ocean city council agenda - january 29, 2013

7/29/2019 Ocean City Council Agenda - January 29, 2013

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AGENDA

MAYOR AND CITY COUNCIL WORK SESSION

TUESDAY, JANUARY 29, 2013 10:30 A.M.

Closed Session Tuesday, January 29, 2013 10:30 a.m.- 1:00 p.m. Legal, Contractual andCollective Bargaining Matters

1. Report on Closed Session Tuesday, January 29, 2012 10:30 a.m. Legal, Contractual andCollective Bargaining Matters

2. Bid Opening Boardwalk Variable Message Signs3. Request Approval of TAB Recommendation for 2013 Fireworks and Laser Shows

Presented by: Donna Abbott, Tourism Director

4. OCPD 2012 End-of-Year ReportPresented by: Acting Chief Kevin Kirstein5. Bid Award Recommendations for Beach Equipment Franchise North End Parcels

Presented by: Kelly Allmond, City Clerk

6. Discussion of the Formation of Committees and CommissionsPresented by: David Recor, City Manager


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WORK SESSION -MAYOR AND CITY COUNCIL

TUESDAY, JANUARY 29, 2013

1 Report on Closed Session - Tuesday, January 29, 2013

10:30 a.m. 1:00 p.m. Legal, Contractual, and Collective

Bargaining 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:

1. To discuss:(i) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation or performance evaluation ofappointees, 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 isnot related to public business

3. To consider the acquisition of real property for the public purpose and mattersdirectly related thereto;

4. Consider a matter that concerns the proposal for a business or industrialorganization 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;

X9. Conduct collective bargaining negotiations or consider matters that relate to the

negotiations;

10. Discuss public security if the public body determines that public discussionwould 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 ormatter; or

X

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: Tuesday, January 29, 2013 10:30 a.m.

PLACE: City Hall

SUBJECT: Legal, Contractual and Collective Bargaining Matters

VOTE: UNANIMOUS

OTHER: FOR:

AGAINST:

ABSTAIN:

ABSENT:from voteonly:


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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 Tuesday,

January 29, 2013, a closed session was held on Tuesday, January 29, 2013 at

10:30 a.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, Contractual and Collective Bargaining Matters

(b) Persons present:

Mayor Richard MeehanCity Manager David RecorCouncil President Lloyd MartinCouncil Secretary Mary KnightCouncil Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dare

and Joe MitrecicCity Solicitor Guy AyresCity Clerk Kelly AllmondPublic Works Director Hal AdkinsMiles & Stockbridge Associate John GilmanExecutive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

H:\Wpdoc\closedsess.wpd


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2 Bid Opening - Boardwalk Variable Message Signs


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BID SPREAD SHEET

ITEM: Boardwalk VMS Sign

Bidders Total Bid

Atlantic Sign

Gable Sign

Baltimore, MD

Gardner Sign

Salisbury, MD

Phillips Sign

Seaford, DE

Selby Sign

Pocomoke City, MD

Triangle Sign

Baltimore, MD

BID BOND: YES NO X

STAFF ESTIMATE: 28,000.00

BUDGET ALLOCATION: 40,000.00


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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 BOARDWALK VMS SIGNS 2013 in strict accordance withthe CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated

below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each 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 with

any 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 EIGHTY(80) consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages,the sum of FIVE HUNDED DOLLARS ($500.00) for each consecutive calendar day thereafteras 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.

Item No. Quantities Description Unit Cost Total Cost________ _________ __________ ________ _________

1 1 LS Site survey & Shop Drawings ------------ $________

2 1 LS Relocate two existing signs ------------ $________

3 2 EA New AF-3500-32x96-20-R-2V $_______/ea $________Signs, installed.

4 1 yr service contract new signs only $______/yr $________

TOTAL BID.....................................................................................................$____________

_________________________________________________________________dollars

Respectfully submitted,

__________________________________Signature

__________________________________________________________________

Address

__________________________ ________Title Date

_________________________________License Number

(Seal-if BID is by a corporation)

Attest


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3 Request Approval of TAB Recommendation for 2013

Fireworks and Laser Shows

Presented by: Donna Abbott, Tourism Director


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TOW N OF

The W h i t e Mar l i n Cap i t a l o f t he Wor ld

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Donna Abbott, Tourism DirectorRE: TAB recommendation for funding 2013 fireworks, laser shows & other eventsDATE: January 23, 2013

I SSUE( S) : TAB recommendation for funding free laser shows, fireworks andOCtoberfest

SUMMARY: At its January 7, 2013 meeting, the Tourism Advisory Boardreviewed a proposal from TEAM Productions that included:

a patriotic laser show Memorial Day Saturday; laser shows every Sunday beginning Memorial Day

Sunday and running through Labor Day Sunday; fireworks at Sundaes in the Park; fireworks on Mondays and Tuesdays, 5/27/13 through

8/26/13; and fireworks OCtoberfest weekends (last two October

weekends).

TAB unanimously approved funding $75,000 from FY13 and$210,000 in FY14 to fund these events.

FI SCAL I MPACT: Funds are available in TAB allocation in the Tourism Departmentbudget.

