November 5 2012 Complete Agenda

7/31/2019 November 5 2012 Complete Agenda

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AGENDAMAYOR AND CITY COUNCIL REGULAR SESSION

MONDAY, NOVEMBER 5, 2012 5:00 P.M.

Closed Session Monday, November 5, 2012 5:00 p.m. 6:00 p.m. Legal and Personnel Matters

1. CALL TO ORDER

2. REPORT ON CLOSED SESSION Legal and Personnel Matters

3. PRAYER AND PLEDGE

4. CALL FOR BIDS

Bid Opening Caroline Street Comfort Station and Stage

5. REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION

6. APPROVAL OF MINUTES

7. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL

8. PRIVATE EVENT PERMIT REQUESTS

9. PUBLIC HEARINGS

10. UNFINISHED BUSINESS

11. NEW BUSINESS

Request to Consider Amendments to Town Code Chapter 30 Entitled Environment,Article V. NoisePresented by: Brett Wolf, Noise Control Board Chairman

12. REPORTS AND RECOMMENDATIONS FROM THE DEPARTMENT OF PLANNINGAND COMMUNITY DEVELOPMENT

13. APPOINTMENTS TO BOARDS, COMMISSIONS AND OTHER CITY ORGANIZATIONS

14. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR


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REGULAR SESSION -MAYOR AND CITY COUNCILMONDAY, NOVEMBER 5, 2012

2 Report on Closed Session Legal and Personnel Matters


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NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of MarylandPURPOSES:

X

1. To discuss:

(i)

the appointment, employment, assignment, promotion, discipline, demotion,compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or

(ii) any other personnel matter that affects one or more specific individuals;2. To protect the privacy or reputation of individuals with respect to a matter that is

not related to public business3. 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; andb) 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 criminalconduct;

13. Comply with a specific constitutional, statutory or judicially imposedrequirement that prevents public disclosures about a particular proceeding ormatter; or

14. Before a contract is awarded or bids are opened, discuss a matter directly relatedto a negotiation strategy or the contents of a bid or proposal, if public discussionor disclosure would adversely impact the ability of the public body to participatein the competitive bidding or proposal process

DATE AND TIME: Monday, November 5, 2012 5:00 p.m.PLACE: City HallSUBJECT: Legal and Personnel MattersVOTE: UNANIMOUS

OTHER: FOR:AGAINST:ABSTAIN:ABSENT:from vote

only:


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REPORT OF CLOSED SESSIONOF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to this regular session of the Mayor and City Council being held on

Monday, November 5, 2012, a closed session was held on Monday, November 5,

2012 at 5:00 p.m. The following is a report of the closed session.

1. A statement of the time, place, and purpose of the closed session is attached.

2. A record of the vote of each member as to closing the session is attached.

3. A citation of the authority under the law for closing the session is attached.

4. (a) Topics of Discussion: Legal and Personnel Matters(b) Persons present:

Mayor Richard MeehanCity Manager David RecorCouncil President Jim HallCouncil Secretary Lloyd MartinCouncil Members Doug Cymek; Joe Hall, Mary Knight, Margaret Pillas and

Brent AshleyCity Solicitor Guy AyresExecutive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

H:\Wpdoc\closedsess.wpd


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4 CALL FOR BIDS

Caroline Street Comfort Station and Stage


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BID SPREAD SHEET

ITEM: CAROLINE STREET COMFORT STATION

Bidders Total BidBlack DiamondOcean City, MD

Commercial SolutionsSilver Spring, MD

Evans BuildersSalisbury, MD

Gillis GilkersonSalisbury, MD

Harkins ContractingSalisbury, MD

Mitrecic & SonsOcean City, MD

Nason Construction

Salisbury, MDRBCI

Easton, MD

Royal PlusOcean City, MD

Sens Inc.Berlin, MD

BID BOND: YES X NOSTAFF ESTIMATE: $950,000BUDGET ALLOCATION: $1,000,000


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INFORMATION FOR BIDDERS

BIDS will be received by THE TOWN OF OCEAN CITY (herein called the 'TOWN'), atthe office of the City Manager, City Hall, 3rd Street & Baltimore Avenue, Ocean City, Marylanduntil October 30, 2012 - 11:00 AM then opened and read aloud at the Council meetingheld at 1:00 PM.

Each BID must be submitted in a sealed envelope, addressed to the Mayor & CityCouncil at the Town of Ocean City, Maryland. Each sealed envelope containing a BID must beplainly marked on the outside as bid for the Caroline Street Station Building Construction Contract and the envelope should bear on the outside the name of the BIDDER, his address, andhis license number. If forwarded by mail, the sealed envelope containing the BID must beenclosed in another envelope addressed to the Town of Ocean City, City Manager's Office, 301Baltimore Ave, Ocean City, Maryland 21842. Faxed bids will not be accepted.

All BIDS must be made on the required BID form. All blank spaces for BID prices mustbe filled in, in ink or typewritten, and the BID form must be fully completed and executed whensubmitted. Only one copy of the BID form is required.

The TOWN may waive any informalities or minor defects or reject any and all BIDS.Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS orauthorized postponement thereof. Any BID received after the time and date specified shall notbe considered. No BIDDER may withdraw a BID within 60 days after the actual date of theopening thereof. Should there be reasons why the contract cannot be awarded within thespecified period, the time may be extended by the TOWN.

BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BIDschedule by examination of the site and a review of the drawings and specifications includingADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was amisunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.

The TOWN shall provide to BIDDERS prior to BIDDING, all information which ispertinent to, and delineates and describes, the land owned and rights-of-way acquired or to beacquired.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the TOWN or anyother person shall not affect the risks or obligations assumed by the CONTRACTOR or relievehim from fulfilling any of the conditions of the contract.


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Each BID must be accompanied by a BID BOND payable to the TOWN for five (5)percent of the total amount of the BID. As soon as the BID prices have been compared, theTOWN will return the BONDS of all except the three (3) lowest responsible BIDDERS. Whenthe agreement is executed the bonds of the two remaining unsuccessful BIDDERS will beretained until the payment BOND and performance BOND have been executed and approved,

after which it will be returned. A certified check may be used in lieu of a BID BOND.

A performance BOND and a payment BOND, each in the amount of 100 percent of theCONTRACT PRICE, with a corporate surety approved by the TOWN, will be required for thefaithful performance of the contract.

Attorneys-in-fact who sign BID BONDS or payment BONDS and performance BONDSmust file with each BOND a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to execute the Agreement andobtain the performance BOND and payment BOND within fourteen (14) calendar days from the

date when NOTICE OF AWARD is mailed to the BIDDER. The NOTICE OF AWARD shall beaccompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDERto execute the Agreement, the TOWN may at it's option consider the BIDDER in default, inwhich case the BID BOND accompanying the proposal shall become the property of the TOWN.

The TOWN within ten (10) days of receipt of acceptable performance BOND, paymentBOND and Agreement signed by the party to whom the Agreement was awarded shall sign theAgreement and return to such party an executed duplicate of the Agreement. Should the TOWNnot execute the Agreement within such period, the BIDDER may by WRITTEN NOTICEwithdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of thenotice by the TOWN.

The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of theAgreement by the TOWN. Should there be reasons why the notice to proceed cannot be issuedwithin such period, the time may be extended by mutual agreement between the TOWN andCONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) dayperiod or within the period mutually agreed upon, the CONTRACTOR may terminate theAgreement without further liability on the part of either party.

The TOWN may make such investigations as it deems necessary to determine the abilityof the BIDDER to perform the WORK, and the BIDDER shall furnish to the TOWN all suchinformation and data for this purpose as the TOWN may request. Bids from Contractors

debarred from doing business with the State of Maryland or the Federal Government will not beaccepted.

The TOWN reserves the right to reject any BID if the evidence submitted by, or investigation of,such BIDDER fails to satisfy the TOWN that such BIDDER is properly qualified to carry out theobligations of the Agreement and to complete the WORK contemplated therein.

