(VMS).TheTowncurrentlyownstwosuch signsandroutinelyisforcedtorentathirdsigntofulfillourannualuseofsuchdevicesfortraffic management.TheuseofaVMSinevacuationtrafficmanagementisanextremelyvaluabletool. WiththeoverallavailabilityofGrantfundsseemingtoshrink,Iwasverysurprised,andquite happy,thatourrequesthasinfactbeenapprovedaspartofamuchlargerStatesubmission. Withthatsaid,wearenowrequiredtosubmitaletterindicatingthatourLocalMatchof $5,750.00willbeprovidedandprovideasignedMaintenanceAgreement.Samplesofbothare attachedforreview. Beingwehadnoassurancethisapplicationwouldbeapproved,theLocalMatchwasnotfunded inthecurrentFY13Budget.Withthatsaid,itismyhopetogainpermissionformtheMayorand CityCounciltofundtherequiredmatchwiththeunderstandingthatJennieKnapp,Budget Manager,wouldassistmeinfundingthiscostinthemostappropriatemanner. LookingforwardtopresentationanddiscussionduringtheWorkSessiononOctober30,2012. Shouldyouhaveanyquestions,feelfreetocontactmedirectly. cc:J.Knapp,BudgetManager W.Pryor,GrantsCoordinator
October31,2012 Mr.MarkJames StateHazardMitigationPlanner MarylandEmergencyManagementAgency 5401RueSaintLoDrive Reisterstown,Maryland21136 DearMr.James, TheTownofOceanCityhasappliedtotheMarylandEmergencyManagementAgencyfor Federalmitigationfundstoassistwiththepurchaseofaportablevariablemessagesign.The purposeofthisprojectistosupporttheevacuationtrafficmanagementthroughtheprovision ofrealtimeroadclosureandevacuationinformation.TheTown,incooperationwiththe MarylandStateHighwayAdministration,isseekingfundingunderthe1875/1910Hazard MitigationGrantProgram(HMGP). TheguidelinesfortheHMGPgrantprogramrequirea25%nonfederalmatch.TheTownof OceanCityiscommittedtoprovidingtherequirednonFederalmatchingfundsfortheportable VariableMessageSign(VMS)shouldthegrantbeapproved. Shouldyouhaveanyquestions,pleasedonothesitatetocontactmyoffice. Sincerely, DavidL.Recor,ICMACM CityManager
1875/1910HazardMitigationGrantProgramApplication MaintenanceAgreement
TheTownofOceanCityMarylandherebyagreesthatifitreceivesanyFederalfundingasa resultoftheattachedHazardMitigationGrantProgram(HMGP),itwillacceptresponsibilityfor theroutinemaintenanceoftheVariableMessageSign(VMS). ThepurposeofthisagreementistomakecleartheSubgranteesmaintenanceresponsibilities followingtheprojectawardandtoshowtheTownsacceptanceoftheseresponsibilities.It doesnotreplace,supersede,oraddtoanyothermaintenanceresponsibilitiesimposedbythe Federallaworregulationandwhichareinforceonthedateoftheprojectaward. SignedbyDavidL.Recor,CityManager,thedulyauthorizedrepresentativeoftheTownof OceanCityonthis31thdayofOctober2012. ________________________________ DavidL.Recor,ICMACM CityManager
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND DEPARTMENT HEADS F. Request 5-Year Extension of the Ayres Creek Kayak Launch Memorandum of Understanding between Mayor and City Council and Maryland Coastal Bays Presented by: Hal Adkins, Public Works Director
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Agenda Item # Council Meeting 15F 11/5/2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director Ayres Creek Kayak Launch 8913 Lewis Road Request for a Five Year Extension Memorandum of Understanding Maryland Coastal Bays Program - Foundation October 18, 2012 Renewal of Memorandum of Understanding between the Mayor and City Council and the Maryland Coastal Bays Program The Memorandum of Understanding for the Ayres Creek Kayak Launch expired on September 21, 2012 and needs to be discussed relative to renewal. None Extend the terms of the Memorandum of Understanding by five (5) years. Do not renew the Memorandum of Understanding and consider management of the site yourself or bidding operation out to an Outfitter. Hal O. Adkins, Public Works Director David Wilson, Executive Director, Maryland Coastal Bays Program Jim Parsons, Chief Deputy Director of Public Works Kelly Allmond, City Clerk 1) 2) Maryland Coastal Bays Program Letter of Request dated 10/10/12 The original Memorandum of Understanding between the Mayor and City Council and the Maryland Coastal Bays Program with a current insurance certificate
ISSUE(S):
SUMMARY:
ALTERNATIVES:
ATTACHMENT(S):
To: DavidL.Recor,ICMACM,CityManager From: HalO.Adkins,PublicWorksDirector Re: AyresCreekKayakLaunch8913LewisRoad RequestforaFiveYearExtensionMemorandumofUnderstanding MarylandCoastalBaysProgramFoundation Date: October18,2012 OnSeptember21,2010theMayorandCityCouncil(MCC)executedaMemorandumof Understanding(MOU)withtheMarylandCoastalBaysProgram(MCBP).ThisMOUhadaninitial Termof(02)twoyearsandhasrecentlyexpiredonSeptember21,2012. HavingsuccessfullycompletedtheconstructionofwhatisnowknownastheAyresCreekKayak Launch,theMCBPwouldliketohavetheMOUextended,withoutmodification,foran additionalperiodof(05)fiveyears.Iseenoreasonnottodoso. SubjecttotheMCBPmaintainingaCertificateofLiabilityInsurance,inaccordancewiththe MOU,fortherequestedtimeextension,IwouldaskfortheMCC'sapprovaloftheirrequest. Inclosing,ifmembersoftheMCChavenothadtheopportunitytovisitthesiteyet,theyreally needtoscheduleavisit.TheoverallprojectturnedoutbeautifulandshouldserveOceanCity andWorcesterCountyresidents/visitorsforyearstocome. cc:D.Wilson,Ex.Director,MCBP J.Parsons K.Allmond
Maryland Coastal Bays Program

