March 4 2013 Complete Agenda

MAYORANDCITYCOUNCIL
REGULARSESSION
Monday,March4,20136:00P.M. AClosedSessionisscheduledfrom5:45to6:00p.m.todiscusslegalandpersonnelmatters.
AGENDA
1.
CALLTOORDER PRAYERANDPLEDGE REPORTONCLOSEDSESSIONMonday,March4,20135:45p.m. APPROVALOFMINUTES A. WorkSessiondatedFebruary12,2013 B. RegularSession#3datedFebruary19,2013 ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCIL A. AppointmentofCouncilCommitteesandCommissionspresentedbyMayorMeehan COMMENTSFROMTHEPUBLIC

Any person who may wish to speak on any matter at the Regular Session may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriatebytheCouncilPresident.Anyonewishingtobeheardshallstatetheirname,addressand thesubjectonwhichheorshewishestospeak.
2. 3. 4. 5. 6.
7. 8. 9. 10. 11. PUBLICHEARINGS A. FY2014AnnualTransportationGrant ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR A. SecondReadingOrdinance201302toAmendChapter39EntitledFranchises(toprohibit vendinginanyareasouthof27thStreetandeastofBaltimoreAvenue) B. FirstReadingOrdinancetoAdoptFY13BudgetAmendment#1 C. FirstReadingOrdinancetoAmendChapter110,EntitledZoning(topermitminiaturegolfasa conditionaluseintheDowntownMixedUsezoningdistrict) MISCELLEANEOUSREPORTSANDPRESENTATIONS A. RequestfromWilliamRothermeltoApproveConceptforEagleScoutServiceProject CONSENTAGENDA A. RequestfromCaineWoodsCommunityAssociationtoServeBeerandWineatAssociation Events
MayorandCityCouncilRegularSessionAgenda
12. 13. 14.
March4,2013
D. FirstReadingOrdinancetoAmendChapter110,EntitledZoning(toclarifythecalculationof requiredparkingforMixedUsedevelopment) E. ResolutionAuthorizingtheSaleofSurplusPersonalProperty(four(4)trolleystylebuses) F. ResolutionAuthorizingtheCityManagertoFileanApplicationwiththeMarylandTransit AdministrationforGrants G. ResolutiontoAuthorizetheSaleofFood,BeveragesandMerchandiseforAirShow H. ApprovalofOceanCityPoliceDepartmentGeneralOrder400D2,DealingwithIndividuals withDisabilitiesandADARequirements COMMENTSFROMTHECITYMANAGER A. ReviewofTentativeMarch12,2013,WorkSessionAgenda COMMENTSFROMTHEMAYORANDCITYCOUNCIL ADJOURN
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 3 Report on Closed Session Monday, March 4, 2013 5:45 p.m. Legal and Personnel Matters
NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY DATE AND TIME: PLACE: SUBJECT: VOTE: Monday, March 4, 2013 5:45 p.m. City Hall Legal and Personnel Matters UNANIMOUS OTHER: FOR: AGAINST: ABSTAIN: ABSENT:
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 X 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; X 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
REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY Prior to this open session of the Mayor and City Council being held on Monday, March 4, 2013, a closed session was held on Monday, March 4, 2013 at 5:45 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 Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; Brent Ashley; Dennis Dare, Margaret Pillas and Joe Mitrecic City Solicitor Guy Ayres Executive Office Associate Diana Chavis Action(s) taken: Motion to close meeting:
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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 4 APPROVAL OF MINUTES A. Work Session dated February 12, 2013 B. Regular Session #3 dated February 19, 2013
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 5 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL A. Appointment of Council Committees and Commissions presented by Mayor Meehan
Mayor and City Council Legislative Committees and Commissions Presented by Mayor Rick Meehan At the Council Meeting of January 29, 2013, the Council voted to reinstate the Mayor and City Council Legislative Committees and Commissions listed below. At that meeting, the Council President asked that all council members let me know what committees and or commissions they maybe interested in serving on. On 2/9/2013, I sent an email to all Council Members asking them to email to me their requests if they had not already done so. On Monday February 18, 2013, I sent individual emails to both Council Members Pillas and Ashley who had not yet replied. On Tuesday February 26, 2013, I spoke personally with both Council Member Pillas and Council Member Ashley and both stated they were not interested in serving on the council committees and commissions as proposed. Based on this information and confirmation by the Council, I appoint the following members to the Mayor and Council Legislative Commissions and Committees: POLICE COMMISSION Mayor Rick Meehan Doug Cymek Lloyd Martin Dennis Dare NOSIE BOARD LIASON Doug Cymek Alternate: Lloyd Martin BEACH MEDIATION Joe Mitrecic Alternate: Mary Knight TRI-COUNTY COUNCIL Mayor Rick Meehan Joe Mitrecic TOURISM COMMISSION Mayor Rick Meehan Mary Knight Dennis Dare Joe Mitrecic PENSION COMMITTEE Mayor Rick Meehan Council President Martin RISK RETENTION COMMITTEE Doug Cymek Alternate: Dennis Dare HUMANE SOCIETY COMITTEE Mayor Rick Meehan Mary Knight Dennis Dare COASTAL RESOURCES LEGISLATIVE COMMITTEE Mary Knight MARYLAND COASTAL BAYS FOUNDATION BOARD OF DIRECTORS Dennis Dare
AMERICANS WITH DISABILITIES Mary Knight
RECREATION AND PARKS COMMITTEE Dennis Dare Lloyd Martin Joe Mitrecic
The Tourism Commission will also include: 1 representative from the Hotel Motel Restaurant Association 1 representative from the Ocean City Chamber of Commerce 1 representative from the Economic Development Committee 1 representative from the Ocean City Development Corporation The Chairman of the State Tourism Commission non voting member Meetings will also include: The City Manager The Director of Tourism The Director of the Convention Center Representative from Ocean City Special Events Executive Director of HMRA Executive Director of The Chamber of Commerce
The Police Commission meetings will also include: The City Manager The Chief of Police
The Parks and Recreation Advisory Board meetings will also include: The City Manager The Director of Parks and Recreation
A Council Chairperson will be chosen for each committee. Agendas for these meetings will be prepared by the Commission or Committee Chairperson and the Department Head. Minutes of these meetings will be taken and placed on the agenda at a regularly scheduled meeting of the Mayor and City Council and reported by the Chairperson. Meetings will be open to the public and the press. Closed session guidelines will be followed.
Surfing Committee: Presented by Mayor Rick Meehan Shelly Dawson Surfriders Chris Shanahan K Coast Surf Shop Chris Tilghman - Resident Lee Gerachis Malibus Surf Shop Joe Groves Plaza Condominium/ DCMA Jon Tremellen Princess Royal Hotel Mick Chester Rick Pairo Greg Shockley Shorehman Hotel Butch Arbin Captain Beach Patrol Ward Kovacs Beach Patrol Tom Shuster Director Parks and Recreation David Recor City Manager
Members of The Parks and Recreation Advisory Committee Dennis Dare ddare@oceancitymd.gov 443-235-4444 Lloyd Martin lmartin@oceancitymd.gov 443-235-4408 Joe Mitrecic jmitrecic@oceancitymd.gov 410-251-1716
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 6 COMMENTS FROM THE PUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 7. CONSENT AGENDA A. Request from Caine Woods Community Association to Serve Beer and Wine at Association Events
TOWN OF
The White Marlin Capital of the World

Agenda Item # Council Meeting 7A March 4, 2013
TO: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Request to serve beer and wine in Fiesta Park February 26, 2013 Request to serve beer and wine in Fiesta Park The Caine Woods Community Association is requesting approval to serve beer and wine at four (4) community functions held in Fiesta Park on 141st Street. Per Sec. 58-73 of Town Code, the Mayor and City Council may permit public possession and consumption of alcoholic beverages for municipal permitted events on public property.
ISSUE(S): SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
None Approve request Do not approve request. Not applicable Not applicable Letter from Caine Woods Community Association Town Code Section 58-73
February 28, 2013
Mayor and City Council Town of Ocean City 301 Baltimore Avenue Ocean City, MD 21842 Dear Mayor and Council Members, The Caine Woods Community Association would like to request your permission to serve beer and wine at several of our community functions held in Fiesta Park. Specifically: April 13, 2013 June 22, 2013 Aug. 6, 2013 Aug. 24, 2013 Fiesta Park Clean-Up CWCA Community Picnic National Night Out CWCA Fall Community Picnic 10 a.m. 1 p.m. Noon 4 p.m. 6 p.m. - 8 p.m. 3 p.m. 6 p.m.
Your anticipated approval is greatly appreciated. Sincerely,
Dennis W. Dare President
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Sec. 58-73. - Public possession and consumption at municipal sponsored events.