A conditional or qualified BID will not be accepted.


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Award will be made to the lowest responsible BIDDER.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughlyfamiliar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to doany of the foregoing shall in no way relieve any BIDDER from any obligation in respect to hisBID.

The low BIDDER shall supply the names and addresses of major material suppliers andsubcontractors when requested to do so by the TOWN.

A pre-bid meeting for prospective BIDDERS will be held at the City Hall CommunityRoom 301 Baltimore Ave, Ocean City, MD on October 16, 2012 1:00 PM for any questions

concerning the bids. The phone number is (410)289-8796, fax (410)289-8703.


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BID

Proposal of _____________________________________(herein called 'BIDDER'), organizedand existing under the laws of this State of Maryland doing business as a/an____________________________*.

To the TOWN OF OCEAN CITY, OCEAN CITY, MARYLAND (herein called the 'TOWN').

In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform allWORK for the construction of the CAROLINE STREET STATION in strict accordance with theCONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each partythereto certifies as to his own organization, that this BID has been arrived at independently,without consultation, communication, or agreement as to any matter relating to this BID withany other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date to bespecified in the NOTICE TO PROCEED and to fully complete the PROJECT within TWOHUNDRED (200) consecutive calendar days thereafter. BIDDER further agrees to pay asliquidated damages, the sum of ONE THOUSAND DOLLARS ($1,000) for each consecutivecalendar day thereafter as provided in Section 15 of General Conditions.

BIDDER acknowledges receipt of the following ADDENDUM:

____________________________________________________________

____________________________________________________________

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


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Bidder agrees to perform all the work described in the CONTRACT DOCUMENTS as follows:

BID SCHEDULE

NOTE: BIDS shall include all applicable fees.

TOTAL BID.....................................................................................................$________________

____________________________________________________________________DOLLARS

Respectfully submitted,

__________________________________Signature

__________________________________________________________________Address

__________________________ ________

Title Date

_________________________________License Number

(Seal-if BID is by a corporation)

Attest


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5 REPORT FROM CITY MANAGER ON UPCOMINGWORK SESSION


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11 NEW BUSINESS

Request to Consider Amendments to Town Code Chapter30 Entitled Environment, Article V. Noise

Presented by: Brett Wolf, Noise Control Board Chairman


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TOW N OF

Th e W h i t e M a r l i n Ca p i t a l o f t h e Wo r l d

TO : The Honorable Mayor, Council President and Members of CouncilFROM: David L. Recor, ICMA-CM, City ManagerRE: Town Code Chapter 30, Entitled Environment, Article V. NoiseDATE: October 23, 2012

I SSUE( S) : Consideration of several amendments to Town Code Chapter 30,Entitled Environment, Article V. Noise.

SUMMARY: The Noise Control Board Chairman will present a number of recommendations to change the current code in relation toArticle V. Noise as follows:

1) 30-402 to deny issuance of a noise permit if emergencycontact information is not provided;

2) 30-383 to increase the municipal infraction fine to $1,000;3) 30-383 to require a Noise Board hearing after two or more

incidences and to consider it a municipal infraction if theproperty owner does not appear for the hearing, punishable bya fine of $1,000 and;

4) 30-383 to allow a fine of $2,500 for three or more incidencesin lieu of a formal hearing.

FI SCAL I MPACT: Not specified

RECOMMENDATI ON: Refer to staff and/or City Solicitor

ALTERNATI VES: Do not change current Town Code.

RESPONSI BLE STAFF: Finance DepartmentPolice Department

COORDI NATED W I TH: Brett Wolf, Noise Control Board Chairman

ATTACHMENT(S): 1) Information prepared by Brett Wolf, Chairman of the NoiseControl Board

2) Town Code Chapter 30, Article V., Division 7 ResidencesProviding Shelter to Transient or Temporary Population

Agenda Item # 11

Council Meeting November 5, 2012


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(a)

(1)

(2)

(3)

(4)

(b)

Ocean City, Maryland, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 30 -ENVIRONMENT >> ARTICLE V. - NOISE >> DIVISION 7. - RESIDENCES PROVIDING SHELTER TOTRANSIENT OR TEMPORARY POPULATION >> Subdivision I. - In General >>

Subdivision I. - In General

Sec. 30-381. - Legislative findings.Sec. 30-382. - Violations punishable as misdemeanor.Sec. 30-383. - Violations punishable as municipal infraction.Sec. 30-384. - Applicability.Sec. 30-385. - Maximum noise levels; responsibilities of property owner; procedure upon determination of excessivenoise level.Sec. 30-386. - Notification to owners and tenants of noise level standards.Secs. 30-38730-400. - Reserved.

Sec. 30-381. - Legislative findings.

Acting pursuant to the powers granted in article XI-E of the Constitution of Maryland, Ann.Code of Md. art. 23A, 2, and sections C-414 and C-1403 of the Charter (1972 edition, asamended), the Mayor and City Council of Ocean City (Ocean City) has determined toregulate and control excessive noise within the corporate limits of Ocean City by establishinga permit procedure to ensure that owners of real property situated within the corporate limitsof Ocean City and used to provide temporary shelter to Ocean City's transient and temporarypopulation exercise due diligence in controlling noise on or emanating from their propertyand, in support thereof, adopts by reference the legislative findings and declarations of thegeneral assembly of Maryland as set forth in Ann. Code of Md., Environment article, 3-102,and makes additional legislative findings as follows:

The health, comfort and well-being of the citizens of Ocean City have been severelyand adversely affected for a substantial period of time by excessive noise within thecorporate limits of Ocean City.The primary cause of this excessive noise is the transient population and temporaryresidents of Ocean City.Each owner of real property situated within the corporate limits of Ocean City andused to provide shelter on a temporary basis to this transient and temporarypopulation has the obligation to control noise on or emanating from that property sothat the community will not be injured by the use of that property.

Any owner who is unwilling or unable to meet this obligation to control noise on or emanating from his property will hereafter not be permitted to use that property to

provide shelter on a temporary basis to the transient and temporary population.It is hereby declared that the provisions of this division constitute a reasonable, necessaryand lawful means of eliminating the public nuisance described in subsection (a) of thissection.

(Code 1972, 67-26)

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

Any violation of section 30-386 of this division shall be punishable as a misdemeanor.

Page 1 of 4Subdivision I. - In General

10/25/2012http://library.municode.com/HTML/12833/level5/PTIICOOR_CH30EN_ARTVNO_DIV...


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(Code 1972, 67-35)

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

It shall be a municipal infraction for the owner of any property for which there must be apermit pursuant to section 30-401 of this division to fail to exercise due diligence, within themeaning of section 30-403 , in controlling noise on or emanating from his property, which infraction

shall be punishable by a fine not exceeding $400.00. If the board adjudges that the owner of anysuch property has failed to exercise due diligence, the board may, in addition to any actions it maytake under section 30-403 , serve, in any manner permitted by the Maryland rules for service of original process, a citation to the owner, citing the facts supporting the board's conclusion. Theboard shall retain a copy of the citation, which shall contain: the certification of the chairman of theboard, attesting to the truth of the matters set forth in the citation; the name and address of theperson charged; the nature of the infraction; the location and time(s) of the event(s) that constitutedthe infraction; the amount of the infraction fine assessed; the manner, location and time in which thefine may be paid to Ocean City; the person's right to elect to stand trial for the infraction; and theeffect of failing to pay the assessed fine or demand a trial within the prescribed time. The fineadjudged by the board is payable by the recipient of the citation of Ocean City within 20 calendar

days of receipt of the citation. A person receiving the citation may elect to stand trial for the offenseby notifying Ocean City of his intention of standing trial. The notice shall be given at least five daysprior to the date of payment of as set forth in the citation. Upon receipt of the notice of the intentionto stand trial, Ocean City shall forward to the district court having venue a copy of the citation andthe notice from the person who received the citation indicating his intention to stand trial. Uponreceipt of the citation, the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties or forfeitures collected by the district court for violations of municipal infractions shall be remitted to the Ocean City government.

