PRESENT: Mayor Powell, President Feehley, Councilmen Gisriel, Meehan,
Mathias, Hall, Duggan, and Mann; City Solicitor Guy Ayres; City Manager Dennis Dare, Adm. Ass't to City Mgr. Kathy Mathias; Terry McGean, Bob Rothermel, Martha Bennett, G. d'Eustachio, Members of the Press, and Interested Citizens. Also present were members of the architectural and construction management teams.
1. President Feehley called the work session to order at 1:00 p.m.
2. The first order of business was a public hearing regarding the Convention Center. City Manager Dare opened the hearing and introduced John Staley, Chairman of the Feasibility Committee, who announced members of the committee and introduced those present today. For the benefit of the public, City Manager Dare gave a brief overview of happenings to date. In tandem with this overview, Martha Bennett projected overhead slides which depicted various analysis factors. As this was a public hearing, the floor was then opened to comments. Several members of the Feasibility Committee spoke, in essence saying now is the time to proceed and woo the state legislature. All who spoke stated this venture would stabilize the community by enhancing the off-season market.
John Harrison, up to this point opposed to Option C, today spoke favorably, however with reservations. In speaking with the staff, many of his concerns had been addressed turning him to a more favorable viewpoint. Mr. Harrison's recommendations include subdividing the new building, more marketing staff, establishing reserve monies for future repairs, and increasing the food/beverage tax to 3/4% instead of the recommended 1/2% which would eliminate the Town's annual subsidy. He also recommended a resolution be passed that future needs would be collected through food/beverage tax and not property or room taxes.
City Solicitor Ayres at this point explained that the Town of Ocean City cannot request legislation passed for a food/beverage tax exclusively for itself. Legislation must be introduced into the General Assembly to allow for a food/beverage tax and how it would be divided up through counties would have to be addressed by the Attorney General. Mr. Ayres reminded everyone that the deadline for introduction of bills is February 13 (+/-). Bob Warfield suggested as part of his statement that perhaps a letterwriting campaign supporting the Town's request might be in order. Mayor Powell stated that the financing has not been established and is ultimately up to the members of the state legislature, not just the Governor's support. There being no further public statements, Councilman Duggan moved to close the public hearing; seconded by Councilman Mann. The vote was unanimous.
3. RFP's for the Vehicle Maintenance Facility Expansion and Bus-Washing Facility were acknowledged and remanded to staff as follows:
Gregory D. Torchio, Centerville, MD
Greiner Engineering, Baltimore, MD
Dhillon Engineering, Reisterstown, MD
KCI Technologies, Hunt Valley, MD
Franklin J. Duane (DCMM Architects), Gaithersburg, MD
Gannett Flemming Architects, Baltimore, MD
Whitman, Requardt & Associates, Baltimore, MD
Ross, Murphy, Finkelstein, Baltimore, MD
Zivic & Hurdle Architects, Fairfax, VA
Iott, A-GC-E, Salisbury, MD
Councilman Mathias moved to acknowledge; seconded by Councilman Meehan. The vote was unanimous.
4. Bids for the irrigation system (materials only) at the Wastewater Treatment Plant were as follows:
O. A. Newton & Son Company, Bridgeville, DE - $27,215
Winkler Brothers, Felton, DE - 29,114
Since the bids were over the staff estimate of $25,000, Hal Adkins requested permission to review his budgets to handle the overage. Councilman Mathias moved to acknowledge the low bid from Newton for $27,215 and accept the recommendation from Hal Adkins. Councilman Meehan seconded. The vote was unanimous.
5. Since it would be necessary to hold an Executive Session on January 17th to discuss contractual matters pertaining to the golf course and cable TV, Councilman Mann moved to schedule; seconded by Councilman Hall. The vote was unanimous.
6. Councilman Duggan addressed encroachment problems on the north side of Talbot Street over the 22 1/2 inches discussed several weeks ago. Residents noted the encroachments have been there for over 60 years and could not understand the reasoning to change now. Hal Adkins met with the affected people again and explained the benefit of the whole project. Council stood by their previous vote.
7. There being no further business, Councilman Meehan moved to adjourn; seconded by Councilman Mann. The vote was unanimous.
Meeting adjourned at 2:55 p.m.
SYNOPSIS - WORK SESSION - JANUARY 31, 1995
PRESENT: Mayor Powell, President Feehley, Councilmen Gisriel, Meehan,
Mathias, Hall, and Mann; City Solicitor Guy Ayres; City Manager Dennis Dare, Adm. Ass't to City Mgr. Kathy Mathias; Terry McGean, Hal Adkins, Tom Perlozzo, Martha Bennett, David Collins, G. d'Eustachio, Members of the Press, and Interested Citizens.
1. President Feehley called the work session to order at 1:10 p.m.
2. The first order of business was bid openings for the St. Louis Avenue concrete package. Bids were as follows (* indicates certified check or bid bond enclosed):
Malone & Phillips* - $54,664
W&W Concrete* - 49,603
Edwards Concrete* - 42,815
Davis Concrete* - 58,078
Councilman Meehan moved to acknowledge the apparent low bid from Edwards Concrete for $42,815 and remand to staff for review. Councilman Mathias seconded. The vote was 6-0 with Councilman Duggan absent.
3. Bids for painting of liquid oxygen storage tanks for Wastewater Department were as follows (* indicates certified check or bid bond enclosed):
Brown Painting Industries - no bid
K&K Painting, Baltimore, MD* - $27,300
Paint City Contractors, Baltimore, MD* - 34,020
Corrosion Control, Pembricktown, NJ* - 26,900
O.T. Neighoff & Sons, Glen Burnie, MD* - 18,694
Councilman Mathias moved to acknowledge the apparent low bid from Neighoff for $18,694 and remand to staff for review; seconded by Councilman Mann. The vote was 6-0 with Councilman Duggan absent.
4. Requests for Proposals for a Water and Wastewater Rate Study were acknowledged from the following firms:
Ernst & Young, Washington, DC
Reznick Fedder & Silverman, Bethesda, MD
Whitman Requardt, Baltimore, MD
Northbridge Environmental Management, Vienna, VA
BCM Engineers, Plymouth Meeting, PA
Councilman Meehan moved to acknowledge these RFPs and remand to staff for review; seconded by Councilman Mann. The vote was 6-0 with Councilman Duggan absent.
5. Discussion of the airport land acquisition followed. Questions had been raised by Councilman Gisriel several weeks ago about exact land parcels and appraisal fees for same. In explanation Terry McGean stated that there are 2.2 acres located west of Sinepuxent Road that are not necessary at this time for the improvements that the City wants to undertake. Also the FAA has reduced their commitment since there is no major carrier service at this time. However, in preparing the paperwork needed to be qualified for grant money, all properties were lumped together in order to save time. Mr. McGean reiterated that no deception had ever been intended. In light of these events, Mr. McGean requested that the contract with the state be amended to exclude the 2.2 acres. President Feehley commended Councilman Gisriel for his questions and asked if this was satisfactory. Councilman Gisriel responded that it was for the most part but he still felt the entire mobile home park did not have to be part of the package. Councilman Meehan moved to eliminate the 2.2 acres from the appraisal request. Councilman Hall seconded. The vote was 5-1 with Councilman Gisriel opposed and Councilman Duggan absent.
6. Tom Perlozzo introduced Barbara Hawk, Director of the Institute for Governmental Service. Ms. Hawk had been invited to explain how her agency could be used as a consulting service in developing a Strategic Plan for the Recreation and Parks Department. Mr. Perlozzo explained how together staff and the consultant would look at what's happening in the department now, outside affecting factors, goals and objectives and how to achieve them, determine resources and budgetary requirements. Mr. Perlozzo feels a plan would integrate how his department interworks with the entire Town and would provide a mechanism for evaluation and improvement.
Ms. Hawk explained how her agency has worked with counties and municipalities throughout Maryland be it the entire government entity or departments within. She further explained how through interviews with concerned public and staff, information is gathered and used to proceed with a plan. Councilman Gisriel felt that the directive should come from the Mayor and Council to pursue such a plan rather than from the department itself. Ms. Hawk responded that any recommendation would indeed come to the Mayor and Council for approval, implementation and funding. Councilman Meehan felt analysis from an independent outside agency would be good and moved to allow the Recreation and Parks Department to proceed. Question was raised as to what the fee for this analysis would be and if it was budgeted. Mr. Perlozzo responded that $2500 has been budgeted for professional services and this consulting fee would be for that approximate amount. Councilman Mann seconded. Councilman Hall requested that the Mayor and Council be allowed to review the plan before it is made public. The vote was 5-1 with President Feehley opposed and Councilman Duggan absent.
7. Tom Perlozzo presented site plans for North Surf Park. Minor adjustments have been made via suggestions from the Caine Woods Community Association. Free dirt is being trucked in from the demolition site of the Carousel parking lot. Reconfiguration of layout and equipment at 3rd/4th Street with landscaping was presented. The area presently used for recycling at 3rd Street has sewer lines and restroom construction at this site is recommended. It was suggested that the recycling site be moved elsewhere. Mayor and Council suggested that the landscaping recommended at 4th and Philadelphia be modified to constrain pedestrians because that corner is
7. (con't)
very busy. The proposed soccer field at Northside Park is being surveyed by Engineering and site plans are underway. Work should begin on February 20th at the 2nd Street tennis courts. Question was raised as to when the gas tank would be removed. Response was that the company is working diligently with placement of new lines that will tie into their tank at 67th Street and all should be completed by 1996.
8. Beer truck and Caroline Street pad lotteries were discussed. Councilman Mann related that the recommendations presented by the committee have resulted in many complications. Because of the complexity, Councilman Mann moved to have the present policy continued except for one new recommendation which is present winners must wait one full year before submitting their organization's name again. It was clarified that this policy will start this year. Councilman Mathias seconded. The vote was 6-0 with Councilman Duggan absent.
9. Ted Spencer addressed drug testing and Mayor and Council adopted a policy for same in October of 1989. New regulations promulgated by D.O.T. require operators with commercial driver licenses to be tested at random. As of January 1996 all bus drivers will be required to be tested. Mr. Spencer stated no new policy would be needed to enforce this mandate but wanted Mayor and Council to be aware of an impending announcement to all employees of this requirement. Councilman Gisriel moved to have the procedures distributed to all employees; seconded by Councilman Hall. The vote was 6-0 with Councilman Duggan absent.
10. Martha Bennett presented the quarterly financial report. It was pointed out that receivables have increased because of the acquisition of the Wastewater Department. Question was raised why Risk Management expenses were so high to which Ms. Bennett explained that third party insurance premiums are very costly. Ms. Bennett offered to provide past years' comparisons. Councilman Mathias commented on ambulance collections and was informed that the collection agency being used by the Town has gone out of business. Pursuit of a new agency is being undertaken.
11. Since the company now handling Medicare reimbursements has changed, revisions have to be made to the Town's billing in that the new carrier will not accept itemization. President Feehley allowed Ray McLaughlin to ask questions about his recent bill and the charges were explained to him. New rates are being evaluated and will be presented for approval. Councilman Meehan asked that, when these figures are presented, they be done showing both old and new rates.