Notwithstanding the provisions of section 58-71 and 58-72 of this division, upon allocation, the Mayor and City Council of Ocean City may permit the public possession and consumption of alcoholic beverages at municipal sponsored events and municipal permitted special events on the public property and municipal parking lots subject to such restrictions and conditions which the mayor and city council may impose.
(Code 1972, 71-6.1; Ord. No. 2010-19, 6-21-2010; Ord. No. 2010-20, 7-6-2010)
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2/28/2013
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 8. MISCELLANEOUS REPORTS AND PRESENTATIONS A. Request from William Rothermel to Approve Concept for Eagle Scout Service Project
TOWN OF

TO: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Eagle Scout Service Project February 27, 2013 Request approval of concept for Eagle Scout service project William Rothermel, a member of Boy Scout Troop 261, is requesting concept approval for an Eagle Scout service project that includes the design, construction and placement of historical markers in the Downtown area. None Approve project concept. Do not approve concept. Not applicable Ocean City Museum Society Downtown Association Ocean City Development Corporation Memorandum from William Rothermel
ISSUE(S): SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:
ATTACHMENT(S):
WILLIAM B. ROTHERMEL 3 DORCHESTER STREET OCEAN CITY, MARYLAND 21842
MEMORANDUM Mayor and City Council Eagle Scout Project February 25, 2013
TO: SUBJECT: DATE:
I AM A MEMBER OF BOY SCOUT TROOP 261 AND HAVE ACHIEVED THE RANK OF LIFE SCOUT. I AM NOW ELIGIBLE TO WORK TOWARDS THE RANK OF EAGLE. ONE OF THE PRIMARY COMPONENTS OF ACHIEVING EAGLE IS TO UNDERTAKE A PROJECT THAT ENHANCES THE WELFARE OF THE COMMUNITY. BECAUSE OF MY INTEREST IN THE HISTORY OF OCEAN CITY, I WOULD LIKE TO UNDERTAKE THE DESIGN, CONSTRUCTION AND PLACEMENT OF HISTORICAL MARKERS IN THE DOWNTOWN AREA. HOWEVER, BEFORE I OBTAIN PROJECT APPROVAL BY THE BOY SCOUTS DISTRICT EAGLE REPRESENTATIVE, I MUST OBTAIN AN ENDORSEMENT BY THE OWNER OF THE AREA THAT WILL BE IMPROVED BY THE PROJECT. CURRENTLY THERE ARE INFORMATIONAL SIGNS OR MARKERS OVERLOOKING THE INLET WHICH SPEAK MORE TO NATURE. I WOULD LIKE TO HIGHLIGHT AT LEAST TWO AREAS IN DOWNTOWN OCEAN CITY AND I AM OPEN TO SUGGESTIONS FOR OTHERS. ONE LOCATION IS WHERE THE TRAIN CAME INTO TOWN AND THE OTHER IS THE SITE WHERE THE TRAIN DEPOT WAS LOCATED. I BELIEVE THESE MARKERS WILL ENHANCE THE WALK ABILITY AND AESTHETICS OF THE DOWNTOWN AREA. THEREFORE I AM REQUESTING APPROVAL BY THE MAYOR AND CITY COUNCIL TO PROCEED WITH THIS PROJECT. I HAVE RECEIVED THE ENDORSEMENT OF THE OCEAN CITY MUSEUM SOCIETY, THE DOWNTOWN ASSOCIATION AND THE OCEAN CITY DEVELOPMENT CORPORATION. ONCE ALL THE APPROVALS ARE IN PLACE, I WILL WORK WITH THE MUSEUM, THE DOWNTOWN ASSOCIATION, AND THE OCDC TO DEVELOP THE CONTENT AND DESIGN OF THE MARKER. I WILL ALSO UNDERTAKE THE RAISING OF THE FUNDS NECESSARY FOR CONSTRUCTION. ONCE A DESIGN HAS BEEN ESTABLISHED I WILL COME BACK BEFORE YOU WITH AN UPDATE ON THE ACTUAL DESIGN AS WELL AS ACTUAL LOCATIONS. AT THAT POINT I WOULD BE LOOKING FOR AUTHORIZATION TO PROCEED. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 9 PUBLIC HEARING A. FY2014 Annual Transportation Grant
TOWN OF

TO: FROM: THRU: RE: DATE:
The Honorable Mayor, Council President and Members of Council George Thornes, Superintendent of Transportation David L. Recor, ICMA-CM, City Manager FY 2014 Annual Transportation Grant Public Hearing February 27, 2013 Public hearing for FY 2014 Annual Transportation Grants Each year the Town of Ocean City Transportation Department requests funding for transit services through the Maryland Transit Administration as a Section 5311 provider. This application is the mechanism that results in both operating and capital grants. Anticipated operating grant: $ 715,782 Anticipated ADA grant: $ 110,000 Anticipated capital grant: $ 3,104,000 Total anticipated grant funds of $ 3,929,782. These grants, coupled with our overall operating budget for FY14, results in a General Fund contribution reduction of $77,223 when compared to FY13.
ISSUE(S): SUMMARY:
FISCAL IMPACT:
RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:
Submit application to MTA. Do not submit application for grants. George Thornes, Superintendent of Transportation Guy Ayres, City Solicitor Hal Adkins, Public Works Director Jennie Knapp, Budget Manager PowerPoint
ATTACHMENT(S):
PUBLIC HEARING FY14 ANNUAL TRANSPORTATION PLAN

Overall Budget Revenues Fare Box Advertising Senior Bus Passes Coupon Book Sales Service Charges Greyhound Service Charges Medtrn Operating Grants Federal State ADA (State) General Fund Contributions Town Contribution is $77,223 less this year $5,546,343 $2,443,618 $ 210,000 $ 8,638 $ 172,708 $ 21,808 $ 13,015 $ 684,657 $ 31,125 $ 110,000 $1,850,774
CAPITAL
Typical Capital Funding is based on 80% Federal, 10% State and a 10% local match
29 40 Transit Busses (6 - 40 Transit Busses) Renovate the North End Transit Center Preventative Maintenance on Rolling Stock Renovate the Park & Ride Transit Center Preventative Maintenance Contract for Money Room Equipment Preventative Maintenance Contract for the Bus Barn Overhead Doors Purchase Passenger Shelters and Parts
TOTAL COST $13,166,000 $ $ $ $ $ $ 30,000 600,000 30,000 15,000 20,000 30,000
LOCAL MATCH $1,316,600 $ 272,400 $ 3,000 $ 60,000 $ 3,000 $ $ $ 1,500 2,000 3,000
TOTAL COST: 90/10 SPLIT ANTICIPATED FUNDING: 90/10 SPLIT
$13,891,000 $12,501,900 $ 3,449,000 $ 3,104,100
$1,389,100 $ 344,900
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 11 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading Ordinance 2013-02 to Amend Chapter 39 Entitled Franchises (to prohibit vending in any area south of 27th Street and east of Baltimore Avenue)
TOWN OF

TO: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Second reading for ordinance to change vehicle vending franchise criteria February 25, 2013 Ordinance to amend City Code, Section 39-507 Second reading of ordinance to prohibit vending in any area south of 27th Street and east of Baltimore Avenue. None Change the current code to allow proposed changes. Retain the current code. Not applicable Guy R. Ayres, City Solicitor 1) Ordinance 2013-02 2) City Code, Section 39-507
ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
First Reading __________ Second Reading ________ ORDINANCE 2013-02 AN ORDINANCE TO AMEND CHAPTER 39, ENTITLED FRANCHISES, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY THAT CHAPTER 39, ENTITLED FRANCHISES, OF THE CODE OF THE TOWN OF OCEAN CITY BE, AND IT IS HEREBY, AMENDED BY REPEALING AND REENACTING WITH AMENDMENT SUBSECTION 39-507(2), AS FOLLOWS: Sec. 39-507. Prohibitive acts. Each of the acts described in this section is prohibited. ... (2) For the franchise operator or any of his employees to vend during the hours of 10:00 p.m. to 10:00 a.m. of the following day or to vend from Coastal Highway, Baltimore Avenue, Philadelphia Avenue, Atlantic Avenue (beach and boardwalk) or east of Baltimore Avenue from 27th Street south to the Inlet. ... INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on February 19, 2013. ADOPTED AND PASSED, as amended by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on March 4, 2013. ATTEST: ______________________________ KELLY ALLMOND, Clerk Approved as to form: _______________________________________ RICHARD W. MEEHAN, Mayor _______________________________________ LLOYD MARTIN, President _______________________________________ MARY P. KNIGHT, Secretary
______________________________ GUY R. AYRES III, City Solicitor
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Sec. 39-507. - Prohibited acts.

Each of the acts described in this section is prohibited: (1) For anyone other than the franchise operator to vend prepared food items from public property or public ways within the corporate limits of Ocean City. This subsection shall not be construed to include the convention center property or Northside Park. For the franchise operator or any of his employees to vend during the hours of 10:00 p.m. to 10:00 a.m. of the following day, or to vend from Coastal Highway, Baltimore Avenue, Philadelphia Avenue, Atlantic Avenue (boardwalk) or east of Baltimore Avenue and south of 18th Street. For the franchise operator to utilize more than six vehicles to vend the prepared food products. For the franchise operator to play music, whether amplified or not, at a level in excess of 65 dB(A).
(2)
(3) (4)
(Code 1972, 100-5; Ord. No. 1996-23, 10-21-1996; Ord. No. 1999-2, 2-23-1999)
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2/25/2013
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 11 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR B. First Reading Ordinance to Adopt FY13 Budget Amendment #1
TOWN OF