RECOMMENDATI ON: Approve TAB recommendation.

ALTERNATI VES: Not approve TAB recommendation.

RESPONSI BLE STAFF: Donna Abbott, Tourism Director

COORDI NATED W I TH: Tourism Advisory Board

ATTACHMENT(S) : Plan presented to TAB by TEAM Productions.

Agenda Item # 3

Council Meeting Jan. 29, 2013


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TO: Tourism Advisory BoardFROM: Special Event/T.E.A.M

Thank you for the opportunity to present a proposal for the 2013 Ocean City Events Calendar. Asrecapped and discussed at the December 2012 TAB meeting, this proposal builds upon our successful2012 events as well as provides additional event days and locations. Simply put, this proposal will reachmore visitors, on more days and in more locations thereby enriching the vacationing experience in OceanCity.

SUMMER 2013 EVENT SCHEDULE:Beginning Memorial Day Weekend and running to Labor Day Weekend......

Saturday, May 25, 2013...Patriotic Laser/Video show...three shows...9:30 PM, 10:00 PM, 10:30 PM

Sunday, May 26, 2013 and every Sunday thru and inclusive of Sunday September 1, 2013Laser/Video show...three shows...9:30 PM, 10:00 PM, 10:30 PM

Sunday July 14, 2013 and every Sunday thru and inclusive of Sunday August 25, 2013 Fireworks at Northside Park as Grand Finale to each Sundaes in the Park

Monday May 27, 2013 and every Monday thru and inclusive of Monday August 26, 2013Fireworks on the beach downtown...10:00 PM

Tuesday July 9, 2013 and every Tuesday thru and inclusive of Tuesday August 27, 2013 Fireworks on the beach downtown...10:00 PM

Saturday October 19, Sunday 20, 2013 and Saturday October 26, Sunday October 27, 2013OCtoberfest featuring the Beach Maze, Pumpkin Races and Pet Costume Parade

In order to produce this event schedule, we would request one payment of $75,000 by May 15, 2013during your current fiscal year ending June 30, 2013. The balance of $210,000 on a mutually agreeable

monthly schedule beginning July 7, 2013 with final payment following the last event date.

Please remember that this is a budgeted number and we came in under budget in 2012. It is also ourintent to design three different laser shows for this year which will make the show new and fresh for thisyear's visitors. However please know that it takes months to design, create and secure the material andlabor, so the sooner we receive authorization to proceed, the better the end result.

Thank you once again for the opportunity.

Jack Hennen and Bob Rothermel

Special Event/TEAM


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4 OCPD 2012 End-of-Year Report

Presented by: Acting Chief Kevin Kirstein


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TOW N OF


TO: The Honorable Mayor, Council President and Members of Council

THRU: David L. Recor, ICMA-CM, City ManagerFROM: Acting Chief of Police Kevin M. Kirstein

RE: 2012 Annual Report of the Ocean City Police DepartmentDATE: January 29, 2013

I SSUE( S) : 2012 Annual Report of the Ocean City Police Department

SUMMARY: The Police Department is pleased to present its 2012 Annual

Report. The report highlights statistics, achievements and major

accomplishments occurring during the 2012 calendar year. APowerPoint presentation will summarize the report, which will be

publicly released on the OCPD website immediately following the

presentation.

FI SCAL I MPACT: N/A

RECOMMENDATI ON: N/A

ALTERNATI VES: N/A

RESPONSI BLE STAFF: Acting Chief of Police Kevin M. Kirstein and staff

COORDI NATED W I TH: N/A

ATTACHMENT(S) : Report to be released on OCPD website following presentation

Agenda Item # 4



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5Bid Award Recommendations for Beach Equipment

Franchise North End Parcels

Presented by: Kelly Allmond, City Clerk


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TOW N OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Kelly L. Allmond, CMCRE: Beach Equipment Bid AwardsDATE: 01/23/2013

I SSUE( S) : Bid award recommendations for north end beach equipment parcels

SUMMARY: On December 5, 2012 the Beach Mediation Board conducted alive auction for 14 north end parcels. All bidders paid their 20%

in a timely fashion. All bidders declared under the penalties ofperjury that they arrived at their bids independently, and, haveno direct or indirect interest in any other Beach EquipmentFranchise. All winning bidders paid the required $500.00 depositper parcel, and 20% of the annual fee (less the deposit) on orbefore December 10, 2012. All bidders provided their FDICcertified credit report, bank and credit references.

FI SCAL I MPACT: Overall gain of $1,199.00 for all parcels bid.

RECOMMENDATI ON: Award the north end parcel franchises to the highest bidders.

ALTERNATI VES: Re-bid some or all of the parcels.