12. David Collins requested use of pepper mace in certain instances because last year there were several incidents where patients were abusive or dogs were offensive and the pepper mace could have been used to subdue them. City Solicitor Ayres stated that no state law exists that prohibits this but was advised by Chief Massey that one may be forthcoming. The Chief has requested that EMS personnel be trained in its use before being allowed to carry it and also what is and when to use excessive force. Councilman Mathias moved to allow the request with the proper training by the OCPD in its use and in excessive force. Councilman Hall seconded. Mayor Powell felt if patients were violent, EMS should wait for police to arrive. City
12. (con't)
Manager Dare asked that self-defense be part of the motion. The vote was 5-1 with Councilman Gisriel opposed and Councilman Duggan absent.
13. David Collins requested that his staff be permitted to purchase special motor vehicle tags with the paramedic patch on them. The tags would be for personal vehicles, approximately 25-30. Question was raised about termination and it was explained that there should be no problem. Councilman Mathias moved to approve; seconded by Councilman Hall. Mayor Powell asked what the policy would be since this involves MVA. Mr. Collins responded that guidelines will be set down. Councilman Meehan requested that a policy approved by the Mayor and Council be included as part of the motion and the motion was amended as such. The vote was 6-0 with Councilman Duggan absent.
14. Tom Perlozzo presented a chart showing present and proposed golf fees for Eagle's Landing. These would be implemented in 1996 and involve a $1-to-$2 increase across the board. Councilman Meehan moved to approve; seconded by Councilman Mann. The vote was 6-0 with Councilman Duggan absent.
15. A request had been received from Dave Bell Associates in Hollywood, California, to gather information and video tape rescue operations involving the Beach Patrol. No action was taken.
16. Tom Perlozzo addressed movies that would be shown as part of his department's activities involving children and requested that a policy be adopted. A draft policy was provided in the agenda package addressing various age groups. Councilman Mann moved to approve the request; seconded by Councilman Meehan. The vote was 6-0 with Councilman Duggan absent.
17. Kathy Mathias addressed potential closings of the Route 50 bridge during Saturday afternoons in the summer. In researching other bridge closing times, it was learned that many along the Intercoastal Waterway have restricted closing times. A sample draft letter to the State Highway Administration was requested for approval. In turn SHA would have to formally request same through the US Coast Guard. The hours of restriction would be from 1:00 to 5:00 p.m. on Saturdays from Memorial Day to Labor Day with the bridge opening hourly. Councilman Hall moved to have the letter sent; seconded by Councilman Mathias. Councilman Gisriel asked that a public hearing be held prior to the letter going out but members of the Council implied that the boating community was known to be against it. The vote was 6-0 with Councilman Duggan absent.
18. Martha Bennett addressed a proposed state senate bill which would require all municipalities to adopt an investment policy that would be submitted to the state treasurer. In addition quarterly reports of same would have to be submitted for review. In a memo contained in the agenda pack, Ms. Bennett cited reasons for opposing the bill and requested approval. However, she did favor having an investment policy on record and also pointed out that no action really had to be taken at this time. Ms. Bennett was requested to keep the Mayor and Council apprised of whatever happens concerning this. City Manager Dare was instructed to contact the Maryland Municipal League for their input.
19. Terry McGean informed the Council of a problem at 142nd Street where Oceans Market has ground water contamination caused by their underground fuel tanks. They have requested to be allowed to dump this after it is treated into the stormdrain. This permission would cease after the contaminate levels become acceptable. Councilman Hall moved to allow the request; seconded by Councilman Mathias. The vote was 6-0 with Councilman Duggan absent.
20. At the January 10th work session, RFP's had been acknowledged for the bus washing facility. These have been reviewed and Hal Adkins recommended Whitman/Requardt be selected to negotiate costs. Councilman Mann moved to proceed; seconded by Councilman Hall. The vote was 6-0 with Councilman Duggan absent.
21. Earlier today concrete bids had been acknowledged and in the interim Hal Adkins reviewed them and found the low bid from Edwards to be in order and requested award. Councilman Mathias moved to award; seconded by Councilman Mann. The vote was 6-0 with Councilman Duggan absent.
22. Because the Mayor and Council will be traveling to Annapolis on February 14th and that is also a scheduled work session day, discussion followed as to have it or not. Bids are due that day and it was decided to have the City Clerk handle them.
23. City Manager Dare addressed an overview that has been prepared for the legislature regarding the Convention Center project. Financial data has to be added yet; but Mr. Dare requested the Mayor and Council to review it and provide suggestions. Also provided was the proposed bill to the legislature that has been drafted for Delegate Bozman to introduce.
24. On Friday, February 3rd, is the annual Employee Recognition luncheon and not all responses from the Council have been received. Mr. Dare asked that this be attended to.
25. Last week City Manager Dare had provided a memo regarding a lead and copper ruling for Mayor and Council's input. No comments were made so the Water Department will proceed with its notifications.
26. In order to have a public hearing on February 6th regarding parking meters, a newspaper ad must be placed today. In order to provide more notice time to the public, it was decided to have the public hearing held on February 21.
27. As it would be necessary to hold an Executive Session after today's meeting to discuss a litigation and personnel matter and prior to the meeting on February 6th for a legal update, Councilman Mathias moved to schedule these; seconded by Councilman Gisriel. The vote was 6-0 with Councilman Duggan absent.
28. Because the bids to be opened on February 14th state "Mayor and Council," Councilman Gisriel moved to allow the City Clerk be given that duty on behalf of the Mayor and Council; seconded by Councilman Meehan. The vote was 6-0 with Councilman Duggan absent.
29. Karen Holck made an appearance regarding the proposed public hearing relative to oversized vehicles in R-1 zones. She was informed that the Planning and Zoning Department is supposed to be handling the advertisement for that public hearing and it was proposed to have it on February 6th. Mrs. Holck stated she has not seen any ads for such and wished to make some comments prior to that hearing. She was advised to hold her comments until the public hearing. In checking with P&Z, Mayor and Council were informed that no ads have been placed but that Jesse Houston is preparing a recommendation for February 6th's meeting. It was decided to just have the recommendation forwarded to the Mayor and Council and then to schedule the public hearing at a later date.
30. There being no further business, Councilman Mathias moved to adjourn into Executive Session; seconded by Councilman Hall. The vote was 6-0 with Councilman Duggan absent.
Meeting adjourned at 4:40 p.m.
SYNOPSIS - WORK SESSION (BID OPENINGS) - FEBRUARY 14, 1995
NOTE: Mayor and City Council were in Annapolis. Bid openings only took place and were handled by City Clerk Carol Jacobs.
1. Bid openings for Beach Patrol Uniforms follow. All bids were acknowledged and remanded to staff for review.
Bacharach Rasin
New Wave Impressions, Inc.
2. Bids for the Northside Park soccer field lighting project were as follows (* indicates bid bond or certified check enclosed):
Frick Electric* - $ 77,390
Aerial Services* - 78,900
Carter's Electrical* - 87,000
John Teider* - 123,951
All bids were acknowledged and remanded to staff for review.
3. RFP's for the fuel depot were as follows:
Oil Repair & Installation, Inc.
Delmarva Tank Specialists, Inc.
Tate Engineering Systems, Inc.
All RFP's were acknowledged and remanded to staff for analysis.
SYNOPSIS - WORK SESSION - FEBRUARY 28, 1995
PRESENT: Mayor Powell, President Feehley, Councilmen Gisriel, Meehan,
Mathias, Hall, Duggan, and Mann; City Solicitor Guy Ayres; City Manager Dennis Dare, Adm. Ass't to City Mgr. Kathy Mathias; Hal Adkins; Martha Bennett; Carol Jacobs; Members of the Press; and Interested Citizens.
1. President Feehley called the work session to order at 1:10 p.m. and informed everyone that the Executive Session would continue after this work session with the same agenda.
2. The first order of business was an appearance by Mary Adeline Bradford, Chairman of the Ocean City Board of Supervisors of Elections, who addressed a letter sent to the Mayor and Council dated January 4, 1995. With the voter rolls being handled by the state at this point, both registration and purge, the board here now only has the responsibility of the supplemental voter list. Since the Charter mandates that the board maintain the roll, instructions were requested. The dilemma is that the board can no longer challenge registered voters as a board; challenges must be made by individuals. The board does not wish to challenge as individuals because of potential lawsuits. Councilman Hall moved to have the City Solicitor research the issue and report back; seconded by Councilman Meehan. The vote was unanimous.
Councilman Gisriel asked if the board felt it was only duplicating efforts initiated in Snow Hill and Miss Bradford could not agree to that. Councilman Mathias stated the Mayor and Council has heard this information before and asked what new thrust was being requested. Ms. Bradford stated the Mayor and Council could ask for legislative exception for the Ocean City Board based on the transient population. It was clarified that the City Solicitor was to research how challenges could be made, whether as a board or individual.
3. As bids for the paving of the Public Safety parking lot were the next item on the agenda, Councilman Duggan asked about the feasibility of a permeable surface rather than using concrete. It was decided to check into this for the lot itself as today's bids were for curbs and sidewalks only. The bids were as follows (* indicates bid bond or check enclosed):
Edwards Concrete Work, Salisbury, MD* - $24,340.00
W&W Concrete, Eden, Maryland* - 21,658.00
Malone & Phillips, Salisbury, MD* - 21,980.00
Davis Concrete, Fruitland, MD* - 20,968.10
Councilman Meehan moved to acknowledge the apparent low bid from Davis Concrete and remand to staff for review; seconded by Councilman Mann. The vote was 6-0 with Councilman Duggan abstaining.
At a later point in the meeting, Councilman Gisriel felt the entire area would not be needed for parking and recommended holding a part of it unpaved for future needs. Councilman Duggan added that he also had reservations and that was the reason for his abstention. Question was asked of Hal Adkins if materials taken from razed sites could be recycled
3. (con't)
into this project. Hal Adkins responded that material staged and crushed at the airport is continually being used on new projects and that approximately 3,000 tons will be used at the Public Safety site. Mr. Adkins pointed out that there are other materials that can be used for the surface itself such as grasscrete, turfcrete, et al, but they are labor intensive and expensive; and he felt it was not cost effective to do at this time. Leaving part of the lot incomplete was not considered. Councilman Mathias agreed that the area should be enhanced and not left unimproved but requested that Hal Adkins present detailed alternatives and costs to the Mayor and Council at the next work session. With time constraints at hand, Mr. Adkins requested permission to make his presentation at the next Regular Session on March 6th and this was agreed.
City Manager Dare addressed the statement of an unfilled parking lot and pointed out that at shift changes and impending summer help, the lot is used and overflow spills out into the street.
4. Bids for the parking lot concrete curbs and sidewalks at First Street are as follows (* indicates bid bond or check enclosed):
Edward Concrete, Salisbury, MD* - $13,470.00
W&W Concrete, Eden, MD* - 12,453.00
Davis Concrete, Fruitland, MD* - 11,728.65
Councilman Meehan moved to acknowledge the apparent low bid from Davis Concrete and remand to staff for review; seconded by Councilman Mathias. The vote was unanimous.
5. Bids for the spring paving program for miscellaneous projects throughout town followed. It was pointed out that additions/deletions up to 25% were part of the contract. Question was raised why a private alley was being paved. The response was that this was owned by Rose Brous and was part of the staging area for the water line that was promised to be returned in the same condition before the City's use.