Agenda Item # Council Meeting 11B March 4, 2013
TO: THRU: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Jennie Knapp, Budget Manager First reading of ordinance for FY 13 Budget Amendment #1 2/18/13
ISSUE(S): SUMMARY:
Ordinance first reading for FY 13 Budget Amendment #1 The budget amendment recognizes Room Tax exceeding budget estimates for first quarter of FY 13. Additional funds are taken from fund balance to cover Room Tax exceeding estimate for 2nd half of FY 12 and FY 12 unspent advertising funds. Fund balance is also used to cover the Inlet Lot parking controls and to cover prior year purchase orders The amount taken from prior year reserves (fund balance) increases $1,059,855 from $2,749,395 approved in the FY 13 Adopted Budget to $3,809,250. Pass ordinance for second reading. None Jennie Knapp, Budget Manager
FISCAL IMPACT:
RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
1) Budget amendment ordinance 2) Detail of changes
ORDINANCE 2013TOWN OF OCEAN CITY OPERATING BUDGET FISCAL YEAR 2013
SOURCE Section I, General Fund: A. Anticipated Revenue: Property Taxes Other Taxes Licenses and Permits Revenue From Other Agencies Charges For Services Fines and Forfeitures Other Revenue Prior Year Reserves Total Revenue B. Anticipated Expenditures: General Government Public Safety Public Works/Beach Maintenance Sanitation and Waste Removal Highways and Streets Economic Development -Tourism Culture and Recreation Debt Service Sub Total To Transportation Fund To Airport Fund To Convention Center Fund To Vehicle Trust To Capital Projects Total Expenditures
ADOPTED FY-2013
AMENDMENT # 1 FIRST READING
CHANGES
41,442,940 $ 14,359,087 3,883,300 4,395,639 8,725,492 675,000 424,344 2,749,395 76,655,197 $
41,442,940 $ 0 14,588,755 229,668 3,921,363 38,063 4,440,489 44,850 8,731,492 6,000 675,000 0 826,106 401,762 3,809,250 1,059,855 78,435,395 $ 1,780,198
3,665,533 $ 33,072,659 4,783,375 5,568,131 4,900,408 6,730,104 7,366,729 4,551,710 70,638,649 $ 1,927,997 116,976 1,483,575 488,000 2,000,000 76,655,197 $
3,666,245 $ 33,662,945 5,212,513 5,568,131 4,919,317 7,227,878 7,601,107 4,551,710
712 590,286 429,138 0 18,909 497,774 234,378 0
72,409,846 $ 1,771,197 1,927,997 0 125,977 9,001 1,483,575 0 488,000 0 2,000,000 0 78,435,395 $ 1,780,198
SOURCE Section II, Water Fund: A. Anticipated Revenue: Water Sales Water Fixture Charge Service Charges Capacity/Impact Fees Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ $
ADOPTED FY-2013
CHANGES
3,349,934 $ 3,486,777 186,794 55,440 102,808 7,181,753 $
3,349,934 $ 3,486,777 186,794 55,440 161,966 7,240,911 $
0 0 0 0 59,158 59,158
1,926,770 $ 3,121,098 1,068,885 1,065,000 7,181,753 $
1,926,770 $ 3,180,256 1,068,885 1,065,000 7,240,911 $
0 59,158 0 0 59,158
Section III, Transportation Fund: A. Anticipated Revenue: Bus Revenue Train Revenue Federal and State Grants Capital Asset Sales Transfer-In From General Fund Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Capital Outlay Total Expenditures $ 3,653,751 $ 3,421,656 1,530,000 8,605,407 $ 3,653,751 $ 3,691,966 1,737,159 9,082,876 $ 0 270,310 207,159 477,469 $ 2,951,577 $ 1,073,051 2,652,782 0 1,927,997 0 8,605,407 $ 2,945,077 $ 1,073,051 3,069,840 12,930 1,927,997 53,981 9,082,876 $ (6,500) 0 417,058 12,930 0 53,981 477,469
SOURCE Section IV, Wastewater Fund: A. Anticipated Revenue: Wastewater Treatment Charges Service Charges Build America Bond Subsidy Capacity/Impact Fees Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ $
ADOPTED FY-2013
CHANGES
11,041,867 $ 958,578 133,381 96,800 101,226 12,331,852 $
11,041,867 $ 958,578 133,381 96,800 151,604 12,382,230 $
0 0 0 0 50,378 50,378
4,199,765 $ 3,476,670 3,555,417 1,100,000 12,331,852 $
4,199,765 $ 3,527,048 3,555,417 1,100,000 12,382,230 $
0 50,378 0 0 50,378
Section V, Airport Fund: A. Anticipated Revenue: Fuel Sales Rents and Other Revenue State and Federal Grants Service Charges Transfer-In From General Fund Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ 311,695 $ 975,829 146,082 450,000 1,883,606 $ 311,695 $ 1,132,160 146,082 450,000 2,039,937 $ 0 156,331 0 0 156,331 $ 729,600 $ 351,530 427,500 108,000 116,976 150,000 1,883,606 $ 729,600 $ 351,530 427,500 108,000 125,977 297,330 2,039,937 $ 0 0 0 0 9,001 147,330 156,331
SOURCE Section VI, Municipal Golf Course Fund: A. Anticipated Revenue: Service Charges Sales and Concessions Other Revenue Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Transfer to General Fund Capital Outlay Total Expenditures
ADOPTED FY-2013
CHANGES
1,737,052 $ 446,097 56,628 0 2,239,777 $
1,737,052 $ 446,097 56,628 28,370 2,268,147 $
0 0 0 28,370 28,370
1,046,401 $ 1,042,618 150,758 0 2,239,777 $
1,046,401 $ 1,048,586 150,758 22,402 2,268,147 $
0 5,968 0 22,402 28,370
Section VII, Convention Center Fund: A. Anticipated Revenue: Service Charges State and County Grants Food & Beverage Tax Transfer-In From General Fund Prior Year Reserves Contributed Equity Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Transfer to Debt Service Reserves Capital Outlay Total Expenditures
1,813,428 $ 1,549,102 1,110,000 1,483,575 1,087,642 0 7,043,747 $
1,813,428 $ 1,549,102 1,110,000 1,483,575 1,150,534 0 7,106,639 $
0 0 0 0 62,892 0 62,892
2,967,379 $ 1,648,058 2,328,310 100,000 0 7,043,747 $
2,967,379 $ 1,710,950 2,328,310 100,000 0 7,106,639 $
0 62,892 0 0 0 62,892
SOURCE Section VIII, Information Technology Fund: A. Anticipated Revenue: Service Charges To Other Funds Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Capital Outlay Total Expenditures $ $
ADOPTED FY-2013
CHANGES
1,743,443 $ 0 1,743,443 $
1,743,443 $ 44,841 1,788,284 $
0 44,841 44,841
920,978 $ 822,465 0 1,743,443 $
920,978 $ 867,306 0 1,788,284 $
0 44,841 0 44,841
Section IX, Service Center Fund: A. Anticipated Revenue: Service Charges To Other Funds Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ 1,825,261 $ 3,535,101 0 0 5,360,362 $ 1,825,261 $ 3,558,307 0 0 5,383,568 $ 0 23,206 0 0 23,206 $ 5,360,362 $ 0 5,360,362 $ 5,360,362 $ 23,206 5,383,568 $ 0 23,206 23,206
SOURCE Section X, Vehicle & Equipment Trust Fund: A. Anticipated Revenue: Service Charges To Other Funds State and Federal Grants Sale of Assets Transfer In From General Fund Prior Year Reserves Total Revenue B. Anticipated Expenditures: Non-Personal Services Debt Service Transfers Out Capital Outlay Total Expenditures $ $
ADOPTED FY-2013
CHANGES
2,380,353 $ 1,984,500 150,000 488,000 0 5,002,853 $
2,344,992 $ (35,361) 3,602,793 1,618,293 150,000 0 488,000 0 140,833 140,833 6,726,618 $ 1,723,765
760,721 $ 0 0 4,242,132 5,002,853 $
785,721 $ 25,000 0 0 0 0 5,940,897 1,698,765 6,726,618 $ 1,723,765
Section XI, Risk Management Fund: A. Anticipated Revenue: Service Charges To Other Funds Interest Earned Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services/Claims Capital Outlay Total Expenditures $ 236,940 $ 1,937,895 0 2,174,835 $ 236,940 $ 1,938,749 0 2,175,689 $ 0 854 0 854 $ 2,109,754 $ 65,081 0 2,174,835 $ 2,109,754 $ 65,081 854 2,175,689 $ 0 0 854 854
SOURCE Section XII, Pension Trust Funds: A. Anticipated Revenue: Employer Contributions Employee Contributions Investment Earnings Total Revenue B. Anticipated Expenditures: Benefit Payments Non-Personal Services Reserve for Employee's Retirement Total Expenditures Section XIII, OPEB Trust Funds: A. Anticipated Revenue: Employer Contributions Employee Contributions Investment Earnings Total Revenue B. Anticipated Expenditures: Benefit Payments Non-Personal Services Reserve for Retiree Health Total Expenditures
ADOPTED FY-2013
CHANGES
6,128,044 $ 1,715,000 3,925,000 11,768,044 $
6,128,044 $ 1,715,000 3,925,000 11,768,044 $
0 0 0 0
4,225,000 $ 600,000 6,943,044 11,768,044 $
4,225,000 $ 600,000 6,943,044 11,768,044 $
0 0 0 0
3,858,750 $ 155,000 235,000 4,248,750 $
3,858,750 $ 155,000 235,000 4,248,750 $
0 0 0 0
850,000 $ 55,000 3,343,750 4,248,750 $
850,000 $ 55,000 3,343,750 4,248,750 $
0 0 0 0
SOURCE Section XIV, General Capital Projects Fund: A. Anticipated Revenue: General Fund Contribution Bond Proceeds Inlet Lot Parking Revenue Total Revenue B. Anticipated Expenditures: Street Paving Reserve for Future Capital Projects Total Expenditures $ $
ADOPTED FY-2013
CHANGES
2,000,000 0 290,000 2,290,000 $
2,000,000 0 290,000 2,290,000 $
0 0 0 0
2,000,000 290,000 2,290,000 $
2,000,000 290,000 2,290,000 $
0 0 0
Section XIV, All Funds Expenditure Summary: General Fund Water Fund Transportation Fund Wastewater Fund Airport Fund Municipal Golf Course Fund Convention Center Fund Management Information Services Fund Service Center Fund Vehicle & Equipment Trust Fund Risk Management Fund Pension Trust Funds OPEB Trust Fund Sub Total LESS: Interfund Transfers Total Expenditures Capital Projects Fund - General Grand Total $ $ $ 76,655,197 $ 7,181,753 8,605,407 12,331,852 1,883,606 2,239,777 7,043,747 1,743,443 5,360,362 5,002,853 2,174,835 11,768,044 4,248,750 146,239,626 $ (27,597,254) 118,642,372 $ 2,290,000 120,932,372 $ 78,435,395 $ 1,780,198 7,240,911 59,158 9,082,876 477,469 12,382,230 50,378 2,039,937 156,331 2,268,147 28,370 7,106,639 62,892 1,788,284 44,841 5,383,568 23,206 6,726,618 1,723,765 2,175,689 854 11,768,044 0 4,248,750 0 150,647,088 $ 4,407,462 (27,570,894) 26,360
123,076,194 $ 4,433,822 2,290,000 0
125,366,194 $ 4,433,822
Section XV, Special Authorization - Budget Manager: The Budget Manager shall be authorized to reallocate departmental appropriations among the various objects of expenditures as she deems necessary. Such changes shall be approved by the Finance Administrator & City Manager. Section XVI, Restrictions - City Manager: A. The utilization of any contingency appropriation shall be accomplished only with prior authorization from the Mayor and Council. B. Utilization of appropriations established in the Capital Improvement Fund may be accomplished only with the express approval of the Mayor and Council. Section XVII, Tax Rate: An Ad Valorem Tax Rate of $0.4585 per $100 of assessed valuation of real property and a rate of $1.29 per $100 of assessed valuation of corporate and personal property tax is required to fund this budget. INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on March 4, 2013. ADOPTED AND PASSED, by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on March 18, 2013.
DAVID L. RECOR, CITY MANAGER
RICHARD W. MEEHAN, MAYOR
KELLY L. ALLMOND, CITY CLERK
LLOYD MARTIN, PRESIDENT
MARY P. KNIGHT, SECRETARY ADOPTED: Date MOTION TO ADOPT BY: MOTION SECONDED BY: VOTE: FOR: AGAINST:
Changes Since Adopted Budget