9919 Stephen Decatur Highway, Suite 4 Ocean City, Maryland 21842 410 213-2297 410 213-2574 (fax) http://www.mdcoastalbays.org Email: dwilson@mdcoastalbays.org
Oct. 10, 2012 RE: Ayres Creek Kayak Launch Dear Ocean City Mayor and City Council: The initial MOU between the Maryland Coastal Bays Program and the Mayor and City Council of Ocean City regarding the use of the Lewis Road Landfill expired on 21 September 2012. Considering the success of this project to convert the landfill to a kayak launch, we would like to request an extension for five years so that we may continue management of the site per the initial agreement. It has been a pleasure working with the town during the constructions of the site and we have received many very positive responses from local residents and visitors to the facility. Please feel free to contact me or Dr. Roman Jesien at 410-213-2297 if you have any questions. Sincerely,
Dave Wilson Executive Director Maryland Coastal Bays Program Cc: Roman Jesien, MCBP Cc: Hal Adkins rj
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND DEPARTMENT HEADS G. Request to Extend the Direct Media Transit Advertising Contract Presented by: Hal Adkins, Public Works Director
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Agenda Item # Council Meeting 15G 11/5/2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director Transportation Advertising Agreement Time Extension Request October 19, 2012 Expiration date Agreement of the Direct Media Transit Advertising
ISSUE(S):
SUMMARY:
The current Agreement expires on October 31, 2012 and staff desires to extend the Agreement None if approved Approve Amendment No. 3 for Direct Media thereby extending the current Agreement to September 1, 2013 Continue to wait for MTA concurrence, and rebid, regardless of timing at that time George Thornes, Superintendent of Transportation Brian Connor, Assistant Superintendent of Transportation Hal Adkins, Public Works Director James Rasziewski, MTA Regional Planner 1) Amendment No. 3 to the Advertising Agreement
ALTERNATIVES:
RESPONSIBLE STAFF:
COORDINATED WITH:
ATTACHMENT(S):
To:
DavidL.Recor,ICMACM,CityManager
From: HalO.Adkins,PublicWorksDirector Re: TransportationAdvertisingAgreementTimeExtensionRequest
Date: October19,2012 TheTownofOceanCityTransportationDepartmentcurrentlyhasacontractwithDirectMediaIncfor advertisingeffortsforourentireTransitFleet.AbriefhistoryofthisAgreement,andourdesireforan additionaltimeextension,aredetailedasfollows: TheAdvertisingAgreementwithDirectMediawasapprovedbytheMayorandCityCouncil (MCC)onMay07,2007.TheoriginalAgreementTermwasforaperiodof5yearsspanning fromMay08,2007thruMay08,2012. BecausethatAgreementwassettoexpireinMay(thebeginningofoursummerseason),and if/whenanewAdvertisingAgencymaybeawardedthenewAgreement,itwasanticipated thatannonincumbentfirmmayhavedifficultysecuringadvertisingcontractsatthe beginningoftheseasonasmostlocalbusinessespreparefor,dedicate,andspendtheir advertisingdollarswellbeforeMay.Additionally,asadirectresult,itwasanticipatedthat theTownmayalsosufferlossesinrevenueduetotheAgency's"latestart".Therefore,on November1,2011theMCCapproved"AmendmentNo.1",extendingtheexpirationdateof DirectMedia'scontractfromMay08,2012toOctober31,2012(roughly6months)withthe intentofgoingouttobid,awardingandestablishinganewVehicleAdvertisingcontract priorNovember1. RequestsforProposals(RFP)fora5YearVehicleAdvertisingAgreementwereadvertisedon August13,2012withaduedateofSeptember11,2012.OnSeptember09,2012,six(06) dayspriortotheMCCreceivingRFPsubmissions,anissueconcerningtheabsenceofan approvedDBEgoalintheRFPdocumentwasraised.SincethattimetheRFPprocesshas beenplaced"onhold",DBEinformationhasbeensubmittedtotheMTAforreviewand approval,andwearenowawaitingMTA'sconcurrencetoproceed. Evenintheabsenceoftheabove"DBEissue"itissuspectedthataVehicleAdvertising