I. A. Construction - $223,134.50
Kary Asphalt - 202,532.40
Tilcon, Inc. - 219,256.35
Councilman Mathias moved to acknowledge the apparent low bid from Kary Asphalt and remand to staff for review; seconded by Councilman Mann. The vote was 6-0 with Councilman Meehan out of the room.
6. Bob Rothermel presented a summary of winter events depicting expenses and income. While the Holiday Shopper's Fair and Lorrie Morgan Concert generated money, the weekend big band dances did not (-$23,000). However, it was pointed out that the hotels and restaurants fare well when these events take place. On-going changes are made to try to keep these events well timed.
7. Tom Perlozzo presented a breakdown of actual Winterfest statistics which were impressive. Minor changes for next year were suggested such as eliminating train ridership on weekdays after the Martin Luther King holiday. In preparation for next year's budget, Councilman Meehan moved to accept that recommendation. Councilman Mathias seconded. The vote was 7-0. Councilman Gisriel asked if any thought should be given to bidding out the consignments for next year as they did well. Councilman Mathias felt this event was still in infancy and could be reviewed after next year's figures are analyzed. Councilman Duggan suggested that 127th Street be decorated with more lights in the future and this has been considered.
8. Eric Grunfeld and Steve Moliver of Global Sports made an appearance for a special event volleyball tournament. This event is different than previously approved requests in that the company is a profit-making organization. The dates requested are August 12-13. Mr. Grunfeld presented a brief summary of tournaments held in the area, which have been successful not only to them but to the host region. It is anticipated that two TV stations would cover the event. Councilman Hall asked where the status of for-profit events on the beach was. Councilman Meehan responded that promoters of allowed volleyball tournaments in the past few years have made a profit, but a bottom-line figure is unknown. Mayor Powell voiced concerned that the Council was giving away prime beach property and felt with the big-band dances losing money, the Town should be sponsoring volleyball itself as this seems to make a profit.
The promoters defended their event and felt this would be positive for the Town. Councilman Mathias, a Boardwalk merchant, agreed with Mayor Powell on the traditional aspect of the Town but felt these new ventures would have a good impact on the economic development. Councilman Hall also felt this would be a good event but for prime beach time the amount to be paid to the Town should be much more.
(There was a tape malfunction of which an hour of this meeting was not recorded.)
Councilman Meehan moved to approve the event on the requested dates but to confine the area to Dorchester to south of Caroline Street and to abide by the general volleyball guidelines. Councilman Mathias seconded. The vote was 6-1 with Councilman Gisriel opposed. Councilmen Duggan and Mathias both requested video tapes and letters of support from other hosts be sent for review.
9. The topic of street parking meters discussed at the February 21st Regular Session was reopened. Councilman Hall moved to have the enabling legislation drawn up to install the meters in the same locations they've been and that, if an individual wants to add or remove, a request must be made in writing; further to place an ad in the paper to run every week until March 30th outlining the exact locations of the meters. Councilman Mathias seconded the motion. Mayor Powell felt if the principal wanted a meter removed, a simple written request would do it. The motion if passed requires an ordinance passed for each and every request and would bog down Council meetings. The vote was 6-1 with Councilman Gisriel opposed. Councilman Gisriel then moved to have the meters only in service from Memorial Day to Labor Day. The motion failed for lack of a second.
10. Gina Krall, representing the Chamber of Commerce, made an appearance regarding a proposal for a revised six-year payment schedule for their share of the Winterfest lights. Councilman Hall moved to approve; seconded by Councilman Duggan. This would require a new note to be signed. The Chamber was urged to push harder in requesting funding. The vote was unanimous.
11. Frank Hoover made an appearance on behalf of AARP Chapter 1917. The request was to allow cars to park at the Convention Center parking lot by those people going on bus trips sponsored by AARP. A list of dates was presented to the Mayor and Council. Councilman Meehan moved to approve; seconded by Councilman Duggan. The vote was 6-0 with Councilman Hall out of the room.
12. A request was made to remove a temporary 20-foot easement from Old Landing Road through Lot 20-A of the St. Peter's Lutheran Church. The easement was originally granted to provide service to Old Landing Road but is no longer needed. Councilman Hall moved to approve; seconded by Councilman Duggan. The vote was unanimous. The proper documents are being prepared for signatures.
13. Discussion followed regarding employee payscale and merit increases. Ted Spencer informed the Council that over the past eight months, he has been revamping the evaluation system. Heretofore, merit increases have routinely been awarded each year whether the performance of the employee was meritorious or not. Mr. Spencer stated that in recent months pay raises have not been awarded to those whose performance is unsatisfactory. Councilman Mathias interjected and felt this instruction to examine the system was directed a year ago and was expecting some resolve at today's meeting rather than another series of questions. Mr. Spencer responded that in order to change the long-existing system used to date, much research would have to be done in both the private and public sector to create a new system. Lengthy discussion followed whereupon Councilman Hall requested that all employee salaries and W-2's be provided to the Council so that the total payout could be seen. This will be provided for a scheduled Executive Session.
14. As it would be necessary to have an Executive Session on March 6th, at 7:00 p.m., to discuss contractual, legal, and real estate matters, Councilman Hall moved to schedule; seconded by Councilman Meehan. The vote was unanimous.
15. City Manager Dare reported that he and several staff members met in Annapolis yesterday with Bruce Hoffman and the Fiscal Planning and Budget office members to discuss the proposed bill to be introduced regarding the Convention Center expansion and renovation. The Baltimore Convention Center bill was used as a sample. It was pointed out that for bondholder assurance, maintenance funding would be included for the full length of the bond rather than for the five-year request. Since the faxed copy had just been received, it had to be reviewed by the City Solicitor and would be discussed again.
16. City Manager Dare also reported that the restaurant lobby did oppose Ocean City's proposed food/beverage tax bill in the Ways and Means Committee. Delegate Bozman has prepared a response and request was made for it to be sent. There was general agreement on the response.
17. City Manager Dare requested direction from the Council as to bond counsel for the Convention Center bonds. It was decided to discuss that when the draft bill is discussed.
18. Since it was necessary to reconvene the earlier Executive Session, Councilman Hall moved to adjourn; seconded by Councilman Meehan. The vote was unanimous.
Meeting adjourned at 4:35 p.m.
SYNOPSIS - WORK SESSION - MARCH 14, 1995
PRESENT: President Feehley, Councilmen Gisriel, Meehan, Mathias, Hall, and
Duggan; City Solicitor Guy Ayres; City Manager Dennis Dare, Adm. Ass't to City Mgr. Kathy Mathias; Hal Adkins; Terry McGean; Martha Bennett; G. d'Eustachio; Members of the Press; and Interested Citizens.
1. President Feehley called the work session to order at 1:10 p.m.
2. The first order of business was a request to close an oceanfront alley adjacent to the El Marlyn I condominium between 79th and 80th Streets. Mr. Regan Smith, attorney for the condo owners, presented the request. This latest request is being made in order for the units to extend their balconies eastward. Mr. Smith in turn acknowledged that the support pilings for this building encroach into this alley. Terry McGean offered that to open and pave the alley would require a large quantify of fill dirt and an easement from the condo owners in turn because of the slope of the embankment. His recommendation would be to open the west alley before granting the request in order to assess functionability. No trade or payment has been discussed to date but Mr. McGean felt granting the easement would create no hardship to the Town. Councilman Meehan moved to have the property owners adjacent to the westerly alley contacted for their input on its potential opening and then to weigh the recommendations from the City Engineer in the near future, and to check with the City Solicitor for legalities. Councilman Hall seconded. Remuneration could be discussed in the future. The vote was 6-0 with Councilman Mann absent.
3. Angela Reynolds, on behalf of the Economic Development Committee, informed the Council of a reception/fundraiser to be held while the Pride of Baltimore II is docked in the Town, June 1-5. Proceeds would be used toward economic development projects in Ocean City. Both Governor Glendenning and Lt. Governor Kathleen Townsend would be the honorees. The request was to invite the Town of Ocean City to co-host this event with this committee. Councilman Mathias moved to approve; seconded by Councilman Hall. The vote was 6-0 with Councilman Mann absent.
4. Reverend Terry Davis, Pastor of the Ocean City Baptist Church at N. Division Street, made an appearance to request the use of the adjacent city parking lot which is needed for guests attending his daughter's wedding on June 3rd. Compensation of $70 was offered as difference in potential loss revenue from the meters on that lot. Councilman Duggan moved to approve; seconded by Councilman Meehan. City Manager Dare stated that at that time of year, not all those meters are used; so in fairness to Mr. Davis, $70 might be too high. It was decided to let the City Manager's office work out the difference. The vote was 6-0 with Councilman Mann absent.
5. Bid openings for the 2nd Street tennis court fencing were as follows (* indicates bid bond or certified check enclosed): :
Anderson Fence Company, Marion, MD* - $22,265
Long Fence, Capitol Heights, MD* - 16,276
Frederick Fence Co., Frederick, MD* - 21,690
5. (con't)
Councilman Mathias moved to acknowledge the apparent low bid from Long Fence and remand to staff for review; seconded by Councilman Meehan. The vote was 6-0 with Councilman Mann absent.
6. Bid openings for the airport terminal sewage system pump package followed. Prior to the opening of the bids, Councilman Gisriel asked for a few clarifying points.
Tate Engineering, Delmar, MD - $13,290
Ames Messco Co., Columbia, MD - 18,533
Chesapeake Supply & Equipment, Dover, DE - no bid
M&C Sales, Finksburg, MD - 11,200
CGSA
Cummins Wagner, Annapolis Jct, MD - 21,952
Councilman Mathias moved to acknowledge the apparent low bid from M&C Sales and remand to staff for review; seconded by Councilman Meehan. The vote was 6-0 with Councilman Mann absent.
7. Bids for bus engines followed. It was explained that this bid is a requirement for the Transportation Department but may never be used.
Cary's Diesel, Dover, DE - $54,782.61
Johnson & Towers, Baltimore, MD - 64,728.68
Because of miscellaneous options and the complexity of the bid, it was recommended to just acknowledge the bids and remand to staff for review. Councilman Gisriel moved to acknowledge the apparent low bid from Cary's Diesel and remand to staff for review and recommendation. Councilman Meehan seconded. The vote was 6-0 with Councilman Mann absent.
8. Discussion turned to the leased area at the 100th Street parking lot. City Planner Jesse Houston had provided a historical summation of events leading to the purchase and lease of this area. Because the overflow parking area has not been needed to date, it was recommended that the lease be terminated for this overflow area. This topic had been discussed with the Parking Commission who also favored terminating the lease and Councilman Mathias moved to accept this recommendation. Councilman Hall seconded. City Solicitor Ayres pointed out that a 12-month advance notice has to be issued to cancel this agreement; therefore, this termination would be effective next year. The vote was 5-1 with Councilman Meehan opposed and Councilman Mann absent.