General Fund Revenue:
Other Taxes Licenses and Permits Revenue from Other Agencies Charges for Services Other Revenue 229,668 Room Tax over estimate 38,063 Prior year Critical areas and Stormwater mitigation project balances 44,850 159,965 prior year grant balances; 119,000 NSP Outdoor Exercise Equipment grant; 35,885 Public Safety grants; (270,000) County Tourism grant 6,000 Donations for Sunset Park Winterfest decorations 401,762 326,585 balance brought forward in Mounted unit donation account; 1,415 Beach wheelchair donation; 73,440 Tree of Life project balance brought forward; 322 interest earned on prior year project balance 1,059,855 305,601 FY 12 Room Tax over estimate; 87,531 FY 12 unspent advertising funds; 400,000 Inlet Lot parking controls; 221,722 prior year purchase orders; 36,000 District Court roof; 9,001 Airport mower attachment 1,780,198
Appropriated Fund Balance
General Fund Expenses:

General Government Public Safety 712 Prior Year purchase orders 590,286 67,529 prior year purchase orders; 160,287 prior year grant balances; 35,885 FY 13 Public Safety grants; 326,585 Mounted unit donation balance; 429,138 9,172 prior year purchase orders; 400,000 Inlet Lot parking controls; 36,000 District Court roof; (27,791) Sunfest labor expense; 11,757 Critical Areas project balances; 18,909 4,066 prior year purchase orders; 26,306 Stormwater mitigation project balances; (11,463) Sunfest labor expense 497,774 92,903 prior year purchase orders; 622,800 increase in advertising budget; (270,000) reduction of advertising budget due to loss of County Tourism grant; 46,071 Sunfest labor expense; 6,000 Sunset Park Winterfest decorations 234,378 47,340 prior year purchase orders; 119,000 NSP Outdoor exercise equipment; 73,440 Tree of Life Project balance; 1,415 Beach wheelchair donation; (6,817) Sunfest labor expense 9,001 Additional funding for mower attachment 1,780,198
Public Works/Beach Maintenance Highways and Streets Economic Development - Tourism
Culture and Recreation Transfer to Airport
Water Fund Revenue:

Prior Year Reserves 59,158 Prior year purchase orders 59,158
Water Fund Expenses:

Non-Personal Services 59,158 Prior year purchase orders 59,158
Transportation Fund Revenue:

Bus Revenue Federal and State Grants Capital Asset Sales Prior Year Reserves (6,500) Budgeted local match for grant purchases was $203,000. Actual amount was $196,500. General Fund contribution kept in Transportation and used to lower revenue estimate 417,058 475,449 prior year grant balances brought forward; (58,391) grant adjustments 12,930 Proceeds from bus sale 53,981 1,153 prior year purchase orders; 52,828 prior year grant balances brought forward 477,469
Transportation Fund Expenses:

Non-Personal Services Capital Outlay 270,310 1,153 prior year purchase orders; 12,930 purchase of bus shelters; 253,277 prior year grant balances 2,950 grant revision 207,159 275,000 prior year grant balance; (67,841) grant adjustments 477,469
Wastewater Fund Revenue:

Prior Year Reserves 50,378 Prior year purchase orders
Wastewater Fund Expenses:

Non-Personal Services 50,378 Prior year purchase orders
Airport Fund Revenue:

Transfer-In From General Fund Prior Year Reserves 9,001 Funding for mower attachment 147,330 Prior year purchase orders 156,331
Airport Fund Expenses:

Non-Personal Services 156,331 147,330 prior year purchase orders ; 9,001 boom mower attachment
Golf Course Fund Revenue:

Golf Course Fund Expenses:

Non-Personal Services Capital Outlay 5,968 Prior year purchase orders 22,402 Prior year purchase orders 28,370
Convention Center Revenue:

Convention Center Expenses:

IT Revenue:
IT Expenses:
Service Center Revenue:

Service Center Expenses:

Vehicle Trust Fund Revenue:

Service Charges to Other Funds State and Federal Grants Prior Year Reserves (35,361) Reduction in cellular antenna rental estimates 1,618,293 1,267,493 prior year grant balances (bus purchase); 350,800 additional grant funds 140,833 Local match portion of prior year grant balances 1,723,765
Vehicle Trust Fund Expenses:

Non-Personal Services Capital Outlay 25,000 Fund removal of equipment from water tower during painting 1,698,765 1,408,326 prior year grant balances brought forward; 350,800 additional grant funds; (60,361) reduction of contingency for radio purchase 1,723,765
Risk Management Revenue:

Prior Year Reserves 854 Prior year purchase orders
Risk Management Expenses:

Non-Personal Services/Claims 854 Prior year purchase orders
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 11 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR C. First Reading Ordinance to Amend Chapter 110, Entitled Zoning (to permit miniature golf as a conditional use in the Downtown Mixed Use zoning district)
336
TOWN OF

Agenda Item # Council Meeting 11C March 4, 2013
TO: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Code amendment adding miniature golf as conditional use in the DMX zone February 27, 2013 First reading of ordinance to amend zoning code This ordinance will reinsert language in the DMX zone to allow this low-impact commercial use to be reviewed through the Conditional Use process in order to protect the surrounding neighborhoods. The Planning Commission unanimously recommends this code amendment after the public hearing held on January 23, 2013.
ISSUE(S): SUMMARY:
FISCAL IMPACT:
Income generating, low-impact commercial use within a mixed-use, commercial/residential district. Pass ordinance for second reading. None
anticipated
RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF:
Matthew G. Margotta, AICP, Director of Planning & Community Development R. Blaine Smith, Assistant Director of Planning & Zoning Glenn Irwin, Executive Director, Ocean City Development Corp. Planning Commission Ordinance
COORDINATED WITH: ATTACHMENT(S):
First Reading __________ Second Reading ________ ORDINANCE 2013AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND IT IS HEREBY, AMENDED BY ADDING SUBSECTION 8 TO SECTION 110-664, AS FOLLOWS: Sec. 110-664. Uses permitted by conditional use. ... (8) Miniature golf. INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on March 4, 2013. ADOPTED AND PASSED, by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on March 18, 2013. ATTEST: ______________________________ KELLY ALLMOND, Clerk Approved as to form: _______________________________________ RICHARD W. MEEHAN, Mayor _______________________________________ LLOYD MARTIN, President _______________________________________ MARY P. KNIGHT, Secretary
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 11 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR D. First Reading Ordinance to Amend Chapter 110, Entitled Zoning (to clarify the calculation of required parking for Mixed Use development)
TOWN OF

Agenda Item # Council Meeting 11D March 4, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Matthew G. Margotta, AICP, Director of Planning & Community Development Code amendment determining how to calculate required parking in mixed uses February 27, 2013 First reading of ordinance to provide clarity for calculation of required parking in mixed uses Having received a legal challenge to interpretation & practice involving a mixed-use project, the Planning Commission determined it was necessary to amend the existing language. The Planning Commission unanimously recommends the proposed new language to make the Code explicit to reflect our ongoing policies after the public hearing held on November 20, 2012.
ISSUE(S): SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF:
None Pass ordinance for second reading. None Matthew G. Margotta, AICP, Director of Planning & Community Development R. Blaine Smith, Assistant Director, Planning & Zoning Planning Commission Ordinance
COORDINATED WITH: ATTACHMENT(S):
First Reading __________ Second Reading ________ ORDINANCE 2013AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND THAT SAME IS HEREBY, AMENDED BY REPEALING AND REENACTING WITH AMENDMENT SUBSECTION 10-922(e) AND SUBSECTION 110-933(k), AS FOLLOWS: Sec. 110-933. Interpretation of minimal requirements: ... (e) Where a fractional space results after tabulating the total number of required spaces, the parking spaces required shall be construed to be the next highest whole number. (k) In the case of mixed uses, or uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or premises by more than one that one use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computer separately, except that in such mixed uses the computation shall not be subject to the base minimum requirement specificed in Section 110-932(b) above for individual uses; and that the parking requirements for permitted accessory retail and services uses in a hotel, motor or motor lodge containing 50 or more dwelling units may be reduced by the following percentages: (1) (2) (3) Retail sales, offices and service establishments, 30 percent; Restaurants and dining rooms, 50 percent; Ballrooms, banquet halls, meeting rooms and auditoriums, 70 percent.
INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on March 4, 2013. ADOPTED AND PASSED, by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on March 18, 2013.
ATTEST: ______________________________ KELLY ALLMOND, Clerk Approved as to form: _______________________________________ RICHARD W. MEEHAN, Mayor _______________________________________ LLOYD MARTIN, President _______________________________________ MARY P. KNIGHT, Secretary
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 11 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR E. Resolution Authorizing the Sale of Surplus Personal Property (four (4) trolley style buses)
TOWN OF