(Code 1972, 67-30.1)State law reference Penalties for ordinance violations, Ann. Code of Md. art. 23A, 3.

Sec. 30-384. - Applicability.

The provisions of this division shall apply to any person who owns either a fee simple interestor a leasehold interest redeemable pursuant to the provisions of Ann. Code of Md., Real Propertyarticle, 8-110, in real property situated within the corporate limits of Ocean City, provided thatsuch real property is used for the purpose of providing shelter on a temporary basis. Without in anymanner limiting the generality of the foregoing, the provisions of this division shall apply to anyperson who owns such a fee simple or leasehold interest (herein referred to as the "owner") in anyhotel, motel, motor hotel, apartment house, roominghouse, boardinghouse or like facility to theextent that such facility is used to provide shelter on a temporary basis. For purposes of thisdivision, "person" shall include any individual, corporation, business trust, estate, trust, partnership,

association, two or more persons having a joint or common interest or any other legal or commercial entity, and "real property" shall be deemed to be used for the purpose of providingshelter on a temporary basis if there exists with respect to such property any lease, contract,agreement or understanding, written or oral, that gives an individual or group of individuals the rightor privilege to occupy the property, for any period between May 1 and September 30 of any givenyear, for the purpose of using the property as a temporary residence, dwelling, refuge or shelter,but not the entire period from May 1 to September 30 of the following year.

(Code 1972, 67-27)




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(a)

(b)

(1)

(2)

Sec. 30-385. - Maximum noise levels; responsibilities of property owner; procedureupon determination of excessive noise level.

The maximum allowable noise levels established by regulation of the department of healthand mental hygiene of the State of Maryland (the department) as set forth in COMAR10.20.01 or other noise ordinances set forth in this chapter are hereby adopted as the noiselimitations applicable for purposes of this division. Each person to whom this division appliesshall exercise due diligence to ensure that these noise levels are not exceeded with respectto any property in which the person owns a fee simple interest or a leasehold interest asdescribed in section 30-384 of this division.Whenever it is determined by a police officer or an official of Ocean City certified by theboard to make such determinations that noise on or emanating from any real propertysituated within the corporate limits of Ocean City exceeds the limitations established insubsection (a) of this section and that such property is subject to the permit requirementestablished by section 30-401 of this division, the owner or his resident agent (by personalservice or by filing in the office of the City Clerk and certified mailing, as the case may be)shall be notified as soon as may be practical, and a report shall be filed with the boardindicating the noise level measured or heard, the date and time of measurement or hearingand the names and addresses, if ascertainable of those present on the property at the timethe noise level was measured or heard and determined to be excessive; certifying that theowner or his resident agent was notified, together with the date and time of notification; anddescribing the action, if any, taken by the owner or resident agent to control the noise. Suchreport shall be signed by the official who made the determination that the applicable noiselimitations had been exceeded, maintained as part of the permanent records of the boardand made available during regular business hours for public inspection. A copy of suchreport shall be delivered or sent by certified mail to the owner or his resident agent, and theowner shall have the right to file, within 30 days, a written response to the board, whichresponse shall be maintained as the permanent records of the board. Any determinationunder this subsection that the noise limitations established by subsection (a) of this sectionhave been exceeded shall be based exclusively on measurements made by an officialemployee or agent of Ocean City in accordance with the procedures established by thedepartment in COMAR 10.20.01, or by hearing same by an Ocean City police officer.

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

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

Notice of the provisions of this division shall be given in the following manner:

Commencing May 4, 1982, all real estate sales contracts applying to property situatedwithin the corporate limits of Ocean City shall contain the following provision: "Allpersons who own property in Ocean City, if such property is used to provide houses,apartments or rooms to tenants or guests for periods of one year or less, must obtaina permit from the Noise Control Board. Failure to take prompt action to controlexcessive noise caused by tenants or guests may result in permit denial."Commencing April 1, 2008, all written leases, contracts, and agreements that giveindividuals or groups of individuals the right or privilege to occupy real property for aperiod of one year or less for the purpose of using such property as a temporaryresidence, dwelling, refuge or shelter shall contain the following provisions: "OceanCity has adopted a noise control ordinance that makes it unlawful to cause or permitnoise levels which exceed those established by the department of health and mental




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(3)

a.

b.

(4)

hygiene of the State of Maryland (COMAR 10.20.01) or other noise ordinances setforth in this chapter. It shall be a violation of this agreement and grounds for evictionunder Maryland law if these noise levels are exceeded as a result of activity on thisproperty. Ocean City has other noise ordinances, which are criminal offenses if violated."Commencing April 1, 2008, all hotels, motels, motor hotels and other facilities that letroom by the day shall advise their guests in writing prior to registration that:

Ocean City has adopted a noise control ordinance that makes it unlawful tocause or permit noise levels which exceed those established by the departmentof health and mental hygiene of the State of Maryland (COMAR 10.20.01), or other noise ordinances set forth in this chapter.

Any guest causing or permitting these noise levels to be exceeded shall besubject to immediate removal or eviction, pursuant to Maryland law.

Commencing April 1, 2008, all real estate agents shall advise prospective lessees of short term rental property in writing that Ocean City has adopted a noise controlordinance that makes it unlawful to cause or permit noise levels which exceed thoseestablished by the department of health and mental hygiene of the State of Maryland

(COMAR 10.20.01) or other noise ordinances set forth in this chapter, and that it shallbe a violation of this agreement and grounds for eviction under Maryland law if thesenoise levels are exceeded as a result of activity on this property; and further, thatOcean City has other noise ordinances, which are criminal offenses if violated.

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

Secs. 30-38730-400. - Reserved.




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(a)

(1)(2)(3)

(b)

Ocean City, Maryland, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 30 -ENVIRONMENT >> ARTICLE V. - NOISE >> DIVISION 7. - RESIDENCES PROVIDING SHELTER TOTRANSIENT OR TEMPORARY POPULATION >> Subdivision II. - Permit >>

Subdivision II. - Permit

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

Sec. 30-401. - Required.

No real property situated within the corporate limits of Ocean City shall be used to provide

shelter on a temporary basis unless a permit for such use shall have been issued by the NoiseControl Board (the board). The City Solicitor is hereby authorized and directed to institute civilproceedings in the circuit court for Worcester County or to request the commencement of any other criminal or civil remedies provided hereunder against any person to whom this division applies for the purpose of enforcing the provisions of this section. In addition thereto, any person required toobtain the aforesaid permit who does not obtain same shall not be entitled to obtain a business or occupation license under chapter 14 , article II of this Code.

(Code 1972, 67-28)

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

On or before May 1 for residential rentals or on or before June 1 for business rentals, of eachyear, there shall be filed with the board with respect to any real property situated within thecorporate limits of Ocean City and used for the purpose of providing shelter on a temporarybasis the following information, together with a fee established by the Mayor and City Councilto cover administrative costs:

Name, permanent address and telephone number of the owner or owners.Location and general description of the property.Name, address and telephone number of a resident agent, who must reside within thecorporate limits of Ocean City (if there is no owner who maintains a permanentresidence in Ocean City). If a resident agent is required but is not provided, anynotices provided for hereunder shall be filed in the office of the City Clerk of OceanCity, with a copy thereof mailed (certified mail, return receipt) to the last knownaddress of the property owner.

On or before May 1 for residential rentals or on or before June 1 for business rentals, theboard shall issue a permit authorizing any property with respect to which the informationrequired by subsection (a) of this section shall have been timely submitted to be used for thepurpose of providing shelter on a temporary basis.