9. Police Chief Massey presented a General Order for the Council's review. This order would allow officers living within the corporate limits of the Town to take the older, marked cars home with them in the off season. In conjunction the public must be assisted even if the officer is "off duty." This order came with a favorable recommendation from the Police Commission. Councilman Duggan voiced concern with this order and requested that it be tabled for a week in order for his concerns to be resolved. City Solicitor Ayres asked if this matter had been presented to the Personnel Director. Chief Massey responded that this is not a unique idea in that other municipalities have adopted the program. Councilman Mathias seconded but added
9. (con't)
neighborhoods are in favor of the program. Several Neighborhood Watch representatives made appearances to voice support. The vote was 6-0 with Councilman Mann absent.
10. Chief Massey informed the Council that certain grant money is available under the new Crime Bill; specifically to upgrade communications equipment, mobile data equipment in police cars. The deadline for expressing interest is due now, but no commitment has to be made. Councilman Meehan moved to allow the Chief to proceed with investigation of these grants. Councilman Hall seconded. The vote was 6-0 with Councilman Mann absent.
11. Councilman Hall summarized a recent Parking Commission meeting. In addition to discussing the 100th Street parking lot and the lease with DP&L discussed earlier in this meeting, a proposal to install an attendant parking facility with gate and ticket machine at the Inlet lot was considered but turned down. The Commission felt this would inhibit traffic flow. Favorable consideration was given to a traffic sign being installed at the First Street tennis court lot. Comments followed regarding feasibility of a vehicle counter with signs throughout town alerting motorists of the capacity situations.
12. Councilman Meehan then asked that consideration be given to dissolve the Police and Parking Commissions. It was felt that, since the other committees and commissions had been dissolved in the fall, these two should be also for consistency. Councilman Meehan moved to have this topic discussed at the next Regular Session. It was pointed out that these commissions fall under the charter, but it was countered that the charter could be amended also.
13. City Manager Dare addressed recent changes in the Purchase Order procedure that will eliminate several steps and paperwork. Subsequently, a new form would be needed, a sample of which was enclosed. It is hoped to be implemented by April 1 and should be a step toward an eventual paperless system.
14. Discussion turned to proposals as a result of the Public Hearing held at the March 6th meeting relative to oversized vehicles in R-1 districts. President Feehley announced that no comments would be heard as the public had that opportunity at the public hearing. Councilman Duggan stated that, because of impending civil litigation, no decision should be rendered by the Council as either side could use it to their advantage and moved to table the discussion until the court action is cleared as time is not of the essence. Councilman Meehan seconded. Councilman Gisriel opposed the motion and felt that the request of the neighborhood should be resolved.
Question was raised as to exactly what the litigation included and its status. President Feehley allowed Glenn Steckman to provide this information. Karen Holck rebutted some of this information. Councilman Gisriel then expressed concern that the public was not being allowed to speak today and moved to allow them to speak as a subsidiary motion. Councilman Mathias agreed that the public should never be denied the opportunity to speak and seconded the motion. Confusion arose as to what order the votes should be taken and Council was advised that the subsidiary should be counted first. Since the public was extended time at
14. (con't)
the end of all meetings for comments, Councilman Gisriel withdrew his motion. The vote to table the topic was 4-1 with Councilman Gisriel opposed and Councilmen Hall and Mann absent. Councilman Gisriel later pointed out that residential parking permits, such as Caine Keys II has, might be a solution.
15. City Manager Dare addressed grant requests that can be applied for through Worcester County. A letter of requests was enclosed and permission was sought to send. Councilman Meehan moved to proceed; seconded by Councilman Mathias. The vote was 5-0 with Councilmen Hall and Mann absent.
16. City Manager Dare addressed the professional portraits of the Councilmen that hung in the hall, several of which are missing. Mr. Dare asked those members whose pictures were not on the wall if they would like to be included and/or redone. Councilman Mathias moved to proceed; seconded by Councilman Meehan. The vote was 5-0 with Councilmen Hall and Mann absent.
17. As it would be necessary to hold an Executive Session to discuss legal and contractual matters on March 20, Councilman Duggan moved to schedule; seconded by Councilman Meehan. The vote was 5-0 with Councilmen Hall and Mann absent.
18. There being no further business, Councilman Meehan moved to adjourn; seconded by Councilman Mathias. The vote was 5-0 with Councilmen Hall and Mann absent.
Meeting adjourned at 3:05 p.m.
SYNOPSIS - WORK SESSION - MARCH 28, 1995
PRESENT: Mayor Powell, President Feehley, Councilmen Gisriel, Meehan, Mathias,
Mann, and Duggan; City Solicitor Guy Ayres; Adm. Ass't to City Mgr. Kathy Mathias; Hal Adkins; Terry McGean; Martha Bennett; Ginny d'Eustachio; Members of the Press; and Interested Citizens.
1. President Feehley called the work session to order at 1:35 p.m.
2. The first order of business was a request to create condominium boat slips at the street end of Dorchester Street. Randy Coates represented the applicant, David Bunting. The slips already exist; this would entail the legality of conversion to condominium ownership. A small freezer would also become part of the purchase. The public presently uses the privately owned pier and would continue to do so. The applicant has maintained the bulkhead over the past years. It was pointed out that the Town has no riparian rights into the water. Mayor Powell asked why the request was on the table if the Town had no water rights. City Solicitor Ayres responded that the Mayor and Council sign off all condominium plats anyway. It was pointed out that the applicant still must apply to Planning and Zoning to follow through with this request. Councilman Meehan moved to grant the request. No second was forthcoming and no further action was taken.
3. Larry Layton of Teal Drive made an appearance to request speed bumps be placed in the alley behind his residence because of speeding motorists and the numbers of children who play there. Councilman Meehan asked if the 26 property owners that are bounded by the alley have been consulted and the response was negative. Councilman Meehan moved to have Mr. Layton survey the neighborhood and report back to the Mayor and Council. Councilman Duggan seconded. It was pointed out that the staff is not in favor of this and the bumps would be potential liability. Several Councilmen favored more police presence and education in the neighborhood. The vote was 6-0 with Councilman Hall absent.
4. Angela Reynolds, on behalf of Economic Development, presented a video with the City of Pittsburgh as the topic. Her committee would like to produce something similar using Ocean City as the model. Ms. Reynolds was referred to Bob Rothermel.
5. Angela Reynolds gave an update on the Pride of Baltimore II which will be docked here in early June. Governor Glendenning has confirmed that he will be here on June 2nd for the fundraiser that is being planned.
6. Bernie Funk made an appearance to introduce the Mayor and Council to an organization of Personal Watercraft Operators. Last fall a representative from the Boating Administration met with personal watercraft renters and presented them with statistics and suggestions to assure continued safe operation in this industry. The recommendations were overwhelmingly endorsed by the organization and they are being put into effect. Mr. Funk is the chairman of the association that was formed and stated, if the Mayor and Council would have any concerns or questions, to contact him.
7. Ed Burke of Brass Balls Saloon made an appearance to request a volleyball net be allowed on the beach in the front of his establishment. Councilman Mathias moved to approve; seconded by Councilman Mann. Councilman Meehan pointed out that, since the nets would be installed by the Town, they would be open play nets and that the beach franchise operator at that location should be contacted. The vote was 6-0 with Councilman Hall absent.
8. Bid openings for the materials for the Osprey Drive bulkhead were as follows:
Middle Atlantic Wholesalers - $20,675.31
Atlantic Wood Industries - 14,946.68
Long Life Treated Wood - 15,453.96
IQS Enterprises - 17,878.90
Chesapeake Wood Products - 18,297.86
Louis Grasmick Lumber - 17,397.20
Councilman Mathias moved to acknowledge the apparent low bid from Atlantic Wood and remand to staff for review; seconded by Councilman Mann. The vote was 5-0 with Councilman Hall absent and Councilman Meehan out of the room.
9. Bids for the labor for the above project were as follows (* indicates bid bond or certified check enclosed):
Daisey's Marine, Ocean City, MD* - $10,500
Fisher Marine, Chincoteague, VA* - 15,000
McGinty's Marine, Ocean City, MD* - 24,500
Councilman Mathias moved to acknowledge the apparent low bid from Daisey's Marine and remand to staff for review; seconded by Councilman Mann. The vote was 6-0 with Councilman Hall absent.
10. Ralph Stitt was to present a report on the Health and Safety Manual. Due to his absence the report was postponed; however, Councilman Gisriel requested that the department heads review the report.
11. Councilman Mathias, a member of the Animal Control Committee, presented an update from that committee. The present status is that no city employees are assigned there; funding is through an $11,600 annual grant; and a five-year proposal to pursue another location has been ongoing with no new property located at this date. Councilman Mathias asked if this data was still the intent of the Council and agreement was affirmed. It was also agreed that the Humane Society would not be evicted if and when the time period ran out. At this point the committee would like the city to take the lead in finding a new location. Councilman Meehan moved to have the City Manager continue attending the meetings and for him to offer assistance as needed. Councilman Duggan seconded. The vote was 6-0 with Councilman Hall absent.
12. City Solicitor Ayres presented Resolution 1995-3 that needed to be passed because of time. It imposes a tolling deadline for acting upon Form 1205 by TCI. Councilman Gisriel moved to pass; seconded by Councilman Mann. The vote was 6-0 with Councilman Hall absent. The vote was 6-0 with Councilman Hall absent.
13. Kathy Mathias informed the Council that bids will be advertised for the sale of excess parking meters. Hal Adkins explained what has been refurbished and what exactly will be sold. Councilman Mathias moved to proceed; seconded by Councilman Meehan.
14. Kathy Mathias addressed the Springfest entertainment. In addition to what was confirmed in an agenda packet memo, Council was advised that Frankie Valli has also confirmed.
15. City Planner Jesse Houston presented a proposed zoning code amendment that would prohibit warehouses, not accessory to a business, from being constructed anywhere in the Town. Presently they are allowed as a conditional use. This amendment follows on the heels of a recent request to construct mini-warehouses in the rear of the Ocean Plaza Mall at 94th Street. The Planning and Zoning Commission has met to weigh this amendment and unanimously forwarded the recommendation to prohibit the warehouses. Several sections of the code need to be amended. Councilman Mathias moved to have the City Solicitor prepare the necessary ordinances; seconded by Councilman Gisriel. Joe Moore, attorney, spoke in disfavor of this exclusionary zoning as he felt certain clients needed self-storage within the Town and the mechanism provided to prove conditional use works well. Councilman Meehan agreed that this proposal was an overreaction. The vote was 4-2 with Councilmen Meehan and Feehley opposed and Councilman Hall absent.
16. As it would be necessary to hold an Executive Session on Monday, April 3rd, to discuss legal matters, Councilman Meehan moved to schedule and to also schedule one following this meeting to discuss legal and contractual matters. Councilman Mann seconded. The vote was 6-0 with Councilman Hall absent.
17. There being no further business, Councilman Mann moved to adjourn; seconded by Councilman Mathias. The vote was 6-0 with Councilman Hall absent.
Meeting adjourned at 3:25 p.m.
SYNOPSIS - WORK SESSION - APRIL 11, 1995
PRESENT: President Feehley, Councilmen Gisriel, Meehan, Mathias, Hall, Mann,
and Duggan; Acting City Solicitor Mark Cropper; City Manager Dennis Dare; Adm. Ass't to City Mgr. Kathy Mathias; Hal Adkins; Terry McGean; Jesse Houston; Bob Rothermel; Martha Bennett; Ginny d'Eustachio; Members of the Press; and Interested Citizens.