Agenda Item # Council Meeting 11E March 4, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager George Thornes, Superintendent of Transportation Disposal of Surplus Property February 27, 2013 Disposal of surplus property Propose to sell the four (4) remaining trolleys. Tri-County Council for the Lower Eastern Shore of Maryland is interested in purchasing two (2) trolleys. Delmarva Community Action expressed interest in purchasing the other two (2) trolleys. Increase in revenue of $26,760. Approve the sale of four (4) trolleys. The sale would be contingent on the MTAs approval. Do not approve sale. George Thornes, Superintendent of Transportation Hal Adkins, Director of Publics Works Joe Sobczak, Director of General Services Description of trolley program and justification to sell.
ISSUE(S): SUMMARY:
To: David L. Recor, ICMA CM, City Manager From: George T. Thornes, Superintendent of Transportation Ref: Sale of Surplus Items Date: February 27, 2013 In 2002 we received a grant to purchase eight trolleys. In 2006 the trolleys were put in service and used for three seasons. During the three-year period that followed, different routes were established in an effort to market the trolleys. Service was offered during our peak times of 4 p.m. through midnight, start times may have varied. Each route was met with extremely low ridership and high operating costs. Since disbandment of daily trolley service in 2009, we have used the remaining trolleys very little. We have made every effort possible to operate the trolleys in a manner that is beneficial to our transit system. The end result is basically the equipment does meet our needs in the transit system. As we head toward the summer of 2013, nothing operationally has changed that would effect the manner in which we use these trolleys. Additionally, the Tri-County Council for the Lower Eastern Shore of Maryland and Delmarva Community Action has expressed interest in purchasing two each. When considering this issue, please realize the Federal Transit Administration (FTA) guidelines state: if the rolling stock in question has not reached the useful life, they (FTA) will retain an investment in it until the useful life has been met. In this case the useful life will be met in 2015. The original purchase price of the Trolleys was $133,900. each with a local match of $13,390 each. Nomad Transportation, LLC appraised the trolleys for us, which resulted in a value of $66,900 each. Ocean City would receive $6,690 for each Trolley that is sold. The proceeds from the sale will go in an account to be used at a later date to purchase capital items. Based on the above information, I am seeking the approval of the Mayor and City Council to sell the trolleys individually. As always, this sale would be contingent on the MTAs approval. I will be in attendance on Monday 04, 2013 to answer any questions you may have.
CC: Hal Adkins, Director of Public Works Jim Parsons, Chief Deputy Director of Utilities Brian Connor, Assist. Superintendent of Transportation
RESOLUTION 2013A RESOLUTION AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY WHEREAS, THE Mayor and City Council of Ocean City has been advised by the Director of Public Works and the City Manager that there are four (4) Trolley style buses no longer needed for municipal operations; and WHEREAS, the Mayor and City Council have been advised that said buses have an appraised value of $66,900.00 each of which Ocean Citys pro rata interest would be $6,690.00 for each bus; and WHEREAS, the Tri-County Council for the Lower Eastern Shore of Maryland and Delmarva Community Action desire to purchase said buses. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of Ocean City, that the four (4) Trolley style buses be, and the same are hereby, declared to be surplus property of no further use by Ocean City; and BE IT FURTHER RESOLVED that said buses be sold to the Tri-County Council for the Lower Eastern Shore of Maryland and to Delmarva Community Action for the sum of $6,690.00 each, subject to the approval of the FTA and the MTA. Resolved THIS 4TH DAY OF March, 2013.
ATTEST: _________________________________ KELLY ALLMOND, Clerk Approved as to Form: _______________________________________ RICHARD W. MEEHAN, Mayor
_______________________________________ JAMES S. HALL, President _______________________________________ LLOYD MARTIN, Secretary
_________________________________ GUY R. AYRES III, City Solicitor
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 11 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR F. Resolution Authorizing the City Manager to File an Application with the Maryland Transit Administration for Grants
TOWN OF

Agenda Item # Council Meeting 11F March 4, 2013
TO: FROM: THRU: RE: DATE:
The Honorable Mayor, Council President and Members of Council George Thornes, Superintendent of Transportation David L. Recor, ICMA-CM, City Manager Resolution for annual transportation grant February 27, 2013 Resolution to authorize the city manager to file an application for grants under the Federal Transit Act In conjunction with the FY2014 annual transportation grant requests, this resolution authorizes the city manager to file an application with the Maryland Transit Administration for grants under the Federal Transit Act. Total anticipated grant funds of $ 3,929,782 Authorize city manager to file application. None George Thornes, Superintendent of Transportation Guy Ayres, City Solicitor Resolution
ISSUE(S): SUMMARY:
RESOLUTION 2013MAYOR AND CITY COUNCIL OF OCEAN CITY A RESOLUTION authorizing the City Manager, David L. Recor, to file an application with the Maryland Transit Administration of the Maryland Department of Transportation for Sections 5303, 5304, 5307, 5309, 5310, 5311, 5316 and/or 5317 grants under the Federal Transit Act. WHEREAS, the Maryland Transit Administration is the designated recipient in Maryland for grants under the Federal Transit Act. WHEREAS, the Administrator of the Maryland Administration of the Maryland Department of Transportation is authorized to make grants to counties and to local governments for a mass transportation program of projects, and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of the project costs in the program; and WHEREAS, it is required by the United States Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964 that, in connection with the filing of an application for assistance under the Federal Transit Act, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the United States Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definite procedures shall be established and administered to ensure that minority business shall have the maximum construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED this 4th day of March, 2013 by Mayor and City Council of Ocean City, the filing of the aforesaid application be endorsed, and BE IT FURTHER RESOLVED that the Mayor and City Council is hereby requested to endorse this resolution, thereby indicating approval thereof; and BE IT FURTHER RESOLVED that copies of this resolution be sent to the Maryland Transit Administration of the Maryland Department of Transportation. ATTEST: ______________________________ KELLY ALLMOND, Clerk _______________________________________ RICHARD W. MEEHAN, Mayor
Approved as to form:
_______________________________________ LLOYD MARTIN, President _______________________________________ MARY P. KNIGHT, Secretary CERTIFICATE
I DO HEREBY CERTIFY that on March 4, 2013 Richard W. Meehan, Mayor and Lloyd Martin, President, did in fact before us this date, sign and execute this application and the foregoing Resolution, being authorized so to do, and further that the foregoing Resolution is a true and exact copy. _______________________________________ Kelly Allmond, Clerk
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 11 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR G. Resolution Granting a Food, Beverage and Merchandise Franchise to OC Air Show, LLC
TOWN OF

Agenda Item # Council Meeting 11G March 4, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager John Sullivan, Special Events Director Resolution for food, beverage and merchandise franchise 02/27/13 To allow OC Air Show, LLC to conduct food, beverage and merchandise sales on the beach in the show center area A Food, Beverage and Merchandise Franchise will permit Bryan Lilley to sell beer, wine, malt beverages, food and merchanidse on the beach in the show center area during the period of Friday thru Sunday, June 7-9, 2013. Franchise will not increase the Towns financial support to the Air Show. Council approve resolution. Do not approve resolution. Thomas Shuster, Director of Recreation & Parks John Sullivan, Special Events Director City Staff, Mr. Bryan Lilley and the City Solicitor Resolution
ISSUE(S): SUMMARY:
RESOLUTION 2013A RESOLUTION GRANTING A FOOD, BEVERAGE AND MERCHANDISE FRANCHISE TO OC AIR SHOW, LLC NOW, THEREFORE, BE IT RESOLVED BY MAYOR AND CITY COUNCIL OF OCEAN CITY THAT OC AIR SHOW, LLC BE, AND IT IS HEREBY, GRANTED A FRANCHISE TO OPERATE A CONCESSION FOR SALE OF FOOD PRODUCTS, BEVERAGES (ALCOHOLIC AND NON-ALCOHOLIC INCLUDING MALT DRINKS, NOT TO EXCEED 22% ALCOHOL PER VOLUMN), MERCHANDISE AND MEMORABILIA COMMENORATING OCEAN CITY AIR SHOW 2013 ON THE BEACH AND WITHIN 75 FEET OF THE BOARDWALK (ATLANTIC AVENUE) BETWEEN 14TH AND 17TH STREETS ON FIRDAY, JUNE 7TH FROM 11:00 A.M. TO 4:00 P.M., ON SATURDAY, JUNE 8TH FROM 11:00 A.M. TO 4:00 P.M. AND 7:00 P.M. TO 10:00 P.M. AND ON SUNDAY, JUNE 9TH FROM 11:00 A.M. TO 4:00 P.M. AND TO OPERATE A CONCESSION FOR THE SALE OF MERCHANDISE AND MEMORBILIA COMMEMORATING THE OCEAN CITY AIR SHOW 2013 DURING THE SAME DATES AND TIMES ON THE EAST MOST 100 FEET OF 12TH STREET TO 14TH STREET (WITH WRITTEN PERMISSION OF THE BUSINESS/PROPERTY OWNERS IMMEDIATELY ADJACENT TO THESE STREETS), ON 15TH TO 18TH STREETS FROM BALTIMORE AVENUE TO THE BOARDWALK AND ON THE EAST MOST 50 FEET OF 19TH AND 20TH STREETS AND WITHIN A 300 FOOT BY 100 FOOT SPACE LOCATED IN THE NORTHWEST CORNER OF THE INLET PARKING LOT. City RESOLVED this 4th day of March, 2013 by the Mayor and City Council of Ocean
ATTEST: ____________________________ KELLY ALLMOND, Clerk Approved as to form: _____________________________________ RICHARD W. MEEHAN, Mayor _____________________________________ LLOYD MARTIN, President _____________________________________ MARY P. KNIGHT, Secretary
_____________________________ GUY R. AYRES III, City Solicitor
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 11 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR H. Approval of Ocean City Police Department General Order 400 D-2, Dealing with Individuals with Disabilities and ADA Requirements
TOWN OF

Agenda Item # Council Meeting 11H March 4, 2013
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Captain Gregory Guiton General Order Approval February 25, 2013 Approval of Ocean City Police Department General Order 400 D-2 General Order 400 D-2 was adopted on May 26, 2009, to address ADA issues police officers may encounter. The attached General Order revises the 2009 policy to include service animals as defined by the ADA and the Department of Justice. The additional information to the policy is highlighted in red. None Approve the General Order as submitted with revisions. None Not applicable Guy Ayres, City Solicitor General Order 400 D-2
ISSUE(S): SUMMARY:
INTERDEPARTMENTAL MEMO
DATE TO
: :
25 February 2013 Guy Ayres, Attorney at Law City Solicitor Gregory Guiton, Captain Police Department General Order Review G.O 400 D-2
FROM
SUBJECT
Attached you will find revisions to a current General Order entitled G.O. 400 D-2: Dealing with Individuals with Disabilities and ADA Requirements. The revisions are highlighted in red and pertain to service animals. Feel free to contact me with any questions or concern with the content of the policy. I can be reached at 410-723-6622.
Gregory Guiton Attachment
Ocean City Police Department General Order