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

Page 1 of 3Subdivision II. - Permit



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(a)

(1)

(2)

(b)

(a)

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

A permit issued pursuant to section 30-402 of this division shall be valid until April 30 for residential rentals or May 31 for business rentals of the succeeding year and, upon receipt of the fee established by the Mayor and City Council to cover administrative costs, shall berenewed for successive one-year periods if the following conditions are met to thesatisfaction of the board:

The information specified in section 30-402 shall have been revised as necessary andkept current.The board shall have determined that the owner of the property with respect to whichthe permit is issued has exercised due diligence during the preceding year incontrolling the noise on or emanating from the property.

If, during the preceding year, the owner of any property for which there must be a permitpursuant to section 30-401 of this division has received two or more notices of violations of the noise limitations set forth in section 30-385 of this division and has failed to take promptaction to control the noise on or emanating from the property following receipt of actualnotices of any such violation (including, without limitation, evicting or removing violators), or has allowed the property to be occupied by an individual or group of individuals known to theowner from past experience to have violated the noise limitations set forth in section 30-385of this division, or has willfully or negligently violated any term or condition of a plan for compliance approved by the board pursuant to section 30-404 of this division, the board mayconclude that due diligence has not been exercised. If the board has reason to believe thatthe owner has failed to exercise due diligence in controlling noise on or emanating from theproperty, the board shall notify the owner in writing and shall provide him with the opportunityto appear before the board to show cause why the board should not refuse to renew thepermit. Notifications of hearings shall be mailed to the resident agent or the property owner,at his last known address, on or before February 1, and any hearings conducted thereonshall be held on or before April 1. Following an administrative hearing conducted inaccordance with applicable provisions of the State Administrative Procedure Act, Ann. Code

of Md., State Government article, tit. 10, subtits. 14 (Ann. Code of Md., State Governmentarticle, 10-101 et seq.), the board may either refuse to renew the permit or renew thepermit with such conditions as the board deems reasonable and necessary to effect thepurposes of this division.

(Code 1972, 67-30; Ord. No. 1996-10, 5-20-1996; Ord. No. 2002-5, 4-1-2002)

Sec. 30-404. - Submission of plan for compliance; violation of plan for compliance.

Any person to whom this division applies may at any time apply for and shall be granted apermit in accordance with section 30-402 of this division; provided, however, that if the

person so applying has been refused a permit by the board within the preceding 12 monthsfor failure to exercise due diligence in controlling noise on or emanating from any property inwhich the person at the time of refusal owned a fee simple interest or a leasehold interest asdescribed in section 30-384 of this division, the board shall not grant a permit pursuant tosection 30-402 of this division until such time as the person applying for the permit hassubmitted and the board has approved a plan for compliance to ensure that due diligence incontrolling noise on or emanating from the property for which the permit is to be granted willbe exercised as required by section 30-385 (a) of this division. The board may also requirethat a plan for compliance be submitted and approved as a precondition to its granting a




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(b)

permit pursuant to section 30-402 of this division if, with respect to the property for which thepermit is to be granted, the board has refused a permit within the preceding 12 monthsbecause due diligence in controlling noise on or emanating from the property has not beenexercised as required by section 30-385 (a) of this division. Any plan for compliancesubmitted to the board under the provisions of this subsection shall be approved or disapproved by the board within 30 days following the date of submission. Any person whoseplan for compliance is disapproved by the board may request within 30 days and, uponrequest, shall be granted within 30 days of the date of request an administrative hearingconducted in accordance with the applicable provisions of the State AdministrativeProcedure Act, Ann. Code of Md., State Government article, tit. 10, subtits. 14 (Ann. Codeof Md., State Government article, 10-101 et seq.).Notwithstanding any other provision of this division, the board may decline to grant a permitto any person who has willfully or negligently violated any term or condition of a plan for compliance approved by the board or to any successor, assignee or principal shareholder of or to any business entity related to a person who has willfully or negligently violated any termor condition of a plan of compliance approved by the board.

(Code 1972, 67-31)

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

Any person aggrieved by a decision of the board may appeal that decision in accordancewith section C-1403.D of the Charter. If an appeal is taken from a refusal to grant or to renew apermit, the board shall grant a temporary permit to use the subject property to provide shelter on atemporary basis until such time as a final decision is rendered with respect to that appeal.

(Code 1972, 67-32)

Secs. 30-40630-500. - Reserved.




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15. ITEMS REFERRED TO AND PRESENTATIONSFROM THE CITY MANAGER AND DEPARTMENTHEADS

A. Request to Sole Source Purchase Actuarial Servicesfor Risk Department ReportPresented by: Eric Lagstrom, Risk Manager


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TOW N OF


TO : The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Eric Lagstrom, Risk ManagerRE: Sole Source Purchase for Risk Department Actuarial StudyDATE: October 18, 2012

I SSUE( S) : Consideration of a sole source purchase to conduct an actuarialstudy for Risk using the same firm that completed the 2009study

SUMMARY: The Maryland Workers Compensation Commission requires acompleted risk actuarial study every three years. MadisonAuditing Group was awarded the bid for the 2009 study. Theyrecommend a study every three-five years.

FI SCAL I MPACT: FY 2013 Budget includes $15,000 for this anticipated study.

RECOMMENDATI ON: Recommend we contract with Madison Auditing Group again. Iam certain that RFP results will be similar to the prior RFP resultsfor these this service, ranging from $15K up to $30K. This firmhas a much of our information, so only up-to-date data will berequired, thus keeping the costs down. Using the same firm alsoconfirms that the same methodology will be used.

ALTERNATI VES: Proceed with RFP process

RESPONSI BLE STAFF: Eric Lagstrom, Risk Manager

COORDI NATED W I TH: Martha Bennett, Finance Administrator

ATTACHMENT(S) : 1) Actuarial Analysis Scope of Work2) Madison Auditing Group Information

Agenda Item # 15A

Council Meeting November 5, 2012


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ACTURIAL ANALYSIS

SCOPE OF SERVICES

I.

INTENT:Town of Ocean City, Maryland is requesting proposals for an actuarial analysisof the risk management self-insurance fund liabilities of the Town regarding itsworkers compensation, general liability, law enforcement liability, publicofficials liability and business auto liability exposures, and a cost allocationstudy/report/plan for all departments.

Three separate reports are required. The initial report is to be an analysis of theTowns unpaid liabilities as of the end of the fiscal year on June 30, 2008, using aninety-percent (90%) confidence level. This report is to include an analysis of

the Towns Incurred But Not Reported (IBNR) liabilities.The second report is to recommend funding on an occurrence basis using aninety-percent (90%) confidence level for the fiscal years ending June 30, 2009and June 30, 2010.

The third report is an allocation of funding to all departments.

II. SCOPE OF STUDY:

1) The initial report is to contain an analysis of the Towns unpaid liabilities asof the end of the current fiscal year on June 30, 2008, using a ninety-percent(90%) confidence level for all occurrences and accidents occurring prior tofiscal year 2008 in regard to:

a) Workers Compensation

b) General, law enforcement and public officials liability

c) Business auto liability

This report is to include an analysis of the Towns IBNR liabilities andrecommendations for funding. The final draft of the initial report is to besubmitted to the Town no later than March 31, 2009.


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2) The second report is to determine:

A. Workers Compensation:

(i) Recommended funding on an occurrence basis using a ninety-

percent (90%) confidence level for the fiscal year ending June30, 2008, for the following self-insurance retentions:1) $300,000 per accident2) $500,000 per accident3) $1,000,000 per accident4) Unlimited

(ii) Recommended funding on an occurrence basis using a ninety-percent (90%) confidence level for the fiscal year ending June30, 2009, for the following self-insurance retentions:

1) $300,000 per accident

2)

$500,000 per accident3) $1,000,000 per accident4) Unlimited

B. General, Law Enforcement and Public Officials Liability:

(i) Recommended funding on an occurrence basis using a ninety-percent (90%) confidence level for the fiscal year ending June30, 2008, for the following self-insurance retentions:

1) $250,000 per occurrence2) $500,000 per occurrence3) Unlimited



C. Business Auto Liability:

(i) Recommended funding on an occurrence basis using a ninety-percent (90%) confidence level for the fiscal year ending June30, 2008, for the following self-insurance retentions:



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1) $250,000 per occurrence2) $500,000 per occurrence

3)

UnlimitedThe final draft of the second report is to be submitted to the Town nolater than March 31, 2009.