RESPONSI BLE STAFF: Kelly L. Allmond, City Clerk

COORDI NATED W I TH: Beach Mediation BoardFinance DepartmentInternal Auditor Susan ChildsCity Solicitor Guy Ayres

ATTACHMENT(S) : North end Beach Equipment Parcel Award Schedule

Agenda Item # 5

Council Meeting 1.29.2013


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2012BeachEquipmentBidResultsParcel OldAnnual NewAnnual

85th,86thand87thStreets Charlotte Edmunds $698.78 $700.0088th,89th,90thStreetsand91stStreetend William Edmunds $5,056.47 $4,000.0092ndend(north),93rdStreetsand9400Condo William Edmunds $10,353.85 $6,400.00CenturyI,EnglishTowerandMarigotBeachCondos Patrice Murrell $19,736.07 $8,200.00Atlantis,QuayandGoldenSandsCondos Patrick McLaughlin $26,769.07 $20,700.00Capri,Ireneand RainbowCondos Amir Kahleel $7,623.00 $11,800.00Fountainhead,Carouseland118thStreet Patrick McLaughlin $13,131.65 $26,000.00119th,120thand121stStreets Patrice Murrell $10,026.42 $6,700.00125th,126thand127thStreets Trudy Stock $4,711.74 $4,100.00128th,129thand130thStreets Brock Hite $3,094.58 $3,500.00134th,135thand136thStreets Ron Steen $3,000.00 $3,500.00137th,138thand139thStreets Ron Steen $4,691.78 $4,500.00140th,141st,142ndStreets Patrick McLaughlin $1,210.00 $5,100.00143rd,144th,145thand146thStreetsto MD/DELine Patrick McLaughlin $1,397.50 $7,500.00

Bidder


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6 Discussion of the Formation of Committees and

Commissions

Presented by: David Recor, City Manager


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TOW N OF


TO: The Honorable Mayor, Council President and Members of Council

FROM: David L. Recor, ICMA-CM, City ManagerRE: Committees and Commissions

DATE: January 23, 2013

I SSUE( S) : Discussion regarding reestablishing Committees andCommissions as prescribed in the Town Charter.

SUMMARY: As requested by the Mayor and Council during the January 7,2013, regular session, reestablishing Committees and

Committees as prescribed in the Town Charter has beenscheduled for further discussion.

Section C-413 of the Town Charter, Powers and duties of Mayor,

states: Upon confirmation by the Council, the Mayor shallappoint members to all city boards, commissions and

committees.

The attached 2010 memorandum from the City Solicitor

identifies a list of commissions and boards set forth in either theTown Charter and/or the Town Code of Ordinances. In addition,

several Legislative Committees have also been identified in aseparate attachment.

The Council voted (4-3) to dissolve these committees and

commissions at the Organizational Meeting on October 21, 2010.

FI SCAL I MPACT: N/A

RECOMMENDATI ON: Discussion of options and alternatives.

ALTERNATI VES: TBD

COORDI NATED W I TH: N/A

ATTACHMENT(S) : 1) Town Charter, Section C-413 and 413A2) 2010 memorandum from City Solicitor regarding

Commissions and Boards3) Legislative Committees, Effective 12/15/2008

Agenda Item # 6



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A.

B.

C.

D.

E.

F.

G.

H.

C-413. - Powers and duties of Mayor. (180)

The Chief of Police shall be appointed by a majority of votes of the Mayor and City Council

with each Councilmember and the Mayor having one (1) vote. A commission consisting of four (4)

members, one (1) of which shall be the Mayor, who is to be a permanent member of thecommission and not subject to removal from the commission, and three (3) members taken from

the membership of the City Council shall advise the administration of the Police Department, with all

matters being resolved by a majority vote of the commission. The three (3) members of the

commission taken from the membership of the City Council shall be appointed by the Mayor with

the approval by the City Council members and shall serve at the pleasure of the City Council. The

four-member commission shall be known as the "Ocean City Police Commission." The Mayor shall

be the chief representative of the Town before all State, Federal and other local governmental

bodies. The Mayor shall act as the City Manager of the Town during the pendency of any vacancy

in the position of the City Manager and during such time shall be the chief administrative and

financial officer of the Town. Upon confirmation by the Council, the Mayor shall appoint members to

all city boards, commissions and committees. The powers and duties of the Mayor shall not be

diminished without being submitted to a referendum of the voters.

(Res. No. 1976-15, 1-5-1976; Res. No. 1980-4, 11-3-1980; Res. No. 1981-10, 12-21-1981; Res. No. 1982-15, 11-15

-1982; Res. No. 1984-3, 12-17-1984; Res. No. 1990-1, 9-3-1990; Res. No. 2007-1, 8-20-2007)

C-413A. - General powers and duties of Council.

The Council shall consist of seven (7) members elected at large and shall hold all the

legislative and, except for the mayoral veto, all the executive powers of the town. The Council shall:

Elect one (1) of its members as President.

Make all policy decisions subject to the provisions of this charter.

Appoint the City Auditor, City Attorney, City Manager and Clerk-Treasurer.

Establish powers and duties for all city boards, commissions and committees in the

ordinance which creates them.

Receive from the City Manager recommendations for hiring and discharging all

department heads of the town.

Establish the salaries and other compensation for all officials and employees of the

town.

Exercise direct supervision and control over the City Manager.

Deal with or issue orders or requests to town employees only through the City

Manager, except in the case of formal inquiries or investigations.

(Res. No. 1981-10, 12-21-1981; Res. No. 1990-1, 9-3-1990)

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ocean city council agenda - january 29, 2013

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