AgreementthatbeginsonNovember1maybealittletoolateintheseasonforanon incumbentadvertisingagencytohavesufficienttimeandaccesstolocalbusinessesin preparationforthe2013season.Toaddressthatissue,contingentuponMCCandMTA approval,IamrequestingpermissiontoextendtheexistingAgreementfromOctober31, 2012toSeptember01,2013,andpermissiontoreadvertisetheRFPintheSpringof2013 (whichwillincludetherequiredDBEinformationandrevisedAgreementTermdateof September02,2013thruSeptember01,2018withanawarddateofMay2013). Byallowingthree(3)monthsbetweenthedateofaward(May2013)andtheeffective dateofthecontract(September01,2013),anonincumbentadvertisingagencywillhave ampleinseasonleadtimetobecomefamiliarwithlocalbusinessesinanefforttosolicit 2014vehicleadvertisingcontracts.
Inanticipationofthisoveralldiscussion,staffpreparedAmendmentNo3totheAgreement.This AmendmentextendsthecurrentAgreementtoSeptember01,2013,asdiscussedabove,andif approvedbytheMCC,goesintoeffectonOctober31,2012.YouwillnotethisAmendmenthas beenpresentedtoDirectMediainadvanceoftheWorkSessionandtheyhavefounditwithin theirmeanstoacceptit.(Fortherecord,AmendmentNo.2totheAgreementwasnotassociated with"dates"andsimplyclarifiedtheScopeoftheoriginalAgreementasitpertainstotypesof advertisingthatwerepermissible). LookingforwardtodiscussingthismatterwiththeMCCattheWorkSessiononOctober30,2012. cc.G.Thornes/BrianConnor
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND DEPARTMENT HEADS H. Request Approval of Taxi Medallion Transfers Presented by: Kelly Allmond, City Clerk
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Agenda Item # 15H Council Meeting November 5, 2012
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kelly L. Allmond Taxi Medallion Transfers October 19, 2012 Transfer of Medallion #160 and #172 On October 15, 2012, Wahled Saleh sold #160 and #172 to Fasil Fissha and Fasika Minwal Kulet for the amount of $6000.00 total. $1,500.00 was paid to the Town. Our Fleet to Independent Ratio holds at 20% (ratio can not fall below 15%) with 5 deactivated medallions $1,500.00 Revenue Approve the transfer of Medallion #160 and #172. Deny the transfer. Kelly Allmond, City Clerk Michael Sherman, License Inspector Michelle Monico, OCPD Records Manager
ISSUE(S): SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF:
COORDINATED WITH: ATTACHMENT(S): Bill of Sale w/receipt
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 15. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND DEPARTMENT HEADS I. Request Approval of 2013 Regular and Work Session Meeting Dates Presented by: David Recor, City Manager
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Agenda Item # Council Meeting 15I 11/5/12
TO: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager 2013 Regular and Work Session Meeting Dates October 23, 2012 Consideration of Mayor and City Council 2013 meetings dates. According to the Charter of the Town of Ocean City, Section C404, it is required that the Mayor and Council meet at regular times, but no less than once a month. Regular City Council meetings are set on the first and third Monday of each month at 6:00 p.m. If the Monday meeting falls on a scheduled municipal holiday, the meeting is moved to the following day. Work Sessions are scheduled at 12:00 p.m. on the Tuesday prior to the Regular Council Meeting. In the event that the Work Session falls on a scheduled holiday, the meeting is moved to the following day.
ISSUE(S): SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
None Approve proposed meeting dates Revise dates David L. Recor, ICMA-CM, City Manager Diana Chavis, Executive Office Associate 1) 2013 M&CC Regular and Work Session Proposed Schedule 2) 2013 Yearly Calendar
MAYOR AND CITY COUNCIL REGULAR MEETINGS 2013