3) The third report will be to submit an analysis to recommend allocationfunding to departments.

III. QUALIFICATIONS:

Proposers must render a statement indicating their ability and expertise in

providing the analysis requested. A list of personnel who would actually performthe analysis along with resumes must be provided.

The actuary signing off on the reports must have obtained the Fellow of theCasualty Actuarial Society (FCAS) and Member of American Academy of Actuaries(MAAA) designations.

IV. TECHNICAL STATEMENT OF SERVICES:

Each proposer must submit a statement indicating their response to the requestedservices and how they would perform these services. This statement and thequalifications and references will be taken into consideration when the proposalsare evaluated.

The Technical Statement of Services is to also include the following:

1) Specification of the methodology to be used in developing the recommendedfunding levels along with a justification as to why the selected method(s) isappropriate; and

2) The additional information that will be required from the Town beyond thatcontained in the request for proposal, and the date it must be made available tothe proposer in order for the completion dates to be met.

V. TERMS AND CONDITIONS:

The Town reserves the right to request clarification of information submitted and torequest additional information from one or more proposers.


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If, through any cause, the contractor shall fail to fulfill in a timely and propermanner the obligations agreed to the Town shall have the right to terminate itscontract by specifying the date of termination in a written notice to the contractor atleast thirty (30) calendar days before the termination date. In this event, thecontractor shall be entitled to just and equitable compensation for any satisfactory

work completed.An agreement or contract resulting from acceptance of the proposal shall be onforms either supplied by, or approved by the Town and shall contain, as aminimum, applicable provisions of the request for proposal and any Townrequirements for agreements and contracts.

The contractor shall not assign any interest in the contract and shall not transferany interest in the same with prior written consent of the Town.

No reports, information or data give to, or prepared by the contractor under the

contract shall be made available to any individual or organization by the contractorwithout the prior written approval of the Town.

VI. EVALUATION CRITERIA:

The Risk Retention Committee will evaluate proposals received based on thefollowing criteria:

Technical Factors Point Range

A. Capability and qualifications 0 30 Points

B. Reference and experience with previous 0 40 Pointsaccounts of similar size and scope

C. Technical Statement of Services how 0 20 Pointsservices will be performed

D. Price 0 10 Points

Maximum Points Available 100

Subsequent to evaluation of proposals received, the Risk Retention Committee will thenmake a recommendation for an award of contract to the Mayor and City Council, Town of Ocean City, Maryland.


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About Us Actuarial Services Compliance & Reporting MCG Partners & Senior Staff

Mark Crawshaw, Ph.D., FCAS,MAAA

John Gleba, B.A., FCAS, MAAA Benjamin Biscoglia, CPCU Tina Knight, CPCU Joseph Smalley, Ph.D., FCAS,

MAAA Leslie Marlo, FCAS, MAAA

Support Staff Employment Opportunities Contact Us Professional Links

Casualty Actuarial Society American Academy of Actuaries American Institute for Chartered

Property Casualty Underwriters Association of Insurance

Compliance Professionals Insurance Industry Information Sitemap

About UsMadison Consulting Group, Inc. isan independent actuarialconsulting firm located in

Madison, Georgia providing a fullrange of property/casualty actuarial consulting services andstatistical reporting services. Ouroriginal operation was formed in1987 as a division of Wakely and Associates, Inc. and the firm, in itscurrent form, was incorporated on April 1, 1999. Our firm is wholly owned by principals actively engaged in its consulting practiceand has no parent, subsidiary oraffiliated companies. Thisorganizational structure allows usto provide independent andimpartial opinions.

Madison Consulting Group offersthe benefits of experience,reputation, resources, stability

and national perspective. Wedistinguish ourselves from otherconsulting firms in ourmanagement structure. That is,senior members of the firm areinvolved in all phases of assignments. Responsibility forprojects is not assigned to staff personnel.

Sign in |Report Abuse |Print Page |Remove Access |Powered By Google Sites


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Madison Consulting Group Top of Form

Search this siteBottom of Form

About UsActuarial ServicesCompliance & ReportingMCG Partners & Senior StaffMark Crawshaw, Ph.D., FCAS, MAAAJohn Gleba, B.A., FCAS, MAAABenjamin Biscoglia, CPCUTina Knight, CPCUJoseph Smalley, Ph.D., FCAS, MAAALeslie Marlo, FCAS, MAAASupport StaffEmployment OpportunitiesContact Us

Professional LinksCasualty Actuarial SocietyAmerican Academy of ActuariesAmerican Institute for Chartered PropertyCasualty UnderwritersAssociation of Insurance ComplianceProfessionalsInsurance Industry InformationSitemap

Act uarial ServicesActuarial services are coordinated byMark Crawshaw, Ph.D., FCAS,MAAA and John Gleba, FCAS,MAAA. Messrs. Crawshaw andGleba hold the highest professionaldesignation of the Casualty ActuarialSociety (FCAS) and are Members of the American Academy of Actuaries

(MAAA). Senior actuarial staff personnel also includes Joseph A.Smalley, Ph.D., FCAS, MAAA andLeslie Marlo, FCAS, MAAA. Otherprofessionals at Madison ConsultingGroup are also available to provideadditional resources.

Madison Consulting Group hasexperience in all major

property/casualty lines. We haveprovided consulting services to awide variety of entities, includingstate governments, insurancedepartments, municipalities,insurance companies, and otherpublic entities. Madison ConsultingGroup has also been involved in thedetermination of self-insured reserveand budget studies for variousmunicipalities and public entities inmany states.



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About Us Actuarial Services Compliance & Reporting

MCG Partners & Senior Staff Mark Crawshaw, Ph.D., FCAS,

MAAA

John Gleba, B.A., FCAS, MAAA Benjamin Biscoglia, CPCU Tina Knight, CPCU Joseph Smalley, Ph.D., FCAS,

MAAA Leslie Marlo, FCAS, MAAA

Support Staff Employment Opportunities Contact Us Professional Links

Casualty Actuarial Society American Academy of Actuaries American Institute for Chartered

Property Casualty Underwriters Association of Insurance

Compliance Professionals Insurance Industry Information Sitemap

MCG Par t ner s & SeniorSt affActuarial services are coordinated byMark Crawshaw, Ph.D., FCAS,MAAA and John Gleba, FCAS,MAAA. Messrs. Crawshaw andGleba hold the highest professionaldesignation of the Casualty ActuarialSociety (FCAS) and are Members of the American Academy of Actuaries(MAAA). Senior actuarial staff personnel also includes Joseph A.Smalley, Ph.D., FCAS, MAAA and

Leslie Marlo, FCAS, MAAA.

Compliance and reporting servicesare coordinated by BenjaminBiscoglia, CPCU and Tina Knight,CPCU. Mr. Biscoglia and Ms.Knight both hold the professionaldesignation of CPCU (CharteredProperty Casualty Underwriter


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aftermath of a major hurricane(this work included assistance inthe development of a plan ofoperation, rating plan and policyform, as well as analysis of publicpolicy issues and marketconditions).

Contact [email protected] Dr. Crawshaw's Curriculum Vitaefollows as attached:

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



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B. Discussion of Baltimore Avenue Banner InstallationsPresented by: Hal Adkins, Public Works Director


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TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Hal O. Adkins, Public Works DirectorRE: Baltimore Avenue Corridor

Banner Installation Program TerminationConflict with Delmarva Power and Light Regulations

DATE: October 19, 2012

I SSUE( S) : Termination of our Banner Program on Baltimore Avenue

SUMMARY: Delmarva Power and Light regulations prohibit our installations.The Mayor and City Council need to be aware of the issue andtake action relative to the conflict.

