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WORKSESSION
Tuesday,June11,20131:00P.M. AClosedSessionisscheduledfrom11:301:00P.M.todiscusslegal, contractualandpersonnelmatters.
AGENDA
1. 2. 3. COMMENTSFROMTHEPUBLIC
AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgenda maybeheardduring Comments from the Public for a periodof three (3)minutes orsuch time asmay be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, addressandtheAgendaitemonwhichheorshewishestospeak.
CALLTOORDER REPORTONCLOSEDSESSIONJune11,201311:30a.m.
WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JUNE 11, 2013 2. Report on Closed Session Tuesday, June 11, 2013 - 11:30 a.m. Legal, Contractual and Personnel Matters
NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY DATE AND TIME: PLACE: SUBJECT: VOTE: Tuesday, June 11, 2013 11:30 a.m. City Hall Legal, Contractual and Personnel Matters UNANIMOUS OTHER: FOR: AGAINST: ABSTAIN: ABSENT:
AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES: 1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion, X 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 negotiations; 10. Discuss public security if the public body determines that public discussion would constitute a risk to the public or public security, including; a) the deployment of fire and police services and staff; and b) the development and implementation of emergency plans 11. Prepare, administer or grade a scholastic, licensing or qualifying examination; 12. Conduct or discuss an investigative proceeding on actual or possible criminal conduct; 13. Comply with a specific constitutional, statutory or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or 14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process
REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY Prior to this open session of the Mayor and City Council being held on Tuesday, June 11, 2013, a closed session was held on Tuesday, June 11, 2013 at 11:30 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 Personnel Matters (b) Persons present: Mayor Richard Meehan City Manager David Recor Council President Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; Brent Ashley; Dennis Dare; Margaret Pillas; and Joe Mitrecic Attorney Heather Stansbury of Ayres, Jenkins, Gordy & Allmand, P.A. Human Resource Director Wayne Evans Executive Office Associate Diana Chavis Action(s) taken: Motion to close meeting:
Time:
H:\Wpdoc\closedsess.wpd
WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JUNE 11, 2013 3. COMMENTS FROM THE PUBLIC
Any person who may wish to speak on a matter scheduled for discussion on the Work Session Agenda may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.
WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JUNE 11, 2013 4. NEW BUSINESS A. Fire Chief Request for Approval to Sole Source Purchase a Custom Engine/Tanker
60
TOWN OF
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Chris Larmore, Fire Chief Sole Source Purchase of Engine/Tanker June 6, 2013 Request approval to sole source purchase a 2013 KME Engine/ Tanker On May 16, 2011, the council unanimously approved to allocate funds in accordance with the Fire Apparatus Replacement Schedule. The Ocean City Volunteer Fire Company would like to sole source purchase #19 on that list, a KME Predator Custom Engine/Tanker consistent with current KME engines in service at this time. This unit has been competitively bid through KME and is priced as an add-on purchase to another KME in-house order. Custom Tandem Axle Engine/Tanker specifications and details have been reviewed and meet all required criteria.
ISSUE(S):
SUMMARY:
Contract price $ 628,135.00 This is a budgeted item. Recommend approval to sole source purchase a KME Engine/Tanker as specified by the Fire Department equipment committee. Do not purchase at this time which will increase the cost after the unit is built and delivered. Chris Shaffer, Assistant Fire Chief David L. Recor, ICMA-CM, City Manager 1) 2) 3) 4) Memorandum from Chief Larmore Formal bid proposal Bid letter Fire Apparatus Replacement Schedule of 5.16.11
ALTERNATIVES:
VolunteerDivisionFireMarshalDivision
June 5, 2013 The Fire Department is requesting the approval to order a new Fire Engine/Tanker for delivery in the next budget year. The unit will replace three current pieces of apparatus, Engine 702, Tanker 720, Air Light 722. This represents the third step in fleet consolation and movement toward consistency, as identified in the attached replacement schedule approved in the Spring of 2011. The original requested quote was reduced from over $700,850 to the current $628,135. Although over the replacement schedule estimate of $600,000, the recent Ariel truck estimated at $1,100,000 came in at $1,078,305, representing a total purchase within $6,440 of the original schedule. The effort to combine an engine and tanker will save over $500,000 and provide service to both Ocean City and West Ocean City, including the need for foam capacity at the Municipal Airport, and marinas within and outside Ocean City. I trust the Mayor, City Council, and City Manager will continue to be supportive and as proud as I am with the Committees efforts and adherence to the short and long range plan, resulting in responsible consolidation and efficiencies. Chris Larmore Fire Chief
