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 and Collective Bargaining Matters 1. Report on Closed Session Tuesday, January 29, 2012 10:30 a.m. Legal, Contractual and Collective Bargaining Matters 2. Bid Opening Boardwalk Variable Message Signs 3. Request Approval of TAB Recommendation for 2013 Fireworks and Laser Shows Presented by: Donna Abbott, Tourism Director 4. OCPD 2012 End-of-Year Report Presented by: Acting Chief Kevin Kirstein 5. Bid Award Recommendations for Beach Equipment Franchise North End Parcels Presented by: Kelly Allmond, City Clerk 6. Discussion of the Formation of Committees and Commissions Presented by: David Recor, City Manager

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

NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY Tuesday, January 29, 2013 10:30 a.m. City Hall Legal, Contractual and Collective Bargaining Matters UNANIMOUS OTHER: FOR: AGAINST: ABSTAIN: ABSENT: from vote only: AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES: 1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or (ii) any other personnel matter that affects one or more specific individuals; 2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business 3. To consider the acquisition of real property for the public purpose and matters directly related thereto; 4. Consider a matter that concerns the proposal for a business or industrial organization to locate, expand or locate in the state; 5. Consider the investment of public funds; 6. Consider the marketing of public securities; 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 X negotiations; 10. Discuss public security if the public body determines that public discussion would constitute a risk to the public or public security, including; a) the deployment of fire and police services and staff; and b) the development and implementation of emergency plans 11. Prepare, administer or grade a scholastic, licensing or qualifying examination; 12. Conduct or discuss an investigative proceeding on actual or possible criminal conduct; 13. Comply with a specific constitutional, statutory or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or 14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion X or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process DATE AND TIME: PLACE: SUBJECT: VOTE:

REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY Prior to this 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 Meehan City Manager David Recor Council President Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dare and Joe Mitrecic City Solicitor Guy Ayres City Clerk Kelly Allmond Public Works Director Hal Adkins Miles & Stockbridge Associate John Gilman Executive Office Associate Diana Chavis Action(s) taken: Motion to close meeting:

H:\Wpdoc\closedsess.wpd

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 29, 2013 2 Bid Opening - Boardwalk Variable Message Signs

BID SPREAD SHEET ITEM:

Boardwalk VMS Sign

Bidders Atlantic Sign Gable Sign Baltimore, MD Gardner Sign Salisbury, MD Phillips Sign Seaford, DE Selby Sign Pocomoke City, MD Triangle Sign Baltimore, MD Total Bid

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

28,000.00 40,000.00

BID
Proposal of _____________________________________(herein called 'BIDDER'), organized and existing under the laws of this State of Maryland doing business as a/an ____________________________*. To the TOWN OF OCEAN CITY, OCEAN CITY, MARYLAND (herein called the 'TOWN'). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of the BOARDWALK VMS SIGNS 2013 in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 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 thereafter as provided in Section 15 of General Conditions. BIDDER acknowledges receipt of the following ADDENDUM: ____________________________________________________________ ____________________________________________________________

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

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

BID SCHEDULE
NOTE: BIDS shall include all applicable fees. Item No. ________ 1 2 3 4 Quantities _________ 1 LS 1 LS 2 EA 1 yr Description __________ Site survey & Shop Drawings Relocate two existing signs New AF-3500-32x96-20-R-2V Signs, installed. service contract new signs only Unit Cost ________ ----------------------Total Cost _________ $________ $________

$_______/ea $________ $______/yr $________

TOTAL BID.....................................................................................................$____________ _________________________________________________________________dollars Respectfully submitted, __________________________________ Signature _________________________________ _________________________________ Address __________________________ Title _________________________________ License Number (Seal-if BID is by a corporation) Attest ________ Date

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 29, 2013 3 Request Approval of TAB Recommendation for 2013 Fireworks and Laser Shows Presented by: Donna Abbott, Tourism Director

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 3 Jan. 29, 2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Donna Abbott, Tourism Director TAB recommendation for funding 2013 fireworks, laser shows & other events January 23, 2013 TAB recommendation for funding free laser shows, fireworks and OCtoberfest At its January 7, 2013 meeting, the Tourism Advisory Board reviewed 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).

ISSUE(S):

SUMMARY:

TAB unanimously approved funding $75,000 from FY13 and $210,000 in FY14 to fund these events. FISCAL IMPACT: Funds are available in TAB allocation in the Tourism Department budget. Approve TAB recommendation. Not approve TAB recommendation. Donna Abbott, Tourism Director Tourism Advisory Board Plan presented to TAB by TEAM Productions.

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

TO: Tourism Advisory Board FROM: Special Event/T.E.A.M Thank you for the opportunity to present a proposal for the 2013 Ocean City Events Calendar. As recapped and discussed at the December 2012 TAB meeting, this proposal builds upon our successful 2012 events as well as provides additional event days and locations. Simply put, this proposal will reach more visitors, on more days and in more locations thereby enriching the vacationing experience in Ocean City. 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, 2013 Laser/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, 2013 Fireworks 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, 2013 OCtoberfest 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, 2013 during 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 our intent to design three different laser shows for this year which will make the show new and fresh for this year's visitors. However please know that it takes months to design, create and secure the material and labor, 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

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 29, 2013 4 OCPD 2012 End-of-Year Report Presented by: Acting Chief Kevin Kirstein

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 4 Jan. 29, 2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Acting Chief of Police Kevin M. Kirstein 2012 Annual Report of the Ocean City Police Department January 29, 2013 2012 Annual Report of the Ocean City Police Department 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. A PowerPoint presentation will summarize the report, which will be publicly released on the OCPD website immediately following the presentation. N/A N/A N/A Acting Chief of Police Kevin M. Kirstein and staff N/A Report to be released on OCPD website following presentation