1. President Feehley called the work session to order at 1:10 p.m.
2. The first order of business was the advertising presentation by Richardson, Myers, and Donofrio. Results and projections were included in the tourism information packet. It was pointed out that TV is still the major impact and TV has been initiated in the Philadelphia market showing favorable results. New thrusts will be geared toward New York and Cleveland with continued wooing of Pittsburgh and the core markets. Costs for this part of the campaign are estimated at $1.8M. Also proposed are new TV commercials and examples were presented. The current ads have run for a few years and it is felt fresh ones are needed. Councilman Mathias asked what is spent in Virginia Beach as a comparison; but not having this information at hand, it will be provided.
3. A request was made to waive the usage fees at the Northside Park fields by Friends of Beach Lacrosse. The request is on behalf of a group of young players who will be touring the area from Beckingham, England. The group is being sponsored by an Easton, Maryland, club. Request was also made to tour the Lifesaving Museum, gratis; to be introduced to the Mayor; and to be able to ride a Boardwalk train, gratis. Councilman Meehan moved to approve waiving the fees at Northside Park and meeting the Mayor; and for the City Manager to check the possibility of the Boardwalk train. Councilman Mathias seconded. The vote was unanimous.
4. Bid openings for the 4th of July fireworks followed. Councilman Duggan commented on how nice a show had been put on at the Princess Royale by Fire Art last Wednesday evening. Bob Rothermel explained that Fire Art doesn't bid the Town of Ocean City because of the cost-per-shell requirement; they prefer to submit a program with a cost attached.
Zambelli Internationale, New Castle, PA - no bid
Pyrotechnics, Lancaster, PA - $14,000 per show
Pyrotecnico, New Castle, PA - 14,000 per show
Councilman Mathias moved to acknowledge the bids and remand to staff for review and recommendation; seconded by Councilman Duggan. It was pointed out that this is FY-95 budget money. Councilman Gisriel asked if the staff should interview these bidders to see what additional program could be provided as part of the evaluation and this was agreed to. Councilman Meehan suggested rejecting these bids and rebidding it with a $40K allocation, which is the budgeted amount for FY-96. Martha Clements agreed with Bob Rothermel's earlier comments that the big companies' premise is to frame a show for a price. Lengthy discussion followed which included soliciting corporate sponsors and looking for one central location. Councilman Meehan then moved to reject the bids; seconded by Councilman Hall. The vote was unanimous.
4. (con't)
Councilman Hall moved to send RFP's for two 20-25 minute firework displays to all the prospective companies with no dollar amount specified. Councilman Meehan suggested three scenarios and the motion was amended to include this. Councilman Mathias seconded. Larry Layton made an appearance to suggest a centralized barge in the ocean with one spectacular show; but it was felt this couldn't accommodate the entire length of the Town. The vote was unanimous.
5. City Manager Dare addressed RFP's for the Boardwalk rehabilitation and requested that only acknowledgement be made at this time and to remand to staff for review.
George, Miles, and Buhr, Salisbury, MD
Ayres, St. Gross, Baltimore, MD
Norman Day Associates, Philadelphia, PA
LDR International, Columbia, MD
EDAN, Inc., Alexandria, VA
Wallace Roberts & Todd, Coral Gables, FL
Councilman Meehan moved to acknowledge the RFP's and remand to staff for review; seconded by Councilman Duggan. The vote was unanimous.
6. At the March 28th work session, a request was heard to close a north/south alley adjacent to the El Marlyn I condominium between 79th and 80th Streets. The staff recommendation at that time was to open the west alley before granting the request in order to assess functionability. Mayor and Council then advised staff to contact the affected property owners about opening the western alley. To date Fred Wetzelberger and the bank are opposed to the opening and would prefer to purchase it from the Town. The good news is that the alley is open three continuous blocks going northward. Councilman Meehan moved to allow the El Marlyn owners to hold a public hearing to close the east alley. Councilman Mathias seconded. Councilman Gisriel pointed out that if the vote came in to close the alley, a fair payment had to be made by the El Marlyn and this was amended to the motion. The vote was unanimous.
Terry McGean addressed the west alley and informed the Mayor and Council that he would be meeting with the Surfside owners and Mr. Wetzelberger on Wednesday regarding purchase. Councilman Hall was inclined not to sell this alley and moved to open the alley; seconded by Councilman Mathias. The motion was changed to discuss this at a work session so that affected property owners could come in for pro-and-con discussion. The vote was unanimous.
7. City Manager Dare addressed a bayside alley between 72nd and 73rd Street that had been approved to open and pave. However, the owner of the bike shop in that block has requested postponement til the end of the season. Councilman Hall moved to allow the postponement and to have staff contact the affected property owners regarding the delay; seconded by Councilman Mathias. The vote was unanimous.
8. The alley on Mallard Island was discussed again. Staff had been instructed to survey the situation and make a recommendation. Councilmen Mathias and Hall stepped down from the discussion. Terry McGean voiced concern for the requested speed bumps citing liability factors. President Feehley stated there are speed bumps in the parking lot of Convention Center and asked if any liability suits had been filed to which City Manager Dare responded there have not. Acting City Solicitor Mark Cropper agreed that the Town would be liable if someone's car were damaged and advised that more strict police enforcement should be used. Councilman Duggan cited the precedent that would be set if the speed bumps were installed and felt more requests would come in, and Councilman Mann responded that a request has been made by the Episcopal church at 3rd Street for them. The formula of placing speed bumps every 50 feet for a total of 24 also caused concern with the Council. Councilman Mathias spoke as Citizen Mathias and stated community policing might be the better solution. Vibration strips were also suggested. Several members of the OCPD were present and suggested voluntary compliance, door-to-door awareness campaign, and increased radar. Councilman Mann moved to have the OCPD work with the residents with the possibility of the vibration strips for a trial period of several months. Councilman Duggan seconded and suggested the letter he recommended at an earlier meeting be sent to all the residents on Mallard Island. The vote was 5-0 with Councilmen Mathias and Hall abstaining.
President Feehley asked if the Council wanted to take any action on the speed bumps at Convention Center. Councilman Gisriel moved to have the staff look at the situation and make a recommendation; seconded by Councilman Hall but pointed out that they are in the center of the walkway. The vote was 6-0 with Councilman Mathias out of the room.
9. RFP's received on January 31, 1995, for the Water and Wastewater consulting had been reviewed by staff. Because the staff estimate was only $25K and the proposals exceeded this figure, Terry McGean stated there is money in the budget to fund the study. Reznick, Fedder, and Silverman were recommended for award. Councilman Meehan moved to award; seconded by Councilman Mathias. The vote was unanimous.
10. Councilman Mann gave a report on the latest CRASH committee events. They are to meet again on April 19 and Councilman Gisriel has agreed to attend the meeting because Councilman Mann will be out of town. Members of the local state legislature will be on hand to hear concerns. The committee has requested a letter from the Mayor and Council supporting their actions. Councilman Hall moved to have the letter prepared; seconded by Councilman Mathias. The vote was unanimous.
11. Review of requests for the removal of parking meters were discussed. Requesters and action are as follows:
Bridge Point I - meters at city lot at Rusty Anchor Road. This is a small lot that the city absorbed and put meters on because of people putting boat trailers there. City Manager Dare suggested trying to sell this property. Councilman Hall moved to take no action; seconded by Councilman Gisriel. The vote was unanimous.
11. (con't)
Dorothy Rolfe, 109 Talbot Street and Philadelphia Avenue - Councilman Hall moved to contact Mrs. Rolfe for clarification. Councilman Duggan seconded. The vote was unanimous.
Isaac Powell, 106 Dorchester Street - Councilman Gisriel moved to have the meters at his property line removed. Councilman Meehan pointed out that this letter was not specific either. Councilman Duggan seconded the motion. The vote was unanimous.
Brian Nygaard, 107-111 Wicomico Street and two meters on Worcester Street that abut his property - Councilman Mathias moved to approve; seconded by Councilman Meehan. The vote was unanimous.
Assateague House, Worcester Street - Councilman Duggan moved to take no action as the meters are not adjacent to the property; seconded by Councilman Meehan who asked that the City Engineer report back on exactly how many meters are here in order to weigh this request. Discussion followed that when a request from an association comes in, it should be stipulated that the majority of the members have voted. The vote was 7-0.
Buddy Sass, Worcester Street Brewing Company, north and south sides of Worcester Street - Councilman Mann informed the Council that Mr. Sass has sold this business since sending the letter. Councilman Gisriel stated he had spoken with the manager and, since the request met the deadline, a response should be made. Councilman Meehan moved to have the new owner contacted for additional data and to have staff assess how many meters are in question. Councilman Mathias seconded. The vote was unanimous.
George Kuntz, resident of Century I, meters on the west side of Coastal Highway at 99th and 100th Streets - Councilman Meehan stated the meters were installed because of the city lot at 100th Street and should stay in effect; seconded by Councilman Mathias. Councilman Gisriel stated a response should be sent noting that the request did not come from the board of directors. The vote was 6-1 with Councilman Gisriel opposed.
Wanda Walker, 110 Somerset Street, two meters - Councilman Duggan moved to remove; seconded by Councilman Mathias. The vote was 5-0 with Councilmen Hall and Mann absent.
Gary Steger, several meters on S. Division, Dorchester, Worcester Streets - Councilman Mathias moved to approve although he did not favor removal east of Baltimore Avenue. Councilman Gisriel seconded. Councilman Meehan pointed out that the request was not specific. The motion was amended to contact Mr. Steger for clarification. The vote was 5-0 with Councilmen Mann and Hall absent.
Hal Adkins asked for clarification on several points: 1) a request to leave the pole in the sidewalk if the meter needed to be reinstalled and the response was positive. 2) where there is space for two-and-a-half cars (three meters), which meters should be removed. It was suggested to use discretion and remove two. 3) to have the deadline date for requests moved earlier. Mr. Adkins was advised that this matter has been addressed in that next year they will not be installed on the streets until May 1st.
12. Bob Rothermel addressed bus operations during Springfest and Sunfest. The proposal was to discharge and pickup passengers at the station at the transit center at S. Division. The request was made because the location of the tents have been reconfigured this year and it is felt the buses do not need to go into the parking lot. Councilman Gisriel moved to approve; seconded by Councilman Duggan. The vote was 4-0 with President Feehley out of the room and Councilmen Mann and Hall absent.
13. A request had been received from Worcester County for the old radios that had been used by the Wastewater Department. City Manager Dare stated they are not very new and would have marginal value. Mr. Dare's recommendation was to proceed with the request. Councilman Duggan moved to approve; seconded by Councilman Mann (?). The vote was 4-0 with President Feehley out of the room and Councilmen Mann and Hall absent.
14. City Manager Dare addressed the proposed schedule of budget hearings that will begin on Tuesday, April 18. The meetings are scheduled from 9 to 12. Councilman Gisriel moved to start the meetings at 8:00 and to crowd more subject matter into the times in order to save numbers of meetings overall. Councilman Meehan pointed out that no matter what times were presented, the meetings would probably overrun anyway. The proposed schedule will stand.