FI SCAL I MPACT: Minor loss in Banner Fee Revenue which is offset by a minorreduction in labor expenses due to the fact that we will no longerdo the installations.

RECOMMENDATI ON: Terminate the Banner Program on Baltimore Avenue effectiveimmediately.

ALTERNATI VES: Continue the program in non compliance with Delmarva Powerand Light Regulations; face potential litigation, and acceptliability.

RESPONSI BLE STAFF: Hal O. Adkins, Public Works Director

COORDI NATED W I TH: Jim Smith, Delmarva Power and LightRichard Malone, Deputy Director of Public WorksTom Shuster, Director of Recreation and ParksJohn Sullivan, Special Events DirectorLisa Mitchell, Private Event Coordinator

ATTACHMENT(S) : 1) Email, July 26, 2012 9:40 am, Lisa Mitchell

2) Email, June 29, 2012 3:23 pm, Diana Chavis

3) Email, July 24, 2012 3:30 pm, Jim Smith4) Email, July 25, 2012 4:02 pm, Jim Smith5) 2012 Banner Listing, Lisa Mitchell6) 2013 Banner Listing, Lisa Mitchell7) Income Report, Lisa Mitchell

Agenda Item # 15B

Council Meeting 1 1 / 5 /2012


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To: David L. Recor, ICMA CM, City Manager

From: Hal O. Adkins, Public Works Director

Re: Baltimore Ave Corridor Banner Installation Program Termination Conflict with Delmarva Power and Light Regulations

Date: October 19, 2012

As you may be aware, the Town of Ocean City has had what we call a "banner program" since the early 1990's. In an effort to assist both public and private events with advertising for forthcoming events, we established locations to hang banners. The majority of the locations are along the Baltimore Ave corridor though we do have one location located along the south side of RT 90 as you are entering Town. A copy of all the locations is attached for your review via an email authored by Lisa Mitchell. (For the record, the cables for the banner location at 11th Street are still in place but that site has not been in use since June of 2012 due to a citizen

complaint of wind noise/vibration adjoining their home. Please see the attached email in support of that issue).

Going back in history to the time the initial sites were established along Baltimore Ave, the process was very informal. I personally spoke with Delmarva Power & Light (DPL) and Bell Atlantic (now Verizon) at the time and gained verbal permission for the installations. Those same installations are in existence to this date.

With the recent issue that arose at 11th Street, due to the adjoining property owner concerns, I was instructed to search for a suitable location to relocate the 11th Street site to (in an effort to maintain the same number of historical sites). In doing so I found what appeared to be a

suitable location

in

the

vicinity

of

13th

Street

but,

when

requesting

permission

from

Delmarva

Power and Light it was brought to my attention that such installations are not permissible in accordance with their regulations. In an effort to support this statement, and their stance, I have attached two emails from Delmarva Power and Light that were addressed to me. Considering the content of the email, specifically its content in relation to a public safety issue, I cannot imagine that any stance of "grandfathering" of our locations would be permissible, nor do I plan to ask and thus place myself in a situation of liability.

In closing, I bring this issue to your attention because I feel our rights to continue this banner program are now over and we should cease use of the sites, and remove the cable assemblies, immediately. When taking the program termination action into consideration, I want you to be aware of those individuals who currently have reservations for use of these sites and will need to be notified. A copy of that list is attached. As of this date it will result in refunds of $625.00.

Looking forward to discussing the matter at the Work Session on October 30, 2012.

cc: R. Malone, Deputy Director of Public Works T. Shuster, Director of Recreation and Parks J. Smith, Delmarva Power and Light

J. Sullivan/Lisa Mitchell, Special Events, Recreation and Parks


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From: Lisa MitchellSent: Thursday, July 26, 2012 9:40 AMTo: Hal AdkinsCc: John SullivanSubject: RE: Banner Locations

Hal, Rt. 90 at Ocean City Tennis Center

Across Baltimore Avenue at the following locations:

4th StreetBetween 5th and 6th Streets10th Street

(Between 11th and 12th Streets)

If you

need

anything

else,

please

let

me

know.

Lisa


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From: Diana ChavisSent: Friday, June 29, 2012 3:23 PMTo: Mayor & Council; Thomas Shuster; Hal Adkins; David RecorCc: Lisa Mitchell; Susan Petito; John VanFossenSubject: Council Poll Results - Banner on Baltimore Avenue

Good afternoon, I polled the M&C about the banner on Baltimore Avenue & 11th Street. The vote was 70 to remove the banner, find an alternative location or refund any money that has been received from the Greek Festival, White Marlin Open and Dew Tour.

The Mayor felt that the current banner should be removed but that those who already paid for a 2012 banner should be allowed to hang it.

Public Works is in the process of removing the current, free Surfriders "footprints" banner. Terry Steimer of the Surfrider Foundation is aware of its removal. Hal will look for an alternative

location. If one cannot be found, monies should be refunded.

Please call if you have any questions.

Have a good weekend, Diana


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From: [email protected] [mailto:[email protected] ]Sent: Tuesday, July 24, 2012 3:03 PMTo: Hal AdkinsCc: Diana Chavis; Richard Malone; John Sullivan; Lisa Mitchell; [email protected]: Re: Attachment Agreement For Banners

Hal,

I looked into the banner issue. Initially, I did not understand that the banner spanned the street.Based on some serious problems we've experienced, we no longer allow this practice. I believe

the breaking point came several years ago in another town when wind got into a banner thatspanned across a street. The banner wrapped into the primary causing a fire, damage, blownfuses and an outage. At that point, it was deemed that the practice had severe safetyimplications and now we do not allow it.

Jim

Jim SmithDelmarva PowerSenior Public Affairs Manager(410) 860-6366 - Maryland(302) 934-3342 - Delaware(410) 207-3897 - Cell

[email protected]


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From: [email protected] [mailto:[email protected] ]Sent: Wednesday, July 25, 2012 4:02 PMTo: Hal AdkinsCc: Diana Chavis; Richard Malone; John Sullivan; Lisa Mitchell; [email protected]: RE: Attachment Agreement For Banners

Hal,

The banners that are allowed are banners that are attached to a single pole. The specs are onpage 51 and on page 52 there is language stating, "Banners that span from one pole to anotheror across a street are never permitted."

Thanks, Jim

Jim SmithDelmarva PowerSenior Public Affairs Manager(410) 860-6366 - Maryland(302) 934-3342 - Delaware(410) 207-3897 - Cell

[email protected]


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AN CITY RECREATION & PARKS RecTrac Page: 1

Date: 10/22/12 POS BOTTOM LINE REPORT Time: 10:38A User: LA

Description Item Description Count Fees Disc Paid Refunds Misc Net

Spec Events Banners 137 3,575.00 0.00 3,575.00 50.00 0.00 3,525.00

AL QUANTITY SOLD FOR RANGE SELECTED: 137AL FEES CHARGED FOR TRANSACTIONS: 3,575.00AL DISCOUNT APPLIED AGAINST FEES: 0.00

AMOUNT STILL DUE: 0.00AL AMOUNT REFUNDED: 50.00AL AMOUNT PAID FOR ALL FEES LESS DISCOUNT (+): 3,575.00AL MISCELLANEOUS POS INCOME (+): 0.00AL MISCELLANEOUS POS EXPENSES (-): 0.00

INCOME/EXPENSE FOR RANGE SELECTED (=): 3,525.00

LECTION CRITERIA:Date Range: 01/01/2011 Thru 10/22/2012xp Date Range: 01/01/2011 Thru 10/22/2012Code Range: 0034 Thru 0034dual Selections:

Range: Thrut Range: ThruCode Wildcard:Wildcard:t Wildcard:


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25166 TOW N OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Hal O. Adkins, Public Works DirectorRE: Ocean City Municipal Airport