OceanCityFireDepartment
1409PhiladelphiaAve,OceanCity,MD21842 http://oceancitymd.gov/Fire_Department/
Time of replacement
Years of service
25 20 26 26 29 24
Immediately Immediately
Immediately
No
Replace Engine
Replace
replacement
Truck 11
1 year
19
1 year
3 years
27
Replace Engine
8 years
18
Replace Truck 6
10 years
24
Replace
Rescue 7
3
12 years
14 years
25
20 26 20 20 21 21
Replace Engine
Replace
Truck 5
Replace Engine
Replace Engine
The purpose of this schedule is to create a time line to replace ambulances This plan will allow planned purchases to be budgeted and to maximize the use of our vehicle fleet Currently the department has 9 ambulances the oldest is a model year 2000 and the newest is a 2007 The department s ambulances combined run approximately 100 000 miles a year As these vehicles age repair cost and equipment down time is increasing In our current fleet 4 ambulances are over 100 000 miles with 2 more over 90 000 miles Since our most recent purchase many safety features such as airbags in the patient care area and safety restraints for care givers have been implemented on newer
models
The cost of an emergency vehicle over the past years has increased about 6 per year in the chart that
follows the projected costs are increased by that amount Most of these cost increases are for increases in
raw materials and Federal Government emissions standards
iICLE NUMBER
YEAR
APPARATUS
2000
2002 2004 2004
Ambulance Ambulance
Immediately
2013 2014 2015 2016
12 11 10 11 11 12 11 12
Ambulance
Ambulance
Ambulance Ambulance Ambulance
A702 A705
2017 2018
2019
2020
A706
A703
A701
Ambulance
Ambulance
13
000 249 263 940 776 279 563 296 356 314 218 333 210 353 403 374 867 396
YEAR
CONTRIBUTIONS
TOC Contr
TOTAL CONTR
PER YEAR
OCVFC Contr
APPARATUS
Apparatus
COST
REMAINING
TOTAL
Engine
535 00 000 00 535 000 400 00 000 000 1 1 00 00 600 00 000 150 00 000
9 2 00 000 80 00 4 2 000 45 000 9 1 00 10 510 1 00 000 000 822 1 00 0 1 00 000 34 434 00 000 596 00 000 908 00 000 2 1 00 000 20 5 1 00 000 32 000 844 1 00 492 1 00 000 804 1 00 000 752 00 000 276 1 00 000 800 00 000 000 324 1 00 089 1 00 000 613 1 00 000 000 137 2 00 0 1 00 000 33 557 1 00 000 401 00 100 925 00 100 000 295
Engine 9 Engine 12
Fire Rescue Boat
2011 2012
Truck 11
Engine 19
2013 2014 2015 2016
3
4
Brush 15
5 6
00 000 212
212 00 000
2017 2018
2019 2020
7 8
9
000 212 00
Engine
664 00 000
10
11 12 13
Tower 6
364 1 00 000
000 1 00 000 759 00 000
2021 2022
2023 2024 2025
Rescue 7
14
15
Engine 3
2026
2027
2028
16
17
Tower 5
628 1 00 000
679 1 00 900
18
19 20 21
000 424 00
424 00 000
100 00 000
100 00 000
2029
2030
16 Engine 4 12 Engine 2
424 00 000
424 00 000
100 00 000
100 00 000
2031
744 1 00 100
WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JUNE 11, 2013 4. NEW BUSINESS B. Discussion of Ocean Plaza Mall Sign Removal presented by Planning and Community Development Director
TOWN OF
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Matthew G. Margotta, AICP, Director of Planning & Community Development 94th Street/ Ocean Plaza Mall Signs 6/5/2013 Request from property owner to replace existing signs at any point in the future under the current provisions and protections of Chapter 66, Signs, Town of Ocean City Ordinance. 1) Request to grandfather certain existing signs for future development of the Ocean Plaza Mall property from Mr. Jeff Thaler, Atlantic Planning, Development, Design, Inc., representing the owner(s). 2) There are no specific code provisions governing the nature of the request. 3) Establish end date to amortize the subject signs. 4) Consideration of the request and provide direction to City Manager to implement as appropriate. None at this time. Application fees at time of Sign replacement. Direct the City Manager to issue a letter to the property owners that protects the signs under current provisions of Chapter 66, Signs, for a period not to exceed 10 years. 1) Deny the request. 2) Determine that another end date or that no end date is appropriate. Matthew G. Margotta, AICP, Director of Planning and Community Development City Manager Assistant Director of Planning and Community Development 1) Memo to City Manager, dated June 5, 2013 2) 4 Pictures of subject signs
ISSUE(S):
SUMMARY:
ALTERNATIVES:
RESPONSIBLE STAFF:
COORDINATED WITH:
ATTACHMENT(S):
FROM: Matthew G. Margotta, AICP, Director of Planning & Community Development RE: 94th Street/ Ocean Plaza Mall Identification Signs