The Mayor and City Council meet for their Regular Session on the 1st and 3rd Monday of every month. If Monday is a holiday, the meeting is held the following day. All meetings begin at 6:00 p.m. January 7, 2013 Tuesday, January 22, 2013 February 4 2013 Tuesday, February 19, 2013 March 4, 2013 March 18, 2013 April 1, 2013 April 15, 2013 May 6, 2013 May 20, 2013 June 3, 2013 June 17, 2013 July 1, 2013 July 15, 2013 August 5, 2013 August 19, 2013 Tuesday, September 3, 2013 September 16, 2013 October 7, 2013 October 21, 2013 November 4, 2013 November 18, 2013 December 2, 2013 December 16, 2013
MAYOR AND CITY COUNCIL WORK SESSIONS 2013

Work Sessions are held the Tuesday prior to a Regular Monday night meeting. All meetings are held at 12:00 p.m. on Tuesday afternoon unless otherwise noted.
January 15, 2013 January 29, 2013 February 12, 2013 February 26, 2013 March 12, 2013 March 26, 2013 April 9, 2013 April 30, 2013 May 14, 2013 May 28, 2013 June 11, 2013
July 9, 2013 July 30, 2013 August 13, 2013 August 27, 2013 September 10, 2013 October 1, 2013 October 15, 2013 October 29, 2013 November 12, 2013 November 26, 2013 December 10, 2013
H:\Word\2013 Mayor and City Council Meeting Schedule.doc
2013 Calendar
Regular Monday Night Meetings are in Bold Work Session Meetings are Italicized Holidays are crossed out June 24-27 MML Conference
January 2013
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October 2013
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December 2013
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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 16 COMMENTS FROM CITIZENS - 5 MINUTE TIME LIMIT
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 17 COMMENTS FROM THE CITY MANAGER
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 5, 2012 18 COMMENTS FROM THE MAYOR AND CITY COUNCIL

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November 5 2012 Complete Agenda

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AGENDA MAYOR AND CITY COUNCIL REGULAR SESSION MONDAY, NOVEMBER 5, 2012 5:00 P.M.

Action(s) taken: Motion to close meeting:

BID SPREAD SHEET

CAROLINE STREET COMFORT STATION

BID BOND: YES X NO STAFF ESTIMATE: BUDGET ALLOCATION:

INFORMATION FOR BIDDERS

*Insert a 'corporation', a 'partnership', or an 'individual' as applicable.

_________________________________ _________________________________ Address

_________________________________ License Number (Seal-if BID is by a corporation) Attest

The White Marlin Capital of the World

TO: FROM: RE: DATE:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

Sec. 30-381. - Legislative findings.

(Code 1972, 67-26)

Sec. 30-382. - Violations punishable as misdemeanor.

(Code 1972, 67-35)

Sec. 30-383. - Violations punishable as municipal infraction.

Sec. 30-384. - Applicability.

(Code 1972, 67-33; Ord. No. 2008-5, 3-3-2008)

Sec. 30-386. - Notification to owners and tenants of noise level standards.

(Code 1972, 67-34; Ord. No. 2008-5, 3-3-2008)

Secs. 30-38730-400. - Reserved.

Subdivision II. - Permit

Subdivision II. - Permit

Sec. 30-401. - Required.

Sec. 30-402. - Required information; issuance.

(Code 1972, 67-29; Ord. No. 2002-5, 4-1-2002)

Subdivision II. - Permit

Sec. 30-403. - Term; renewal; grounds for denial or nonrenewal.

Subdivision II. - Permit

(Code 1972, 67-31)

Sec. 30-405. - Appeals; issuance of temporary permit.

Secs. 30-40630-500. - Reserved.

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

ACTURIAL ANALYSIS SCOPE OF SERVICES

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v.1 RESUME.MC.pdf (35k) Alicia Doyle, Jul 19, 2012 11:28 AM

The White Marlin Capital of the World

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137 3,575.00 0.00 0.00 50.00 3,575.00 0.00 0.00 3,525.00

The White Marlin Capital of the World

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FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES:

RESPONSIBLE STAFF: COORDINATED WITH:

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

DATE: October 4, 2011

PROPOSAL NO.: 155

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FISCAL IMPACT: RECOMMENDATION:

_ _ Address