Boom Mower Tractor Attachment for Tractor #120Request for Funding


I SSUE( S) : Providing supplemental funding to conclude the purchase of aboom mower attachment

SUMMARY: The Town had obtained a Grant to purchase the mowerattachment. The attachments delivery was delayed and theGrant has now expired

FI SCAL I MPACT: $9,001.00 (funding allocation needed)

RECOMMENDATI ON: Provide the additional funding and complete the purchase

ALTERNATI VES: Cancel the equipment order and expend via contractor annualfunding necessary to maintain the facilities grounds

RESPONSI BLE STAFF: Jaime Giandomenico, Airport ManagerCOORDI NATED W I TH: Jennie Knapp, Budget Manager

Ron Eckman, Fleet Manager

ATTACHMENT(S) : 1) MAA Special Grant No. MAA-GR-12-027 with associatedattachments/exhibits

2) Purchase Order #193300 dated 2/15/2012

Agenda Item # 15C



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To: David L. Recor, ICMA Cm, City Manager


Re: Ocean City Municipal Airport Boom Mower Tractor Attachment for Tractor #120 Request for Funding


In accordance with the attached documents, the Mayor and City Council were the recipients of a "Special Grant Agreement" from the Maryland Aviation Administration (MAA) via a Grant dated March 15, 2012. A copy of the Grant and associated correspondence is attached for review.

Being this was a "Special Grant" allocation, it had a specific expiration date and did not "roll over" into the next fiscal year. As denoted in the attachment (See page 2, Section III, Item C) the Grant was slated to expire on June 30, 2012.

As a result of the Grant issuance a PO was created by the Town in the amount of $12,002.00 to Atlantic Tractor LLC with the intention that the Town would be gaining reimbursement from the MAA, via the Grant, in the amount of $ 9,001.00. Unfortunately, and to no fault of the Town at all, Atlantic Tractor LLC was unable to make deliver on the unit in a timely manner. It appears that Atlantic Tractor was waiting on fabrication of the boom mower and shipment to them by the manufacturer. They too were at the mercy of a third party.

Well, the

boom

mower

finally

arrived

at

Atlantic

Tractor

in

Salisbury

within

the

last

few

weeks.

I

cannot accept this attachment in good conscience knowing full well the Grant is closed and we will be unable to gain reimbursement from the MAA for the $ 9,001.00. Regardless of the current circumstances, the lack of a timely delivery does not negate the justification and need for the boom mower; it simply creates a funding dilemma.

With that said, and with the assistance of Jennie Knapp, I am asking the MCC to allocate the additional $ 9,001.00 to supplement the current $3,001.00 that is funded in the Airport Account.

I take no pleasure, whatsoever, in having to make this request but stand by the fact we did everything within our means to try and gain a timely delivery.

Should you have any questions, feel free to contact me directly.

cc. J. Giandomenico J. Knapp R. Eckman


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D. Request Funding Allocation and Contract Awardfor District Court Roof RenovationsPresented by: Hal Adkins, Public Works Director


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25166 TOW N OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Hal O. Adkins, Public Works DirectorRE: Ocean City Public Safety Building District Court Roof

Request for Funding and Contract AwardRoof Leak Repair


I SSUE( S) : Roof Leak / Repair District Court Building

SUMMARY: Approval is needed to move forward with roof repairs to theDistrict Court to maintain compliance with the Lease

FI SCAL I MPACT: $36,000.00 (funding allocation needed)

RECOMMENDATI ON: Allocate the funds, contract with Tecta America for the repair , andinform the State of the forthcoming work.

ALTERNATI VES: None


COORDI NATED W I TH: Dean Dashiell, Senior Project ManagerJennie Knapp, Budget ManagerRobert Suit, State of Maryland Department of General Services

ATTACHMENT(S): 1) Section 5.3 and 5.4 of Lease Agreement2) Tecta America Roofing Proposal

Agenda Item # 15D



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DATE: October 4, 2011 PROPOSAL NO.: 155

Tecta America East, LLC (hereinafter referred to as "Contractor") proposes to perform and furnish the labor, materials, insurance,supervision, equipment and warranty (herein together referred to as the "Work") described herein for:

OWNER/CUSTOMER: Mr. Dean Dashiell/Town of Ocean City

ADDRESS: 6501 65 th Street & Coastal Highway, Ocean City, MD 21842

PROJECT: Public Safety Building Thru-Wall Counterflashing Replacement

A. PREVIOUSLY COMPLETED INVESTIGATIVE SCOPE OF WORK:

Area # 3: Base of Penthouse Tower and Lower Roof Penthouse Wall Investigation Remove two (2) existing blocks at one (1) designated corner location at base of East penthouse tower to inspect

existing thru-wall counterflashing and surrounding conditions. Store existing block on-site for re-installation. Inspect wall flashing, thru-wall counterflashing, and surrounding conditions. Document findings. Repair wall flashing, repair/replace thru-wall counterflashing as needed, and re-install existing block and mortar to

match existing finish as close as possible. Remove two (2) existing blocks at one (1) designated thru-wall counterflashing lap/joint location at base of Lowroof penthouse tower to inspect existing thru-wall counterflashing and surrounding conditions. Store existing

block on-site for re-installation. Inspect wall flashing, thru-wall counterflashing, and surrounding conditions. Document findings. Repair wall flashing, repair/replace thru-wall counterflashing as needed, and re-install existing block and mortar to

match existing finish as close as possible.

B. FOLLOW UP PERMANENT REPAIR SCOPE OF WORK:

Base of Penthouse Tower (Approx. 36 LF) and Lower Roof Penthouse (Approx. 204 LF) Wall Thru-WallCounterflashing Replacement

Remove existing blocks at designated locations on a Lineal Foot basis (work to be completed during off-hours,after 4PM on weekdays). Store existing blocks on-site for re-installation. *Note: Lineal Foot basis will require aminimum of 12 LF per location because of length of existing thru-wall counterflashing.

Remove and dispose of existing thru-wall counterflashing metal from job site. Shop fabricate and install new .018 Stainless Steel thru-wall counterflashing with fully soldered lap and corner

joints. *Note: New thru-wall counterflashing to have adequate turn-up behind block versus existing profile. Re-install existing block and mortar to match existing finish as close as possible.

C. CONTRACT UNIT PRICE: Contractor shall perform the Work for One Hundred Fifty Dollars per Lineal Foot ($ 150.00 / LF),in current funds. Payment of the Contract Price shall be paid as follows: Net 30 days.

D. TERMS AND CONDITIONS: The terms and conditions set forth on the reverse side are a part of this proposal.

E. This Proposal is subject to revision or withdrawal by Contractor for any reason until communication of acceptance, and may berevised after communication of acceptance where an inadvertent error by Contractor has occurred. This Proposal expires thirty(30) days after the date stated above if not earlier accepted, revised or withdrawn.

By: Title: Service Sales

ACCEPTANCE The undersigned hereby accepts this Proposal and, intending to be legally bound hereby, agrees that this writing shall be a bindingcontract and shall constitute the entire contract.

Owner/Customer: By: __________________________________

Title: Date: _________________________________


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E. Request Local Match Funding for Variable MessageSignPresented by: Hal Adkins, Public Works Director


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To: David L. Recor, ICMACM, City Manager


Re: Request for Funding Local Match Portable Variable Message Sign (VMS) Hazard Mitigation Grant Program (HMGP)


The Town of Ocean City, via the assistance of Wayne Pryor, submitted a Grant Application for the purchase of one portable Variable Message Sign (VMS). The Town currently owns two such signs and routinely is forced to rent a third sign to fulfill our annual use of such devices for traffic

management. The use of a VMS in evacuation traffic management is an extremely valuable tool.

With the overall availability of Grant funds seeming to shrink, I was very surprised, and quite happy, that our request has in fact been approved as part of a much larger State submission. With that said, we are now required to submit a letter indicating that our Local Match of $5,750.00 will be provided and provide a signed Maintenance Agreement. Samples of both are attached for review.