15. Off-premise, vehicle and directional signs were discussed. Councilman Mathias felt no major problems were apparent at this time and moved to allow the conditions to remain status quo; seconded by Councilman Duggan. Several members of the Council wished to see what if anything might happen over the summer and to schedule a discussion in the fall. The vote was 5-0 with Councilmen Mann and Hall absent.
16. As it would be necessary to hold an Executive Session on Monday, April 17th, to discuss a contractual matter, Councilman Meehan moved to schedule; seconded by Councilman Mathias. The vote was 5-0 with Councilmen Mann and Hall absent.
17. Councilman Gisriel addressed the proposed charter amendment that would allow advertisement of ordinances as a fair summary rather than full text. Mr. Gisriel proposed an amendment to post a full copy in City Hall for the public's perusal. Mark Cropper was instructed to contact Guy Ayres for the wording of the amendment.
18. There being no further business, Councilman Meehan moved to adjourn; seconded by Councilman Mathias. The vote was 5-0 with Councilmen Mann and Hall absent.
Meeting adjourned at 3:40 p.m.
SYNOPSIS - WORK SESSION - APRIL 25, 1995
PRESENT: President Feehley, Councilmen Gisriel, Meehan, Mathias, Hall, Mann,
and Duggan; City Solicitor Guy Ayres ; City Manager Dennis Dare; Adm. Ass't to City Mgr. Kathy Mathias; Tom Perlozzo; Terry McGean; Jesse Houston; Bob Rothermel; Dick Malone; Martha Bennett; Ginny d'Eustachio; Members of the Press; and Interested Citizens.
1. President Feehley called the work session to order at 1:05 p.m.
2. The first order of business was a discussion of north/south oceanside alleys between 79th and 80th Streets. These alleys had been discussed at the April 11th work session where it had been recommended to open the westernmost alley and to close the easternmost alley. The property owners who back up to the west alley, Wilmington Trust and Paradise Real Estate, requested that this alley not be opened. The bank's reasoning was their ATM machine and drive-in operations would be affected. No motion was forthcoming. Joe Moore, representing the owners, then requested that no improvements be made this year. Councilman Duggan suggested that the bank reverse its drive-in; but the bank representative felt this would be costly. Councilman Mathias moved to open the alley but to allow for the bank to make any changes by the end of the season. Councilman Meehan seconded. The vote was unanimous.
Regan Smith addressed closing of the easternmost alley. The affected owners are not happy over the requirement of appraisal and cost-related fees; however, a title search and appraisal are being done, the appraisal being done by Bob Jester. Councilman Meehan moved to allow this to proceed; seconded by Councilman Hall. The vote was 6-1 with Councilman Gisriel opposed.
3. Discussion followed regarding a recent newspaper article that said the Council and Rec Department need better working relations. It was pointed out that the press attended the meetings where the recent strategic plan was worked on and some misinterpretations may have surfaced there. Councilman Mathias stated that at one of these meetings he made a statement that maybe the public should get more information about the Rec Department so that they are aware of how their tax dollars are spread out, and had suggested perhaps an article in the annual newsletter about same. Mayor Powell stated these perceptions are seen when there are opposing viewpoints between the Mayor and Council and various departments.
Tom Perlozzo presented a volleyball request that had been overlooked in the initial request for tournaments throughout the season. The dates are May 6 and 7. Only 20 nets would be needed for this tournament. It was also clarified that snacks and drinks would be provided for participants only. Discussion followed about the fees collected versus the probable profit that is made by the promoter. Mr. Perlozzo informed the Council that the profit and loss statement from this promoter is available. President Feehley requested that the entire picture of tournaments be reviewed in the fall. Councilman Duggan moved to approve; seconded by Councilman Mann. Councilman Meehan pointed out that no major expenses are attributable to the Town, and the economic impact is enjoyed by many businesses. The vote was unanimous.
4. (con't)
Positive comments then followed about the large numbers of golfers that had been in town this past weekend.
5. Dick Malone presented a report from the Worcester County Solid Waste Advisory Committee. The three closed landfills in the county need to be capped with environmentally correct requirements. This federal requirement is to prevent leaching into the groundwater. A summary of the county's proposal and associated costs was provided. The present tipping fee is $25/ton and one proposal asks for $40/ton or $600K per year. Bond issues have been suggested also. As there is county-wide involvement, Councilman Hall felt the Mayor and Council should meet with other county municipalities. Councilman Mathias asked that hazardous waste be discussed also. Mayor Powell commented on out-of-town trash that is brought in and what could be done about it. Dick Malone stated that his committee will be presenting the proposals to the County Commissioners on May 9 at one of their budget hearings. This topic will be discussed again at another work session.
6. Review of the Health and Safety Manual followed. A completely revised manual has been produced. It has been reviewed by all department heads many of whom's suggestions have been incorporated. The safety standards in the manual should reduce accidents and their associated costs. Last year incidents were reduced by 38%. However, lost time increased by 20% which affects productivity. The manual does comply with MOSHA and OSHA standards. City Solicitor Ayres recommended several wording changes. Mr. Ayres also discussed the accident suspension and termination policy and felt each case should be weighed of itself rather than based on a pro-rated table of standards. As another safety measure, Councilman Mathias recommended that all city vehicles use their headlights at all times and moved to have this done; seconded by Councilman Hall. The vote was 6-0 with Councilman Meehan abstaining.
In discussing hazardous waste, Councilman Gisriel suggested that all training records or exposures be kept in those affected personnel records for 30 years rather than 7 years. It was pointed out that Workman's Comp would have the liability and that, if OSHA required seven, it was reasonable. No second was made. City Solicitor Ayres stated that, if the Mayor and Council wished to adopt the manual, a resolution should be passed at the next Regular Session. Councilman Mann moved to have the resolution prepared; seconded by Councilman Mathias. The vote was unanimous. Today's date was decided upon as the revision date. Councilman Gisriel requested that the department head changes be supplied also.
7. Martha Bennett provided the quarterly financial report. Collections have been fairly consistent with taxes being ahead of this point last year; however, ambulance fees still run behind even though the dollar amount collected is higher. Now that the ambulance fees have been raised, it seems that less overall is paid.
8. David Collins discussed ambulance fees and presented a revised status report. Because of the new Medicare provider's requirements, the itemization billing that the Town adopted is no longer acceptable. Medicare allowances were provided in the agenda pack. As a point of interest, Medicare billing averages 20%. It was agreed that increasing the fees is geared toward Medicare reimbursement. Councilman Mathias moved to adopt the revised rate schedule; seconded by Councilman Hall. Councilman Duggan suggested that non-insurance, non-emergency passengers be advised of what the charges would be; but it was felt this would be sensitive. The vote was 6-0 with Councilman Meehan out of the room.
9. Review of parking meter requests were discussed. Dorothy Rolfe had misunderstood the request but wanted to make sure no meters were placed in front of her property at 109 Talbot Street.
Assateague House and Worcester Street meters - Councilman Mathias stated he had talked to some owners here and they had suggested a permit system. This topic will be discussed in the fall. Under discussion today were 22 meters. Councilman Duggan move to remove 11; seconded by Councilman Meehan. The motion was clarified the removal would be the eastern 11 meters. The vote was 3-3-1 with Councilmen Mathias, Gisriel, and Hall opposed and Councilman Mann abstaining.
Councilman Mathias then moved to remove 22; seconded by Gisriel. The vote was 2-4-1 with Councilmen Mathias and Gisriel for and Councilman Mann abstaining.
Councilman Duggan again moved to remove the eastern 11 of 22 meters; seconded by Councilman Meehan. The vote was 4-2-1 with Councilmen Hall and Gisriel opposed and Councilman Mann abstaining.
Worcester Street Brewing Company and Worcester Street - The new owners prefer to have the original request honored; i.e, all meters along both sides of Worcester Street. The business is on the northeasterly side of the street. Councilman Gisriel moved to have two meters directly in front of the property removed; seconded by Councilman Duggan. The vote was unanimous.
Gary Steger - two meters at 12 Worcester Street - Councilman Meehan moved to remove; seconded by Councilman Hall. The vote was unanimous.
President Feehley stated he had had a request from Erica Laufer to install two meters at First Street and Baltimore. No meters are there presently. Councilman Duggan moved to have staff review the area and, if it's appropriate, to place two meters. Councilman Mathias seconded. The vote was 6-1 with Councilman Gisriel opposed as he felt the deadline had passed.
10. City Manager Dare addressed recent bids for the 1st Street tennis courts. P&A Paving's low bid of $15,694 had been found to be in order and request was made to award. Councilman Mann moved to award; seconded by Councilman Meehan. The vote was unanimous.
11. City Manager Dare reported that a meeting had taken place with the Maryland Stadium Authority yesterday. The contract with the architect and construction manager were effective through the current design effort. Per the state bills that were recently passed, the contracts have to be made directly with the state. RFP's from both these companies have been requested and a meeting has been scheduled with the Maryland Stadium Authority. Additionally, as cost overruns had been stricken from the document, if any should occur, they may be divided 50-50. City Solicitor Ayres cautioned that there is a cap on the state's money. An official agreement between the Town and the Stadium Authority is being prepared modeled on the Baltimore Convention Center agreement.
12. City Planner Houston presented recommendations from the Planning and Zoning Commission regarding conditional uses for water-related recreational activities in several zoning districts. A public hearing has been held. Recommended changes to the current guidelines were provided and discussed. These include removal of the use from all Residential districts. Portable toilets were not considered by P&Z at this time as they feel this needs to be addressed more in depth. Mayor Powell voiced his concern over this. Councilman Meehan moved to accept the recommendations; seconded by Councilman Gisriel. Lengthy discussion followed over this topic. The vote was 2-4-1. Councilman Meehan and Councilman Gisriel voted for and Councilman Duggan abstained.
Majority of the Council who did not vote for the motion had problems with the guidelines. Councilman Mann moved to approve the recommendations as presented except for to require permanent toilet facilities versus portable ones. Councilman Meehan seconded. The vote was 6-1 with Councilman Hall in opposition.
13. As it would be necessary to hold an Executive Session on Monday, May 1, to discuss legal and contractual matters, Councilman Meehan moved to schedule; seconded by Councilman Mathias. The vote was unanimous.
14. President Feehley relayed that he had been approached by a non-profit group member who was interested in renting the Caroline Street pad; however, City Manager Dare responded that no such offer has been made.
15. There being no further business, Councilman Meehan moved to adjourn; seconded by Councilman Mathias. The vote was unanimous.
Meeting adjourned at 4:50 p.m.
SYNOPSIS - WORK SESSION - MAY 9, 1995
PRESENT: Mayor Powell, President Feehley, Councilmen Gisriel, Meehan, Mathias,
Hall, Mann, and Duggan; City Solicitor Guy Ayres ; City Manager Dennis Dare; Adm. Ass't to City Mgr. Kathy Mathias; Jesse Houston; Carol Jacobs; Ginny d'Eustachio; Members of the Press; and Interested Citizens.