Subject: Dealing with Individuals with Disabilities and ADA Requirements Rescinds: Amends: Related Directive: G.O. 400 D-2 (Dated 05/26/2009) Approval Date: Effective Date: Distribution Date: No. G.O. 400 D-2
Distribution Type: A
References: - AELE Monthly Journal (March 2009) - PERF Police and Mental Health - Title II of the Americans with Disabilities Act - The Potential for Governmental Liability and Possible Ways to Avoid it by Martha S. Stonebrook - Model Policy for Law Enforcement for communication with people who are deaf or hard of hearing (US Dept. of Justice) - Police Response to People with Disabilities, Eight-Part Series - Wikipedia - WebMD - 28 C.F.R. Part 35 - U.S. Dept. of Justice, ADA Homepage - http://www.ada.gov/
TABLE OF CONTENTS I. II. Purpose Definitions A. B. C. D. E. F. G. H. I. J. K. American with Disabilities Act (A.D.A.) Mobility Impairments Mental Illness Mental Retardation Epilepsy Speech Disorder Blindness Vision Impairment Hearing Impairment Auxiliary Aids or Services Service Animals
Subject: Dealing with Individuals with Disabilities and ADA Requirements
G.O. 400 D-2
III. IV. V. VI.
Policy Americans with Disabilities Act (ADA) General Guidelines when Interacting with Disabled Persons Specific Guidelines for Interacting with Americans with Disabilities Mobility Impairments Specific Guidelines for Interacting with Americans with Disabilities -- Mental Illness Specific Guidelines for Interacting with Americans with Disabilities Mental Retardation Specific Guidelines for Interacting with Americans with Disabilities Epilepsy or Seizure Disorders Specific Guidelines for Interacting with Americans with Disabilities Speech Impairment Specific Guidelines for Interacting with Americans with Disabilities Blindness and Vision Impairments Specific Guidelines for Interacting with Americans with Disabilities Hearing Impairment Specific Guidelines for Dealing With Service Animals Reporting Additional Information
VII.
VIII. IX.
X.
XI.
XII.
XIII. XIV. XV.
G.O. 400 D-2
I.
Purpose This Policy is a means to ensure the Department provides a consistently high level of service to all community members, including those affected by a disability. There are approximately 50 million Americans currently affected by a disability. These people are entitled to a level of service equivalent to that provided to other persons.
II.
Definitions A. American with Disabilities Act (A.D.A.): A Civil rights law that prohibits discrimination against people with disabilities by employers, businesses, and state and local governments. As part of state or local government, law enforcement agencies must make their programs accessible, make new facilities accessible, take steps to communicate effectively, and make reasonable modifications in policies, practices, and procedures to provide people with disabilities the same services and protections as provided to other members of the public with certain limitations. Mobility Impairment: A condition limiting physical ability; generally considered to include lack of a limb or loss of limb use due to disease, amputation, paralysis, injury, or developmental condition; or limitation of movement due to cardiovascular or other disease. Mental Illness: A psychological or behavioral pattern that occurs in an individual and is thought to cause distress or disability that is not expected as part of normal development or culture. Mental Retardation: A generalized, triarchic disorder, characterized by subaverage cognitive functioning and deficits in two or more adaptive behaviors with onset before the age of 18. Once focused almost entirely on cognition, the definition now includes both a component relating to mental functioning and one relating to the individual's functional skills in their environment. Epilepsy: A common chronic neurological disorder characterized by recurrent unprovoked seizures. These seizures are transient signs and/or symptoms of abnormal, excessive or synchronous neuronal activity in the brain. Speech Disorder: A type of communication disorder where 'normal' speech is disrupted. This can mean stuttering, lisps, etc. Someone who is totally unable to speak due to a speech disorder is considered mute. Sometimes referred to as Speech Impediments. Blindness: The condition of lacking visual perception due to physiological or neurological factors. Vision Impairment: Vision loss (of a person) having reduced vision as to constitute a handicap that constitutes a significant limitation of visual capability resulting from disease, trauma, or a congenital or degenerative condition that cannot be corrected by conventional means, including refractive correction, medication, or surgery. Also referred to as Visual Impairment.
B.
C.
D.
E.
F.
G.
H.
G.O. 400 D-2
I.
Hearing Impairment: A full or partial decrease in the ability to detect or understand sounds. Caused by a wide range of biological and environmental factors, loss of hearing can happen to any organism that perceives sound. "Hearing impaired" is often used to refer to those who are deaf, although the term hearing impaired is no longer politically correct. In Deaf culture, generally the terms Deaf and Hard of Hearing are preferred. Auxiliary Aids or Services: Used to communicate with people who are deaf or hard of hearing. These can include use of gestures or visual aids to supplement oral communication. Auxiliary Aids or Services can also include the use of a notepad and pen or pencil to exchange written notes; use of an assistive listening system or device to amplify sound for persons who are hard of hearing; or use of a qualified oral or sign language interpreter. Service Animal: Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. In addition, a public entity is required to make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
J.
K.
III.
Policy It is the Policy of the Department to assure its personnel are aware of and follow the guidelines and regulations set forth under Title II of the Americans with Disabilities Act in an effort to provide meaningful services to individuals inflicted with disabilities. This Policy shall not restrict officers from responding appropriately to real threats to health or safety, even if an individuals actions are a result of his/ her disability.
IV.
American With Disabilities Act (ADA) A. General Title II of the Americans with Disabilities Act (ADA) provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefit of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. A public agency is defined as any department, agency, special purpose district, or other instrumentality of a State or States or local government. Similarly, section 504 of the Rehabilitation Act states that no otherwise qualified individual with a disabilityshall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. It has been
G.O. 400 D-2
determined that claims brought under these statutes will be analyzed together and the case law interpreting each statute is applicable to both. Title II makes all activities of state and local governments subject to the same prohibitions against discrimination established by the Rehabilitation Act. Title II of the ADA applies to law enforcement agencies regardless of whether they receive federal grants or other federal funds because law enforcement agencies are deemed to be programs of state or local governments. The ADA affects the core activities of law enforcement departments including, but not limited to: receiving citizen complaints; interrogating witnesses; arresting, booking, and holding suspects; operating telephone (911) emergency centers; providing emergency medical services; and enforcing laws. Nothing in Title II, its regulations, or legislative history suggests that any police activities are excluded from Title II coverage. B. Title II Violation Claim In order to state a claim for violation of Title II of the ADA, an individual must prove all of the following: 1. 2. The person is a qualified individual with a disability. The person has been excluded from participation in or denied the benefits of services, programs, or activities provided by a public entity or was otherwise discriminated against by the public entity. The persons such exclusion, denial or discrimination was because of the persons disability.
3.
A person is considered to have a disability if the person has any of the following: 1. A physical or mental impairment that substantially limits one or more major life activities; Has a record of such impairment; or Is regarded as having such impairment.
2. 3. C.
Potential Liability for Title II Violations Not all complaints are initially filed by plaintiffs in federal court. An aggrieved individual can seek redress by filing a complaint with the United States Department of Justice (DOJ). The DOJ is authorized under 28 C.F.R. Part 35, Subpart F and 28 C.F.R. 35.104 to conduct compliance reviews and to determine an entitys compliance with Title II of the ADA. The DOJ is authorized to issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Additionally, the Attorney General of the United States is authorized pursuant to 42 U.S.C. 12133 to bring a civil action to enforce Title II of the ADA if the DOJ is unable to secure voluntary compliance. The mandates given by the DOJ to offending law enforcement agencies through settlement
G.O. 400 D-2
agreements and consent decrees are strict and leave the agency subject to DOJ oversight and compliance reviews at any time. Failure to conform with the requirements of the settlement agreement or consent decree exposes the agency to the potential for a civil action in federal court brought by the DOJ to demand specific compliance with the provisions and terms of the settlement agreement or consent decrees. D. Examples of Title II Violations -As a result of arrests by law enforcement : 1. Wrongful Arrest: The wrongful arrest theory arises when police have wrongfully arrested someone with a disability because they misperceived the effects of that disability as criminal activity. An example of this type of discrimination is when the police mistake the symptoms of an individuals stroke for operating under the influence and arrest him. Congress specifically addressed this type of wrongful arrest discrimination when the House Judiciary Committee stated that people with disabilities such as epilepsy are frequently inappropriately arrested and jailed because police officers have not received proper training in the recognition of and aid of seizures. The DOJ recognizes some of the common problems that people with disabilities have when dealing with law enforcement personnel. These problems can form the basis for claims of wrongful arrest if the law enforcement personnel misperceive an individuals conduct based upon a disability as unlawful or suspicious conduct. a. Unexpected actions taken by some individuals with disabilities may be misconstrued by officers as suspicious or illegal activity or uncooperative behavior. Individuals who are deaf or hearing impaired or who have speech disabilities or mental retardation, or who are blind or visually impaired may not recognize or be able to respond to police directions. These individuals may erroneously be perceived as uncooperative. Some people with disabilities may have a staggering gait or slurred speech as a result of their disabilities or the medications they take. These characteristics, which can be associated with neurological disabilities, mental or emotional disturbances or conditions, or medical conditions such as hypoglycemia, may be misperceived as intoxication.
b.
c.
The wrongful arrest theory, however, is not applicable when the plaintiffs actions were unlawful at the time of the arrest.
G.O. 400 D-2
2.
Reasonable Accommodation During Arrest: The reasonable-accommodation-during-arrest theory is based upon the contention that the law enforcement officer failed to reasonably accommodate the persons disability in the course of investigation or arrest, causing the person to suffer greater injury or indignity in that process than other arrestees. Unlike the wrongful arrest theory, this theory is based upon a proper investigation or arrest of a person with a disability for unlawful conduct unrelated to that disability. Although courts have recognized the reasonable-accommodation-during-arrest theory as viable, they have essentially foreclosed the application of that theory to on-the-street responses to exigent circumstances. The courts accept the position that Title II of the ADA does not apply when the suspect the police are attempting to arrest creates an exigent and dangerous circumstance by threatening officers or civilians.
3.
Failure to Train: Another theory of liability is based upon a failure to train officers on Title II of the ADA and on how to deal and interact with individuals with disabilities. Plaintiffs have successfully alleged that the failure of the city or county to properly train its law enforcement officers for peaceful encounters with individuals with disabilities resulted in Title II ADA discrimination. The Regulations interpreting Title II of the ADA state that a public entity (such as a law enforcement agency) shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of a disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program or activity. A public entity must also take the appropriate steps to ensure that its communications with individuals with disabilities are as effective as communications with others. In order to comply with the non-discrimination mandate, public employees must be trained. The DOJ puts great emphasis on training, making it a key provision of settlement agreements it reaches with law enforcement agencies. The DOJ also closely monitors policies to make certain that law enforcement agencies, and other governmental entities, follow the mandates of Title II.
V.
General Guidelines When Interacting with Disabled Persons A. Personnel shall avoid patronizing and condescending attitudes towards individuals with disabilities. It is also important to keep an open mind and not to dismiss someone as a witness or a suspect simply because they have a disability. Personnel shall be patient when interacting with individuals with disabilities. It may take extra time for someone with a disability to say, do, or show something.
B.
G.O. 400 D-2
C.
Personnel should speak directly to the disabled person, rather than rely on a third party for communication. Conversations should be in a normal tone of voice unless the person is hard of hearing. In that case, one should speak calmly and distinctly. If necessary, notes should be written or the use of an auxiliary aid or service. Personnel shall remember people with disabilities typically have normal intelligence. Some disorders impair more than one function, but usually the ability to think is not affected. Personnel should not automatically give assistance to an individual with a disability without first talking to the person. Help should be offered if the need seems obvious, but it should not be insisted upon or forced upon the individual. If assistance is requested follow the persons instructions.
D.
E.
VI.
Specific Guidelines for Interacting with Americans with Disabilities Mobility Impairments A. General 10 % of Americans are affected by mobility issues. General issues that can arise out of limited mobility include access to facilities and the use of stairs. Personnel are encouraged to remember not to compromise safety due to someones limited mobility. B. Specific Guidelines 1. 2. 3. Communicate with the person to assist in any mobility transfer. Maintain good eye contact - sit to be at the same eye level. Dont assume the disabled person automatically needs assistance. If assistance is requested, follow the disabled persons instructions. Dont automatically push a disabled person in a wheel chair unless asked to do so. Dont hold or lean onto a wheel chair, this is may be an invasion of personal space for the disabled person. Dont disable the chair without the disabled persons knowledge Dont speak in a patronizing tone. If an arrest is necessary, sworn personnel shall place handcuffs in front of the disabled person.
4.
5.
6. 7. 8.
G.O. 400 D-2
VII.