In response to a request to 'grandfather' signs at Ocean Plaza Mall, I recommend that the request to provide protection for the subject signs be presented to the Mayor and City Council for concept endorsement. The M&CC can then direct the City Manager to issue the property owner a letter granting the site a ten year maximum period to have the signs protected from future (as yet undefined) non-conforming designation. Chapter 66, Signs, in the Ocean City municipal code of OC regulates signs. There are no provisions for the grandfathering of existing signs; however, the Town has used amortization to address non-conforming signs in the past. The existing permitted signs are allowed by ordinance with the expectation that they are maintained in good order. The request presumes that there will be a change in sign regulations that prohibit the property from re-permitting their signs should the existing signs be removed and the Code change is restrictive. Based on anecdotal observations and some conversations, I believe the property owners have a reason for concern as they may lose their ability to re-erect the signs. Once the Comprehensive Plan is updated, the next natural step is updating the ordinance, and sign proliferation has been mentioned several times when discussing Code updates. In regards to 'grandfathering', I'm not in favor of a blanket agreement to allow the existing signs to be re-permitted at any time in the future. The Town of Ocean City has used a 10 year amortization for non-conforming signs. As you're aware, a 5 year amortization for signs is fairly common practice throughout the U.S. While I believe that the property owners have a valid concern to protect their signage, at this point neither the property owner nor the Town has any true understanding of what form the redevelopment will occur on the site. This request is asking the Town to grant a right solely to this property based on two speculations that don't exist: 1) that the ordinance prohibits the subject signs; and 2) that the property will be redeveloped in such a way to require the signs. Given the fact that this matter pertains to a single property owner and that the Town has used a 10 year amortization for signs in the past, I recommend that the matter is presented in public seeking the endorsement of the Mayor and City Council. Feel free to contact me at mmargotta@oceancitymd.gov or at extension 8942.
WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JUNE 11, 2013 4. NEW BUSINESS C. Public Works Director Discussion of 94th Street Water Tower Painting Project
25166
TOWN OF
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director 94th Street Water Tower Painting Project Logo or No Logo June 6, 2013 Discussion of logo for 94th Street Water Tower The Water Tower is slated for renovation and painting this fall. Does the Council desire a logo to be placed on the tower as part of the painting project Scope? +/- $15,000 for the additional logo work. This cost would be covered and absorbed by the Water Enterprise Fund. Due to the proximity of the tank to the traveling motorist on Coastal Highway, staff recommends a logo not be included. Include a logo of some sort and provide staff guidance/direction on what it is to state. Hal O. Adkins, Public Works Director Jim Parsons, Chief Deputy Public Works Director Howard Bud Iman, Water Superintendent Dean Dashiell, Senior Project Manager Earl Swartzendruber, Whitman, Requardt and Associates 1) Brief Tank Logo History 2) Aerial View of the Tank Location w/Dimensions to the Highway
ISSUE(S): SUMMARY:
FISCAL IMPACT:
RECOMMENDATION:
ALTERNATIVES:
ATTACHMENT(S):
(1) Many years ago all the Water Towers had the Vintage Logo. (2) Over the years I was instructed to do away with them as we repainted tanks so I did away with them. (3) Then along came the Dew Tour a few years ago and the Town agreed to allow the Dew Tour to place a large logo on the Worcester Street Tower. It is still there to this day. (4) Then along came the Thank You campaign citywide and I was instructed to add a Thank You and Welcome To logo to the 64th Street Water Tower. That was done and well received. (5) We then had the 136th Street tank slated for repainting. Since it is the northern most tank and visible to those entering Town from the north, it too was repainted with a Thank You and Welcome To logo. (6) So..we are about to bid the repainting of the elevated water tower at 94th Street. It sits substantially west of Coastal Highway and has a limited impact on motorists traveling Coastal Highway when it comes to their ability to view any lettering that would be added. So, the question that needs an answer: Does the Town want a Thank You and Welcome To logo on this tank also OR simply to have it repainted without a logo?