1. President Feehley called the work session to order at 1:15 p.m.
2. The first order of business was the spring meeting with officials from State Highway Administration. Ocean City topics were as follows:
o Loop detection problems at several streets - These have been checked and are now okay.
o Median project on Philadelphia Avenue from 9th to 26th - This is in the planning process, but no money has been designated for construction yet. Discussion turned to the Eastern Shore Gas tank proceedings. Hal Adkins summarized the pipe laying that Eastern Shore Gas has been doing in tandem with water line projects. As the last link is from 25th to 15th, the Town planned to finish the raw water line in conjunction with the SHA project on which ESG's completion is again contingent and thus will postpone the removal date of the tank. However, ESG plans to monitor their operation to decide if removal can occur earlier. Mr. Adkins recommended the ESG agreements be reviewed later this summer to assess the situation at that time. Councilman Hall moved to invite ESG in September for an update; seconded by Councilman Hall. Councilman Mann suggested they be invited sooner to relay their plans. The motion was amended to invite ESG to the next work session. The vote was unanimous.
o Jersey barrier at the eastern toe of the Route 50 bridge - SHA stated this had been investigated several years ago. Problems are pedestrian crossing availability and finishing treatment of the ends of the barriers. However, SHA responded that they will readdress the situation.
SHA topics were as follows:
o US 113 safety improvements - Short-term improvements have been made with more in the near future. Dualization of the remaining single-lane stretches has been added to the planning stage again. Costs are projected to be $125-130 million. Funding the entire project at one time is probably not possible.
o Route 90 safety improvements - SHA is looking into short-term improvements. Dualization would probably not occur anytime soon. The entire stretch of Rt. 90 has been divided into six segments, one per year. It is planned to start work in Segment 2 which is Isle of Wight. A landscaped median is planned from bridge to bridge with a break at the light. Bridges themselves will not have a median. Delineator posts are to be installed in the grass on the right-hand sides to discourage passing on the right. It is further planned to
2. SHA (con't)
do one section a year depending on funding. Another change is the ingress and egress at 113, possibly a cloverleaf. Five signs at strategic locations will be installed notifying motorists of backups. These are intended to stop rear-end collisions and should be in place by Memorial Day. No passing at all is allowed on either bridge now and rumble strips have been extended across both bridges.
o Convention Center traffic signal - A study has been completed regarding a traffic signal at 41st Street and SHA will work in conjunction with the Town's plan.
o 52nd Street and Coastal Highway - This issue has been resolved.
o Saturday drawbridge openings at Rt. 50 - USCG plans to run trial openings of once an hour, 9-4, the five Saturdays in July. A decision will be made after reviewing the data.
Councilman Mathias addressed the traffic lights approaching Ocean City and asked if SHA had checked their coordination. SHA responded that it would be done before Memorial Day. Councilman Mathias also asked if signs with drawbridge time openings had been designed. Here again SHA responded they would be in place Memorial Day. Council reminded SHA that the season is starting earlier than Memorial Day now, more like May 1st.
Councilman Mathias addressed the upcoming events' sign on the eastern side of the Bay Bridge. SHA responded that this is coordinated through the Department of Economic Development who in turn selects what goes on. These are decided upon in October of the previous year.
The traffic light at 132nd Street was discussed. It is planned to be in operation starting Memorial Day. SHA advised corresponding with the Secretary of Transportation.
3. A Special Event Permit Request for Job's Daughters was discussed. As the event is scheduled for the weekend and it had been on and off previous agendas, it was presented today. This group meets every year; however, this request includes a Rain Gutter Regatta. Councilman Duggan moved to approve; seconded by Councilman Mathias. Councilman Gisriel recommended amending the motion to include the certificate of insurance. The vote was unanimous.
4. Jesse Houston addressed the Farmer's Market discussed at the previous Regular Session. In June of '91 the Mayor and Council had approved two locations, one day of operation at each spot. This year the market plans to operate three days a week at the 142nd Street parking lot. Mr. Houston has not been able to contact anyone regarding the operation and asked if the Council wished to have the organization reapply. Councilman Hall moved to have the state agricultural department come in with an update. Councilman Mathias seconded. Mayor Powell recommended contacting Lou Riley. Brian McGee, The Coast Dispatch, informed the Council that this year the state will no longer sponsor the group; they have become independent. The vote was unanimous. The City Manager was instructed to contact Lou Riley.
5. Discussion of the guidelines for the Caroline Street pad followed. Kathy Mathias reviewed the changes the Mayor and Council agreed on. Councilman Duggan moved to accept the guidelines and requested that winners not be allowed to hire personnel to run their operation; i.e., that only volunteers be allowed to run it. Confusion abounded as to who and from where could compete, mainly due to the proposed legal notice used last year that had old wording. Councilman Gisriel stated it was not his intent to allow others outside the 10th Election District when the emergency ordinance was discussed and in turn promulgated these guidelines. Councilman Mathias seconded the motion. The vote was 6-1 with Councilman Gisriel opposed.
Brian Hamilton, a street performer, made an appearance. He informed the Mayor and Council that the areas off the Boardwalk now allowed for street performers was inappropriate for his act but the Caroline Street pad would be. He compared the area at Harbor Place but was informed that was private property. Question was raised if Randy Hofmann could still craft his sand sculptures. City Solicitor Ayres responded that operation is not on the Boardwalk but he would have to remove his cash pot. Councilman Hall moved to have the City Solicitor promulgate new guidelines for the legal advertisement and have them at the next Regular Session; seconded by Councilman Meehan. The vote was 6-1 with Councilman Gisriel opposed. Councilman Duggan asked if this draft could be provided tomorrow.
6. City Clerk Carol Jacobs led a review of suggested code revisions. Today's chapters were only Part I of the review. Uniformity and housekeeping make up most of the changes. In discussing powers of the City Manager, Councilman Gisriel moved to have "right to reject all bids and readvertise" from those duties. Councilman Mathias seconded. The vote was unanimous. City Solicitor Ayres recommended not removing but changing the power to the Mayor and Council and Councilman Gisriel amended the motion to change this and include waiving authority; seconded by Councilman Meehan. The vote was unanimous.
In discussing Powers of the Mayor, Councilman Gisriel moved to add that the Mayor would have a vote in the hiring and firing of the City Manager as with the Chief of Police. Councilman Hall seconded. Councilman Mathias asked that this be tabled so the topic could be weighed more fully. The motion was withdrawn. City Solicitor Ayres was instructed to prepare charter amendments for the chapters agreed to.
Code changes were next. The committee recommended that the entire Chapter 1 be replaced, which is modeled on the Cumberland city code, except for a few areas. Councilman Gisriel requested that this chapter be tabled as it encompasses several pages.
In discussing the Beautification Committee, the topic of funding surfaced where the code committee recommends the City Manager be referenced instead of the Finance Department. Presently the code requires a semi-annual accounting but no one was sure if any money presently existed. This will be checked. In discussing Police Administration, lengthy discussion involved police reserve officers and their duties. It was decided to have the Police Commission check this. Continuation of following chapters will be scheduled at another work session.
7. City Planner Jesse Houston presented a proposed amendment to Chapter 52A, Flood Damage Controls. This amendment would lower the height elevation in the downtown areas south of 3rd Street. Planning and Zoning office feels that, by lowering the elevation requirements, more refurbishment would occur in the downtown areas. This reduced elevation would still need comments from FEMA. Councilman Meehan moved to accept this proposal and to contact FEMA. Councilman Mann seconded. The vote was unanimous.
8. The resolution adopting the Health and Safety Manual had been presented at the last Regular Session but had been requested to be tabled for further discussion. At this meeting Ralph Stitt clarified various points and verbiage and the resolution will be presented again at the May 15 meeting.
9. City Manager Dare addressed a bid waiver request from the Purchasing Department in that, because of the limited number of companies providing the services needed, the firm of Tesco be used for the radio test equipment at $23,235.83. Councilman Duggan moved to approve; seconded by Councilman Mathias. The vote was 4-1 with Councilman Gisriel opposed and Councilmen Hall and Meehan absent.
10. As it would be necessary to hold an Executive Session on May 15 to discuss legal and contractual matters, it was decided to schedule the meeting at 6:30. Councilman Mann moved to schedule; (no second was recorded). The vote was 5-0 with Councilmen Hall and Meehan absent.
11. City Manager Dare gave an update on the Convention Center progress. The architect and construction manager, both of whom had been used by the Town, had been invited to make a presentation to the Maryland Stadium Authority, hopefully to continue their efforts through them for the balance of the project. Finalization of contracts should take place on May 24. Because of the change of hands with the contract, a short delay for the start of the project is imminent, perhaps six weeks.
12. There being no further business, Councilman Mann moved to adjourn; seconded by Councilman Mathias. The vote was 5-0 with Councilmen Hall and Meehan absent.
Meeting adjourned at 4:30 p.m.
SYNOPSIS - WORK SESSION - MAY 30, 1995
PRESENT: Mayor Powell, President Feehley, Councilmen Gisriel, Meehan, Mathias,
Hall, Mann, and Duggan; City Solicitor Guy Ayres; City Manager Dennis Dare; Adm. Ass't to City Mgr. Kathy Mathias; Jesse Houston; Hal Adkins; Carol Jacobs; Ginny d'Eustachio; Members of the Press; and Interested Citizens.
1. President Feehley called the work session to order at 1:10 p.m.
2. The first order of business was a request to operate a paraglide operation. Mr. Joe Emm of Island Watersports presented a proposal of this operation to the Mayor and Council. Initially passengers would ride with Mr. Emm on his glider. Hopefully, this venture would grow so that instructions could be given to students in the future. Mr. Emm and would-be passengers would start in the bay from a boat similar to the para-sail operations but landings would take place at the airport, perhaps at the grassy spots where the skydivers practice landings. Councilman Hall moved to schedule this proposal at the next available Monday night meeting where Don Stewart, Ralph Stitt, banner pilots, and sightseeing plane pilots would be invited for their input, and to have information of scheduled flights out of the airport provided and to have information from other airports where this activity is allowed provided. Councilman Meehan seconded. The vote was unanimous. An afterthought was to also invite Natural Resources Police and Coast Guard representatives.
3. Scott Warren and Patti Miller made an appearance on behalf of Arts Atlantica and gave an update of the progress of the event to the Mayor and Council. It was pointed out that private sector support has been overwhelmingly supportive. Many offshoot activities will take place throughout the Town as a city-wide celebration of the arts.
4. Bid openings for annual fill dirt requirements followed. Hal Adkins explained that many suppliers are in a 15-mile radius but do not choose to bid.
McAllister Sand & Gravel - no bid
Because there was only one other bid and with the explanation supplied by Hal Adkins, Councilman Meehan moved to open the single bid; seconded by Councilman Mann. The vote was 7-0.
Cygnet, Selbyville, DE - $2.65 per cubic yard
Councilman Duggan moved to accept; seconded by Councilman Mann. It was pointed out that last year's price was $2.62 (+/-) per cubic yard. The vote was unanimous.
5. Bids for annual hot-mix requirements followed. Here again, only one bid was submitted. Hal Adkins requested that the bid be rejected and the item rebid. Councilman Mann moved to reject and rebid; seconded by Councilman Meehan. The vote was 7-0.
6. Bids for annual stone requirements (per ton) were as follows:
Crusher Run 3/4" Stone Ballast
Martin Limestone $12.35 $14.25 $15.85
Arundel Products 12.55 14.20 16.60
Roher's Quarry 13.80 no bid 18.50
Councilman Mathias moved to acknowledge the apparent low bids for crusher run and ballast from Martin Limestone and 3/4-inch stone from Arundel Products and remand to staff for review. Councilman Meehan seconded. The vote was unanimous.