Specific Guidelines for Interacting with Americans with Disabilities -- Mental Illness A. General 10 million people are affected by a form of mental illness. Mental Illness can exhibit numerous different forms including the following: 1. 2. 3. Acute Anxiety exaggerated fears Obsessive compulsive disorder (OCD) irrational or repetitive behavior Post-traumatic stress disorder (PTSD) extreme fear due to specific trauma Manic Behavior overly active and disruptive Depression indifferent attitude or suicidal behavior Schizophrenia social withdrawal, hearing voices or having hallucinations Psychosis disoriented or delusional behavior
4. 5. 6.
7. B.
Specific Guidelines 1. Try to remain calm and non-threatening. The person affected may be extremely sensitive to the attitude displayed by police personnel. Be honest but tactful. If the officer loses the disabled persons trust, the officer may not be able to regain it. Ask about medication. Information about what medication(s) the disabled person is prescribed and when the disabled person last took it will help in assessing the situation. Remain alert, the disabled persons behavior may be unpredictable Most people with mental illness are not a threat. The affected disabled person is more often a greater threat to themselves than to others.
2.
3.
4. 5.
C.
Signs or Symptoms of Mental Illness 1. Loss of memory/disorientation: Temporary or permanent memory losses may be symptoms of a disturbance. This is not the common forgetting of everyday things, but rather the failure to remember the day, year, where one is, or other obvious personal information. Delusions: These are false beliefs that are not based in reality. They can cause a person to view the world from a unique or peculiar perspective.
2.
G.O. 400 D-2
The individual will often focus on persecution (e.g., believes others are trying to harm him or her) or grandeur (person believes he or she is God, very wealthy, a famous person, or possesses a special talent or beauty). 3. Depression: Depression involves deep feelings of sadness, hopelessness, or uselessness. Hallucinations: It is not unusual for some people with mental illness to hear voices, or to see, smell, taste, or feel imaginary things. The person experiences events that have no objective source, but that are nonetheless real to him or her. The most common hallucinations involve seeing or hearing things but can involve any of the senses (e.g., a person may feel bugs crawling on his or her body; smell gas that is being used to kill him or her; taste poison in his or her food; hear voices telling him or her to do something; or see visions of God, the dead, or horrible things). Manic behavior: Mania involves accelerated thinking and speaking or hyperactivity with no apparent need for sleep and sometimes accompanied by delusions of grandeur. Anxiety: Feelings of anxiety that are intense and seemingly unfounded. The person is in a state of panic or fright; may have trembling hands, dry mouth, or sweaty palms; or may be frozen with fear. Incoherence: A person may have difficulty expressing him-or herself clearly and exhibit disconnected ideas or thought patterns. Response: People with mental illness may process information more slowly than expected.
4.
5.
6.
7.
8. VIII.
Specific Guidelines for Interacting with Americans with Disabilities Mental Retardation A. General 1. Mental Retardation is considered the most misunderstood disability. Approximately 3% of the population is affected by Mental Retardation and there are 250 known causes of Mental Retardation. People with moderate retardation have an impaired ability to learn. They can learn to take care of their own needs but may be subjected to exploitation by others. People with severe retardation have a substantially impaired ability to learn. They may be largely dependant on others for their care but usually can provide basic self-care. People with mental retardation or people that are developmentally delayed:
2.
3.
4.
G.O. 400 D-2
a.
May be unable to organize their thoughts or understand abstract concepts. May also be easily confused or even distracted. b. Often possesses a very strong desire to please and may pretend to understand when they do not. May have difficulty describing what happened and may give repetitive responses to questions. Differ primarily in the rate at which they learn. This condition may not be immediately obvious to police personnel interacting with a person having mental retardation.
c.
B.
Specific Guidelines 1. Explain fully inform the disabled person who the investigating officer is and what the investigating officer expects of the disabled person. Use simple language - avoid complicated and yes/no questions. The disabled person may simply tell the officer what the disabled person thinks the officer wants to hear. Address one issue at a time the officer should make sure that the disabled person understands before moving to the next issue/question. Develop a rapport with the disabled person. Taking the time to do this will often help the officer get better information. Be calm and patient generally, interviewing a person with mental retardation will require more time.
2.
3.
4.
5. IX.
Specific Guidelines for Interacting with Americans with Disabilities Epilepsy or Seizure Disorders A. General Chronic neurological disorder is caused by brief malfunctions in the brain when an overload of electrical energy passes through the cells. Mild seizures resemble alcohol and/or or drug intoxication. Personnel should void physical contact with the disabled person but attempt to direct them in an attempt to avoid physical injury to the disabled person. Persons affected by seizures are usually nonresponsive during an episode. B. Specific Guidelines 1. Personnel should be alert for seizure symptoms. Some of these symptoms can include the following: Black out, confusion, deafness/ sounds, electric shock feeling, loss of consciousness, smell, spacing out, out of body experience, visual loss or
G.O. 400 D-2
blurring, fear/ pain, chewing movements, convulsion, difficulty talking, drooling, eyelid fluttering, eyes rolling up, falling down, foot stomping, hand waving, inability to move, incontinence, lip smacking, making sounds, shaking, staring, stiffening, swallowing, sweating, teeth clenching/ grinding, tongue biting, tremors, twitching movements, breathing movements, breathing difficulty, heart racing. 2. Protect the person from injury during the episode by guiding them toward safe areas but dont restrain them. Place nothing in their mouth. Offer assistance during recovery period after the episode subsides. If they are in police custody make sure they get their medications on time. If a person is arrested and they have a seizure medicine it is important that they be allowed to take the medication.
3. 4. 5. 6. X.
Specific Guidelines for Interacting with Americans with Disabilities Speech Impairment A. General A speech impairment refers to an impaired ability to produce speech sounds and may range from mild to severe. It may include an articulation disorder, characterized by omissions or distortions of speech sounds; a fluency disorder, characterized by atypical flow, rhythm, and/or repetitions of sounds; or a voice disorder, characterized by abnormal pitch, volume, resonance, vocal quality, or duration. B. Specific Guidelines 1. Dont assume the disabled persons speech is directly related to their intellect. There may not be any association with one another. Personnel should attempt to calm the disabled person before asking the disabled person questions. Personnel should be patient, listen carefully, and repeat back to the disabled person what was heard said by him/her. Personnel should not interrupt or try to finish the disabled persons sentence. Ask the disabled person to repeat or rephrase their response, if that doesnt help use pencil and paper to gather their responses. Personnel should not pretend to understand the disabled persons answer if in fact the answer was not understood.
2.
3.
4.
5.
6.
G.O. 400 D-2
7. XI.
Personnel should use their normal voice volume and should not speak in a louder than normal voice.
Specific Guidelines for Interacting with Americans with Disabilities Blindness and Vision Impairments A. General There are three types of vision impairments: 1. 2. 3. Visual Malfunctions: can be corrected with eyeglasses Vision Impairments: Adversely affects sight even with eyeglasses Severe Vision Impairments: Affects sight to such an extent that alternative methods must be used to read or travel
B.
Specific Guidelines 1. Personnel should identify themselves to the disabled person immediately and ensure that the disabled person knows that he/she is being addressed. Personnel should tell the disabled person what the he/she intends to do before taking action. If it should become necessary to lead a blind person, allow the blind person to grasp the arm just above the elbow. Personnel should walk just slightly in front of the blind person. Never grab a blind person by the arm and propel the blind person along. Personnel should stop completely before going up or down stairs or curbs to serve as a warning to the blind person that the terrain is about to change. When entering a doorway, explain to the disabled person which direction the door opens. Personnel should not pet or interact with a service animal unless being guided to do so by the disabled person who is in control of the animal.
2.
3.
4.
5.
6.
XII.
Specific Guidelines for Interacting with Americans with Disabilities Hearing Impairment A. General Police frequently encounter persons with moderate to profound hearing loss while carrying out their law enforcement duties. It has been estimated that 2 to 4 out of every 1,000 people in the U.S. are "functionally deaf." If people with a severe hearing impairment are included with those who are deaf, anywhere from
G.O. 400 D-2
9 to 22 out of every 1,000 people are included. If everyone with some sort of "trouble" with hearing is included, this includes from 37 to 140 out of every 1,000 people. Plainly, this includes a significant portion of the community, and hearing difficulties are especially prevalent among the elderly, already a particularly vulnerable segment of the community. Effective communication with a person who is deaf or hard of hearing involved in an incident whether as a victim, witness, suspect, or arrestee is essential in ascertaining what actually occurred, the urgency of the matter, and the type of situation. In some situations, the use of auxiliary aids or services will be required. To serve each individual effectively, primary consideration should be given to providing the type of communication aid or service requested by the individual. Personnel should find out from the person who is deaf or hard of hearing what type of auxiliary aid or service he or she needs. In situations when a non-disabled person would have access to a telephone, personnel must provide persons who are deaf or hard of hearing the opportunity to place calls using a teletypewriter (TTY, also known as a telecommunications device for deaf people, or TDD). Personnel must also accept telephone calls placed by persons who are deaf or hard of hearing through Telecommunications Relay Service. The Department will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Department will update this list annually. B. Specific Guidelines 1. Before speaking with the disabled person, personnel should gently get the disabled persons attention. Personnel should face the disabled person and shouldnt turn away while speaking. If an interpreter is used, personnel should speak directly to the deaf person, not the interpreter Personnel should speak at a normal rate and assure only one person speaks at a given time. Personnel should attempt to use short sentences and simple words. If the disabled person is using a hearing aid, personnel shouldnt assume the disabled persons hearing is normal.
2.
3.
4.
5. 6.
G.O. 400 D-2
7.
Personnel should attempt to minimize background noise and distractions whenever possible. Personnel should try to converse with the disabled person in a well lit area. Personnel should be aware not to cover their mouth or chew gum while speaking with the disabled person. Family members or children should not be used as interpreters.
8.
9. XIII.
Specific Guidelines for Interacting with Americans with Disabilities Those Using Service Animals A. General Guideline 1. Service animals perform some of the functions and tasks that an individual with a disability cannot perform for him or herself, or may provide emotional comfort to those suffering from emotional disabilities. Most people are familiar with guide dogs that assist the visually impaired, but there are service animals that provide other kinds of assistance, including: a. b. c. 2. Alerting person with hearing impairment to sounds; Pulling wheelchairs or carrying and picking up items for person with mobility impairment; Assisting persons with mobility impairments with balance
Service animals are not pets, and often they wear special harnesses or collars. Some, but not all, are licensed or certified as service animals. Because not all are certified, it is improper to deny service to a person who has a service animal for lack of certification. You may ask the person if the animal is a pet or a service animal, but proof of disability is not required, and accommodations should not be denied for lack of medical certification. Persons with service animals must be permitted to have the animal accompany them to all areas of a facility to which the public is normally admitted, even into facilities that have a no pets policy.
3.
B.
Specific Guidelines Police Care and Custody at Public Safety Building 1. The care and custody of the service animal is solely the responsibility of his or her owner. The Department is not required to provide care or food or a special location for the animal. The Department may exclude any service animal whose behavior poses a direct threat to the health and safety of others. You may exclude an animal who demonstrates ill behavior, but you may not assume how a particular animal will behave. Each situation must be considered individually.
2.
G.O. 400 D-2
3.
If the service animal is a miniature horse, in determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, personnel shall consider: a. The type, size, and weight of the miniature horse and whether the facility can accommodate these features; Whether the handler has sufficient control of the miniature horse; Whether the miniature horse is housebroken; and Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
b.
c. d.
4.
If it is determined that admitting a service animal would fundamentally alter the way in which the Department does business, the animal may be excluded. Reasonable efforts must be made to accommodate the service animal, acknowledging the fact that a disabled person who is in police custody is under stress, perhaps beyond that experienced by fully capable persons.
5.
XIV.
Reporting A. General When personnel come in contact with disabled persons as outlined within this Policy, he/she shall contact his/her supervisor during the time of the call and report the nature of service and/or incident being investigated. It is not necessary for the disabled person to report their condition nor request a reasonable accommodation for personnel to contact their supervisor. B. Reportable Offense If the offense in which the officer comes in contact with the disabled person is a reportable offense then the officer shall document the incident in the police report. C. Non-Reportable Offense If the offense in which the officer comes in contact with the disabled person is a non-reportable offense then the officer shall document the incident in the call notes section of the officers MCT.
G.O. 400 D-2
XV.
Additional Information The Department of Justice has the following Contact Information if personnel require further assistance: A. Phone Numbers: (800) 514-0301 (Phone) and/or (800) 514-0383 (TTY) B. Website: www.ada.gov
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 12 COMMENTS FROM THE CITY MANAGER A. Review of Tentative March 12, 2013, Work Session Agenda
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MARCH 4, 2013 13 COMMENTS FROM MAYOR AND CITY COUNCIL