ISSUE(S): SUMMARY:

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

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 29, 2013 5 Bid Award Recommendations for Beach Equipment Franchise North End Parcels Presented by: Kelly Allmond, City Clerk

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5 1.29.2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kelly L. Allmond, CMC Beach Equipment Bid Awards 01/23/2013 Bid award recommendations for north end beach equipment parcels On December 5, 2012 the Beach Mediation Board conducted a live auction for 14 north end parcels. All bidders paid their 20% in a timely fashion. All bidders declared under the penalties of perjury that they arrived at their bids independently, and, have no direct or indirect interest in any other Beach Equipment Franchise. All winning bidders paid the required $500.00 deposit per parcel, and 20% of the annual fee (less the deposit) on or before December 10, 2012. All bidders provided their FDIC certified credit report, bank and credit references. Overall gain of $1,199.00 for all parcels bid. Award the north end parcel franchises to the highest bidders. Re-bid some or all of the parcels. Kelly L. Allmond, City Clerk Beach Mediation Board Finance Department Internal Auditor Susan Childs City Solicitor Guy Ayres North end Beach Equipment Parcel Award Schedule

ISSUE(S): SUMMARY:

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

ATTACHMENT(S):

2012BeachEquipmentBidResults
Parcel 85th,86thand87thStreets 88th,89th,90thStreetsand91stStreetend 92ndend(north),93rdStreetsand9400Condo CenturyI,EnglishTowerandMarigotBeachCondos Atlantis,QuayandGoldenSandsCondos Capri,IreneandRainbowCondos Fountainhead,Carouseland118thStreet 119th,120thand121stStreets 125th,126thand127thStreets 128th,129thand130thStreets 134th,135thand136thStreets 137th,138thand139thStreets 140th,141st,142ndStreets 143rd,144th,145thand146thStreetstoMD/DELine Bidder Charlotte Edmunds William William Patrice Patrick Amir Patrick Patrice Trudy Brock Ron Ron Patrick Patrick Edmunds Edmunds Murrell McLaughlin Kahleel McLaughlin Murrell Stock Hite Steen Steen McLaughlin McLaughlin OldAnnual NewAnnual $698.78 $5,056.47 $10,353.85 $19,736.07 $26,769.07 $7,623.00 $13,131.65 $10,026.42 $4,711.74 $3,094.58 $3,000.00 $4,691.78 $1,210.00 $1,397.50 $700.00 $4,000.00 $6,400.00 $8,200.00 $20,700.00 $11,800.00 $26,000.00 $6,700.00 $4,100.00 $3,500.00 $3,500.00 $4,500.00 $5,100.00 $7,500.00

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 29, 2013 6 Discussion of the Formation of Committees and Commissions Presented by: David Recor, City Manager

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 6 Jan. 29, 2013

TO: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Committees and Commissions January 23, 2013 Discussion regarding reestablishing Committees and Commissions as prescribed in the Town Charter. 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 been scheduled for further discussion. Section C-413 of the Town Charter, Powers and duties of Mayor, states: Upon confirmation by the Council, the Mayor shall appoint 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 the Town Charter and/or the Town Code of Ordinances. In addition, several Legislative Committees have also been identified in a separate attachment. The Council voted (4-3) to dissolve these committees and commissions at the Organizational Meeting on October 21, 2010.

ISSUE(S):

SUMMARY:

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

N/A Discussion of options and alternatives. TBD N/A 1) Town Charter, Section C-413 and 413A 2) 2010 memorandum from City Solicitor Commissions and Boards 3) Legislative Committees, Effective 12/15/2008

regarding

Municode

Page 1 of 1

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 the commission 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: A. B. C. D. E. F. G. H. 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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1/23/2013

MEMO TO FROM

MAYOR AND COUNCILMEMBERS

CITY SOLICITOR

SUBJECT

COMMISSIONS AND BOARDS

As a result of the council vote on October 21 2010 I have prepared a list of commissions
and boards set forth in either the Town Charter and the Town code of ordinances and to or

identify if either a charter amendment and code amendment is required to accomplish this or
intent

Board Commission

Membership
Councilmembers
or

Charter

Ordinance

Mayor

change
Yes
No

change
Yes
No

1 Police Commission

C and M
No

2 Board Elections

3
4

Zoning Board of Zoning Appeals

Planning

No
No C and M No
No

No
No
No

No
No
Yes No No Yes No

5 Pension Trustees

6 Noise Control Board

7 Beautification Committee

No
No

8 Risk Management 9 Ethics Commission

10 Board of Adjustments and 12 Mediation Board 13 Personnel Grievance Board 14 Traffic Commission

C
No

No No No
No

Appeals

No

No
No

11 Fire Prevention Commission

No

C
No C and M

No
No No

Yes
No Yes Yes

15

Parking Commission

C and M
No

No
No

16 Board of Port Wardens 17 BDA Review Committee

No

No

No

No

Historically the Mayor and Council have recognized and appointed members to what is
known as the Tourism Commission and the Recreation and Parks Commission Neither of these commissions were or are created or otherwise identified in either the Town charter or
LAW OFFICES

Code of Ordinances Accordingly no charter or code amendments are necessary to cease

GORDY

AYRES JENKINS A ALMAND P

official participation in those entities

2

SUITE 200 6200 COASTAL HIGHWAY OCEAN CITY MD 21842

It is assumed that if neither the Mayor nor any Councilmembers are on the Commission or
Board that the vote
was

not meant to have any effect

on

those Commissions and Boards