Being we had no assurance this application would be approved, the Local Match was not funded in the current FY13 Budget. With that said, it is my hope to gain permission form the Mayor and City Council to fund the required match with the understanding that Jennie Knapp, Budget

Manager, would

assist

me

in

funding

this

cost

in

the

most

appropriate

manner.

Looking forward to presentation and discussion during the Work Session on October 30, 2012. Should you have any questions, feel free to contact me directly.

cc: J. Knapp, Budget Manager W. Pryor, Grants Coordinator


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October 31, 2012

Mr. Mark James State Hazard Mitigation Planner Maryland Emergency Management Agency 5401 Rue Saint Lo Drive Reisterstown, Maryland 21136

Dear Mr. James,

The Town of Ocean City has applied to the Maryland Emergency Management Agency for Federal mitigation funds to assist with the purchase of a portable variable message sign. The purpose of this project is to support the evacuation traffic management through the provision of real time road closure and evacuation information. The Town, in cooperation with the Maryland State Highway Administration, is seeking funding under the 1875/1910 Hazard Mitigation Grant Program (HMGP).

The guidelines for the HMGP grant program require a 25% non federal match. The Town of Ocean City is committed to providing the required non Federal matching funds for the portable Variable Message Sign (VMS) should the grant be approved.

Should you have any questions, please do not hesitate to contact my office.

Sincerely,

David L. Recor, ICMACM City Manager


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1875 / 1910

Hazard

Mitigation

Grant

Program

Application

Maintenance Agreement

The Town of Ocean City Maryland hereby agrees that if it receives any Federal funding as a result of the attached Hazard Mitigation Grant Program (HMGP), it will accept responsibility for the routine maintenance of the Variable Message Sign (VMS).

The purpose of this agreement is to make clear the Subgrantees maintenance responsibilities

following the project award and to show the Towns acceptance of these responsibilities. It does not replace, supersede, or add to any other maintenance responsibilities imposed by the Federal law or regulation and which are in force on the date of the project award.

Signed by David L. Recor, City Manager, the duly authorized representative of the Town of Ocean City on this 31 th day of October 2012.

________________________________

David L. Recor, ICMACM City Manager


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F. Request 5-Year Extension of the Ayres Creek KayakLaunch Memorandum of Understanding betweenMayor and City Council and Maryland CoastalBaysPresented by: Hal Adkins, Public Works Director


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TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Hal O. Adkins, Public Works DirectorRE: Ayres Creek Kayak Launch 8913 Lewis Road

Request for a Five Year Extension Memorandum of UnderstandingMaryland Coastal Bays Program - Foundation


I SSUE( S) : Renewal of Memorandum of Understanding between the Mayor andCity Council and the Maryland Coastal Bays Program

SUMMARY: The Memorandum of Understanding for the Ayres Creek KayakLaunch expired on September 21, 2012 and needs to be discussedrelative to renewal .

FI SCAL I MPACT: None

RECOMMENDATI ON: Extend the terms of the Memorandum of Understanding by five (5)years.

ALTERNATI VES: Do not renew the Memorandum of Understanding and considermanagement of the site yourself or bidding operation out to an

Outfitter.


COORDI NATED W I TH: David Wilson, Executive Director, Maryland Coastal Bays ProgramJim Parsons, Chief Deputy Director of Public WorksKelly Allmond, City Clerk

ATTACHMENT(S) : 1) Maryland Coastal Bays Program Letter of Request dated10/10/12

2) The original Memorandum of Understanding between the Mayorand City Council and the Maryland Coastal Bays Program with acurrent insurance certificate

Agenda Item # 1 5F



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To: David L. Recor, ICMACM, City Manager


Re: Ayres Creek Kayak Launch 8913 Lewis Road Request for a Five Year Extension Memorandum of Understanding Maryland Coastal Bays Program Foundation


On September 21, 2010 the Mayor and City Council (MCC) executed a Memorandum of Understanding (MOU) with the Maryland Coastal Bays Program (MCBP). This MOU had an initial Term of (02) two years and has recently expired on September 21, 2012.

Having successfully completed the construction of what is now known as the Ayres Creek Kayak Launch, the MCBP would like to have the MOU extended, without modification, for an additional period of (05) five years. I see no reason not to do so.

Subject to the MCBP maintaining a Certificate of Liability Insurance, in accordance with the MOU, for the requested time extension, I would ask for the MCC's approval of their request.

In closing, if members of the MCC have not had the opportunity to visit the site yet, they really need to schedule a visit. The overall project turned out beautiful and should serve Ocean City and Worcester County residents/visitors for years to come.

cc: D.

Wilson,

Ex.

Director,

MCBP

J. Parsons K. Allmond


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Oct. 10, 2012

RE: Ayres Creek Kayak Launch

Dear Ocean City Mayor and City Council:

The initial MOU between the Maryland Coastal Bays Program and the Mayor and City Council of Ocean City regarding the use of the Lewis Road Landfill expired on 21 September 2012.

Considering the success of this project to convert the landfill to a kayak launch, we would like torequest an extension for five years so that we may continue management of the site per the initialagreement. It has been a pleasure working with the town during the constructions of the site andwe have received many very positive responses from local residents and visitors to the facility.

Please feel free to contact me or Dr. Roman Jesien at 410-213-2297 if you have any questions.

Sincerely,

Dave WilsonExecutive DirectorMaryland Coastal Bays Program

Cc: Roman Jesien, MCBPCc: Hal Adkins

rj

Maryland Coastal Bays Program9919 Stephen Decatur Highway, Suite 4Ocean City, Maryland 21842410 213-2297410 213-2574 (fax)http://www.mdcoastalbays.org Email: [email protected]


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G. Request to Extend the Direct Media TransitAdvertising ContractPresented by: Hal Adkins, Public Works Director


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TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Hal O. Adkins, Public Works DirectorRE: Transportation Advertising Agreement Time Extension RequestDATE: October 19, 2012

I SSUE( S) : Expiration date of the Direct Media Transit AdvertisingAgreement

SUMMARY: The current Agreement expires on October 31, 2012 and staff desires to extend the Agreement

FI SCAL I MPACT: None if approved

RECOMMENDATI ON: Approve Amendment No. 3 for Direct Media thereby extendingthe current Agreement to September 1, 2013

ALTERNATI VES: Continue to wait for MTA concurrence, and rebid, regardless of timing at that time

RESPONSI BLE STAFF: George Thornes, Superintendent of TransportationBrian Connor, Assistant Superintendent of Transportation

COORDI NATED W I TH: Hal Adkins, Public Works DirectorJames Rasziewski, MTA Regional Planner

ATTACHMENT(S) : 1) Amendment No. 3 to the Advertising Agreement

Agenda Item # 15G

Council Meeting 11/5/2012


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To: David L. Recor, ICMA CM, City Manager


Re: Transportation Advertising Agreement Time Extension Request


The Town of Ocean City Transportation Department currently has a contract with Direct Media Inc for advertising efforts for our entire Transit Fleet. A brief history of this Agreement, and our desire for an additional time extension, are detailed as follows:

The Advertising Agreement with Direct Media was approved by the Mayor and City Council (MCC) on May 07, 2007. The original Agreement Term was for a period of 5 years spanning from May 08, 2007 thru May 08, 2012.

Because that Agreement was set to expire in May (the beginning of our summer season), and

if/when a new Advertising Agency may be awarded the new Agreement, it was anticipated that an non incumbent firm may have difficulty securing advertising contracts at the beginning of the season as most local businesses prepare for, dedicate, and spend their advertising dollars well before May. Additionally, as a direct result, it was anticipated that the Town may also suffer losses in revenue due to the Agency's "late start". Therefore, on November 1, 2011 the

Documents

November 5 2012 Complete Agenda