ROSES
9801
parking garage
SUPER FRESH
9405
9507
COASTAL HWY
1114'
9701
7-ELEVEN
9404
FLY CL
RT LEAGUE
500
400
502
300
774'
9401
9400 OCEAN C
9400
402
501 9311
403 9210
94TH ST
9311 9300 9307 9305 9203 9206 9204 9202 9205 9203
303
203
CARIBBEAN DR
COASTAL HWY
9201 - 9229
9206
9206 9204
DECABRA SHOPS
9208
9301
9300
9209
9204
JETTY'S BREAK
404
402
304
ARCTIC AVE
9107 9105 9100 9015
300
1114'
502
500
9202
9206
12
200
10
503
403
92ND ST
401
9013 9011 9009 9007
9104
9102 9100
9011
9105
9013
9011
9008
9100
9006
9103 9101
9008 9006
9100
0 50 100
200
Feet 300
PRINCES
9010
parking garage
ROYAL
9104
9105
9104
201
9107
303
9106
LAYTONS
17
93RD ST
11
WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JUNE 11, 2013 4. NEW BUSINESS D. City Clerk Request for Approval to Solicit Legal Advertising Bids
TOWN OF
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kelly Allmond, City Clerk Legal Advertising Agreement June 4, 2013 Permission to submit a Request for Proposals for Legal Advertising The three-year contract for the Towns legal advertising expires on June 30, 2013. The contract, in fact, expires on July 1, 2013, so I contacted the existing provider and they have agreed to extend our contract by one month. I am, therefore, requesting permission to seek RFPs for legal advertising for another three-year contract. These RFPs will be due and acknowledged at the July 09, 2013 Work Session and recommended for award at the July 30 Work Session.
ISSUE(S): SUMMARY:
FISCAL IMPACT:
FY13 Budget Allocation = $3,500.00 FY13 Legal Advertising budget expenditure: $3,300 (as of 6.5.2013) Grant the City Clerk permission to seek RFPs for legal advertising. Renew the current agreement for another three years. Kelly Allmond, City Clerk Not applicable Legal Advertising RFP
The Mayor and City Council of Ocean City are entertaining price quotes for legal advertising in the following three formats: One (1) year, two (2) year and three (3) year agreements. Selection will be based on the most beneficial to the Town of Ocean City. The oneyear term will begin August 1, 2013 and end June 30, 2014, twoyear and threeyear terms will end June 30, 2015 and June 30, 2016 respectively. Proposals must be in the City Managers Office, City Hall, 301 Baltimore Avenue, P.O. Box 158, Ocean City, MD 21843 no later than 11:00 a.m. Tuesday, July 9, 2013. Mailed proposals must be received by this time as postmarks will note be considered. Faxed proposals are not allowed and will not be considered valid. Proposals will be acknowledged by the Mayor and City Council at the Work Session of July 9, 2013. The City Clerk will evaluate all proposals and make a recommendation to the Mayor and Council for selection. In awarding the contract, the Mayor and Council may consider the experience, responsibility, previous work or association with the Town and financial standing of the respondent. The Mayor and Council reserve the right to reject any and all proposals for any reason. If promised delivery is not met, the Mayor and Council shall have the right to terminate the agreement by specifying the date of termination in a written notice at least thirty (30) calendar days before the termination date.
QUALIFICATIONS
Bidders must provide: A sworn affidavit offering proof of meeting the requirements of Article 1, 28 of the Annotated Code of Maryland A copy of postal service form 3507, Authorization for Second Class Mail Privileges, executed and issued by the postal service with a current (30 days or less) effective date. A current copy (30 days or less) of Postal Service form 35411
SPECIFICATIONS
For the purpose of this bid proposal, legal notices include bid, public, election, tax sale notices, ordinances, Planning and Zoning Commission, Board of Port Wardens, Board of Zoning Appeals meeting notices and any other notice, which must meet special requirements, such as those that cannot be placed with other legal notices, require specific type size and a minimum page size. Type size, font and line spacing All legal notices must appear in a legible type size of not less than 10 point, in an approved bold font (sample to be included) and with not less that 11 leading. A 1/8 gutter is required between columns. The Town may request exceptions to the above for some notices. Notice headings will be set in all capitals and the city seal 1 x 1 will be displayed upon request. Whenever possible, all legal notices published for a given week by the Town are to appear together on a page or pages as necessary or a portion thereof. Certificates of Publication must be provided for each item published, and must state the cost and time(s) published.
H:\word\LegalAdvertisingRFP.doc
PRICE
Price to be based on a one 2 3/8 wide column x 7 in depth
One (1) year (08/01/2013 to 06/30/2014) Total Price per 7 in depth ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ Column Inc Price: (Total Price by 7) Total Price per 7 depth
Two (2) year (08/01/2013 to 6/30/2015) Column Inch Price: (Total Price by 7) Total Price per 7 depth
Column Inch Price: (Total Price by 7) Proposal Submitted by: Name Title Publication Telephone Email
Note: This form must be signed by an officer of your company or an authorized agent for this proposal to be considered valid by the Mayor and City Council of Ocean City, Maryland. Proposals must be in the City Managers Office, City Hall, 301 Baltimore Avenue, P.O. Box 158, Ocean City, Maryland 21843 no later than 11:00 a.m. Tuesday, July 09, 2013. Please write: RFP Legal Advertising, on the outside of the sealed envelope. For questions, contact: Kelly L. Allmond, City Clerk 301 Baltimore Avenue Ocean City, MD 21842 4102898842 kallmond@oceancitymd.gov