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MAYORANDCITYCOUNCIL

CALLTOORDER PRAYERANDPLEDGE REPORTONCLOSEDSESSIONMonday,March4,20135:45p.m. APPROVALOFMINUTES A. WorkSessiondatedFebruary12,2013 B. RegularSession#3datedFebruary19,2013 ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCIL A. AppointmentofCouncilCommitteesandCommissionspresentedbyMayorMeehan COMMENTSFROMTHEPUBLIC

AMERICANS WITH DISABILITIES Mary Knight

The White Marlin Capital of the World

TO: FROM: RE: DATE:

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

February 28, 2013

Your anticipated approval is greatly appreciated. Sincerely,

Dennis W. Dare President

Sec. 58-73. - Public possession and consumption at municipal sponsored events.

The White Marlin Capital of the World

TO: FROM: RE: DATE:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

WILLIAM B. ROTHERMEL 3 DORCHESTER STREET OCEAN CITY, MARYLAND 21842

TO: SUBJECT: DATE:

The White Marlin Capital of the World

TO: FROM: THRU: RE: DATE:

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

PUBLIC HEARING FY14 ANNUAL TRANSPORTATION PLAN

TOTAL COST $13,166,000 $ $ $ $ $ $ 30,000 600,000 30,000 15,000 20,000 30,000

TOTAL COST: 90/10 SPLIT ANTICIPATED FUNDING: 90/10 SPLIT

$13,891,000 $12,501,900 $ 3,449,000 $ 3,104,100

The White Marlin Capital of the World

TO: FROM: RE: DATE:

______________________________ GUY R. AYRES III, City Solicitor

Sec. 39-507. - Prohibited acts.

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

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

1) Budget amendment ordinance 2) Detail of changes

ORDINANCE 2013TOWN OF OCEAN CITY OPERATING BUDGET FISCAL YEAR 2013

AMENDMENT # 1 FIRST READING

41,442,940 $ 14,359,087 3,883,300 4,395,639 8,725,492 675,000 424,344 2,749,395 76,655,197 $

3,666,245 $ 33,662,945 5,212,513 5,568,131 4,919,317 7,227,878 7,601,107 4,551,710

712 590,286 429,138 0 18,909 497,774 234,378 0

AMENDMENT # 1 FIRST READING

3,349,934 $ 3,486,777 186,794 55,440 102,808 7,181,753 $

3,349,934 $ 3,486,777 186,794 55,440 161,966 7,240,911 $

1,926,770 $ 3,121,098 1,068,885 1,065,000 7,181,753 $

1,926,770 $ 3,180,256 1,068,885 1,065,000 7,240,911 $

AMENDMENT # 1 FIRST READING

11,041,867 $ 958,578 133,381 96,800 101,226 12,331,852 $

11,041,867 $ 958,578 133,381 96,800 151,604 12,382,230 $

4,199,765 $ 3,476,670 3,555,417 1,100,000 12,331,852 $

4,199,765 $ 3,527,048 3,555,417 1,100,000 12,382,230 $

AMENDMENT # 1 FIRST READING

1,737,052 $ 446,097 56,628 0 2,239,777 $

1,737,052 $ 446,097 56,628 28,370 2,268,147 $

1,046,401 $ 1,042,618 150,758 0 2,239,777 $

1,046,401 $ 1,048,586 150,758 22,402 2,268,147 $

0 5,968 0 22,402 28,370

1,813,428 $ 1,549,102 1,110,000 1,483,575 1,087,642 0 7,043,747 $

1,813,428 $ 1,549,102 1,110,000 1,483,575 1,150,534 0 7,106,639 $

2,967,379 $ 1,648,058 2,328,310 100,000 0 7,043,747 $

2,967,379 $ 1,710,950 2,328,310 100,000 0 7,106,639 $

AMENDMENT # 1 FIRST READING

1,743,443 $ 44,841 1,788,284 $

920,978 $ 822,465 0 1,743,443 $

920,978 $ 867,306 0 1,788,284 $

AMENDMENT # 1 FIRST READING

2,380,353 $ 1,984,500 150,000 488,000 0 5,002,853 $

760,721 $ 0 0 4,242,132 5,002,853 $

785,721 $ 25,000 0 0 0 0 5,940,897 1,698,765 6,726,618 $ 1,723,765

AMENDMENT # 1 FIRST READING

_ JAMES S. HALL, President _ LLOYD MARTIN, Secretary

_ LLOYD MARTIN, President _ MARY P. KNIGHT, Secretary CERTIFICATE