7. RFP's for fireworks for 4th of July were acknowledged as follows:
US Traditional, West Middlesex, PA
Vitale, New Castle, PA
Fireworks Productions, Northeast, MD
Zambelli Fireworks, New Castle, PA
Councilman Gisriel moved to acknowledge the proposals and remand to staff for review with results provided by Monday evening's meeting. Councilman Duggan seconded. The vote was unanimous.
8. Bids for the 535 used surplus parking meters followed. Only one response had come in although many agencies were notified. A scrap dealer had also been contacted. Councilman Gisriel moved to open the bid; seconded by Councilman Meehan. The vote was unanimous. The bid from Duncan Industries was as follows:
Item 1: # of lots of 25 being bid (bid per meter) - $10.10
Item 2: # of lots of 25 being bid (bid per meter) - 17.25
Item 3: # of lots of 10 being bid (bid per meter) - 10.10
Item 4: lump sum for all 20 mechanisms: - 65.00
Councilman Gisriel moved to remand to staff for calculated revenue and to further compare the expense for a future lot with meters. Councilman Meehan seconded and asked that the scrap bid be included in the calculations. The vote was unanimous.
9. Ted Spencer gave the results of the employee election for pension plan representatives. Those elected were John Van Fossen for General Employee and John Wells for Public Safety. Councilman Mann moved to affirm; seconded by Councilman Meehan. The vote was unanimous.
10. Carol Jacobs led the continuance of the code revisions picking up at Chapter 22. Explanations for most changes include uniformity and housecleaning. A recommendation from Chief Massey was to increase impounding fees for animals picked up. Currently the fee for the first time pickup is $5 and the suggested increase was for $25. However, Council felt this was steep and might deter owners from claiming their pets. Councilman Gisriel moved to increase the fee from $5 to $10 with progression; seconded by Councilman Duggan. The vote was 6-0 with Councilman Hall absent.
10. (con't)
Licensing of cats was discussed and Councilman Duggan moved to do this; seconded by Councilman Gisriel. The motion failed with Councilmen Meehan, Feehley, and Mann opposed and Councilman Hall absent.
Regarding beach equipment rental, it was suggested to raise the $50 removal of storage box fee to $100. Mayor and Council did not object. Committee recommended increasing liability coverage from $500K to $1M. Discussion followed that this may deter future bidders. Request was made to provide numbers to compare this information. In discussing ability for corporations to bid on beach parcels, it was decided to retain the present policy of no corporations. Councilman Mathias moved to have the present code language retained; seconded by Councilman Meehan. The vote was 6-0 with Councilman Hall absent.
In discussing beach photography franchise, recommendation was to allow submittal of bids to the start of the meeting where they would be opened and addressed to the City Manager's Office. Councilman Duggan put this in the form of a motion. It was decided to open these at the first meeting in February. Councilman Gisriel seconded. The vote was 5-0 with Councilmen Meehan and Hall absent. Tabled topics were tabled again so that they may be looked at more in depth.
11. Regulations for the Caroline Street pad were next on the agenda. Councilman Meehan moved to table this topic once more; seconded by Councilman Mann. The vote was 5-0 with Councilmen Mathias and Hall absent.
12. City Manager Dare addressed bids for bus engines. MTA has concurred with the low bid for Option 4 from Carey Diesel which includes warranty work of $23,921.72. It was pointed out this bid would only be exercised if needed. Councilman Duggan moved to approve; seconded by Councilman Mann. The vote was 5-1 with Councilman Mathias abstaining and Councilman Hall absent.
13. City Manager Dare presented the Council with a list of of certain employees to evaluate employee compensations and benefits. Mr. Dare also suggested a Council member and/or alternate be appointed. Council Members Meehan and Duggan volunteered. President Feehley suggested that all Council Members be invited and they attend if possible.
14. City Manager Dare informed the Mayor and Council of a meeting with the Maryland Stadium Authority last Friday. Both the architectural firm and construction management firm representatives were present. The meeting was the second of a series as they now come under the umbrella of the Stadium Authority. Another meeting will take place in Atlanta this week. A full-time engineer on site has been hired for the Ocean City project as part of the Stadium Authority's expense.
15. Councilman Gisriel commented on the proposed budget that will be presented on June 5 for First Reading. As it has been rumored that Mayor Powell would veto it, Councilman Gisriel felt the issues should be addressed to iron out differences. Key to the difference was the proposed tax rate increase of two cents versus using a portion of a standing fund balance of several million dollars. Several Councilmen confirmed their positions and Mayor Powell acknowledged his reasons for the veto. No action was taken.
16. As it would be necessary to hold an Executive Session on June 5, 1995, to discuss legal matters, Councilman Mann moved to schedule and adjourn this meeting; seconded by Councilman Meehan. The vote was 6-0 with Councilman Hall absent.
Meeting adjourned at 4:05 p.m.
SYNOPSIS - WORK SESSION - JUNE 13, 1995
PRESENT: Mayor Powell, President Feehley, Councilmen Gisriel, Meehan, Mathias,
Hall, Mann, and Duggan; Acting City Solicitor Jay LeCorte; City Manager Dennis Dare; Adm. Ass't to City Mgr. Kathy Mathias; Jesse Houston; Blaine Smith; Carol Jacobs; Ginny d'Eustachio; Members of the Press; and Interested Citizens.
1. President Feehley called the work session to order at 1:05 p.m.
2. The first order of business was a recap of the Arts Atlantica event. Scott Warren presented a trial balance as not all items have been accounted for. Overall the committee feels this was a worthwhile event and would like to do the same type thing next year as the artists plan their calendars a year in advance. With the recent ordinance prohibiting activities on the Boardwalk and the future of the ordinance, Councilman Hall moved to allow the event the same weekend next year but with a site to be determined. Councilman Mann seconded. The vote was unanimous. The committee then asked that the children's mural be accepted by the Town and hung possibly at the racquetball court and that the smaller piece be displayed at the Convention Center.
3. John Wile of Rosser Fabrap introduced members of Rosser Fabrap and Hardin/ SPN. Mr. Wile then proceeded to give an update on what s happening at the Convention Center. They expect to break ground in mid-September and finish finish in the Fall of '97. Councilman Mathias requested that after future meetings are completed, executive summaries of same be provided to the Mayor and Council and that an extra set of plans be kept and updated in the Mayor's office as progress unfolds. Councilman Gisriel asked if future expansion costs were built into these plans to which Mr. Wile responded that future plans are always considered but the costs would be the same.
4. Steve Kasper and Steve Clark made an appearance to request permission to house their non-domesticated pets which are snakes, reptiles and frogs. The animals are kept caged and are well cared for. They have even been used by several schools for educational purposes. Mayor and members of the Council voiced pro and con arguments. Because of the well presented documentation provided, Councilman Mathias moved to allow the pets; seconded by Councilman Meehan. Mayor Powell asked what his role was if this motion passed as he did not favor it; that is if he could veto it. The Acting Solicitor advised that this could be referred to Guy Ayres. After further discussion, Councilman Mathias amended the motion to include that, if any problems arose, the permission be revoked at once. Councilman Duggan suggested that sticker notices be applied on the entrances and exits to the residence that indeed reptiles to reside there. Councilman Mathias then asked that only the pets applied for today be allowed rather than for the community to increase. Councilman Meehan asked that the motion further approve only this location; that is if the applicants should move, a new request would have to be reviewed. The vote was 5-2 with Councilmen Gisriel and Duggan opposed.
4. Bid openings for annual hot mix requirements were as follows:
Kary Asphalt, Salisbury, MD - $26.69/ton
I.A. Construction, Salisbury, MD - 26.00/ton
Even though the bids were above the staff estimate, Councilman Mann moved to acknowledge both bids to be reviewed by the staff for recommendation; seconded by Councilman Mathias. The vote was unanimous.
5. RFPs for a rental car operation at the airport had been solicited. Councilman Gisriel asked if the agreement included today had been part of the specs to the vendors, to which the response was yes. Mr. Gisriel cited potential problems with some figures being presented to the vendors beforehand and felt this information should be part of the lease agreement to the successful vendor. City Manager Dare responded that the RFPs were based on material other municipalities have used. The RFPs were as follows:
Hertz Rent-a-Car, Salisbury, MD - $300 monthly, et al.
Thrifty Car Rental, Mt. Rainier, MD - not interested
Avis Rent-a-Car - no bid but interested
Citing several reasons, Councilman Gisriel moved to reject all bids; seconded by Councilman Mathias who recommended reformatting the bid package and rebidding. The vote was unanimous.
6. Councilman Mathias again suggested looking into possible sites for money machines. He stated he had several locations in mind.
7. An update on the status of the Farmer's Market at 142nd Street followed. Zoning Administrator Blaine Smith informed the Mayor and Council that the farmers using this location meet zoning requirements and have applied for and received individual business licenses to operate within the Town. They therefore are now legal. However, Councilman Hall recommended removing the allowability of these types of operations from the code. Questions arose and confusion over the two types of licenses a grower can purchase; the other one being the $1.00 home-grown produce or local seafood/poultry sales. It was decided to have City Solicitor Ayres check to see if state law pre-empted our code regarding this license. Several Shore-Fresh members who are operating at 142nd Street spoke before the Council. Initially their attitude was abrasive; but after everyone agreed that the operation was legal, composure followed. Roger Mann, a produce operator at 145th Street, again spoke against the group as he is losing money. Councilman Duggan inquired about sanitary facilities. Blaine Smith responded that a business in the adjoining shopping center allows the operators to use their facilities. At this time, Council tabled the discussion until hearing from the City Solicitor by the next work session.
8. At this point in the meeting City Clerk Carol Jacobs turned in a petition signed by citizens in protest of the Boardwalk ordinance.
9. Carol Jacobs led the continuance of the code revisions picking up at Chapter 28. Explanations for most changes include uniformity and housecleaning. The recommendations were accepted by the Mayor and Council except for calendar time allowance of dogs on the beach and numbers of passengers allowable in surrey bikes. Councilman Mathias requested that bike rental operators be contacted regarding the concern of six adults in a surrey bike. Discussion turned to powers of the Mayor. This topic had arisen previously because the Mayor has a role in the appointment of the Chief of Police but not the City Manager. Several Councilmen had suggested adding that to mayoral duties. Councilman Gisriel moved to have this charter change; seconded by Councilman Mathias. Pro and con opinions surfaced and Councilman Mathias withdrew the second. The topic was tabled.
10. Parking exceptions granted by BZA were discussed. The qualified numbers of exceptions granted by BZA from 1990 to date were provided in a memo from City Planner Jesse Houston. The topic was on the agenda for the Mayor and Council to consider charging for these exceptions. Councilman Mann pointed out that these exceptions encourage redevelopment in the downtown area where the city is still benefiting. Councilman Meehan agreed with the principle but felt the criteria to be established would be complicated. He also suggested that maybe the initial requirements were too stringent thus the multiple requests. Mr. Houston explained how the permits are granted in that if the applicant can prove the required amount of spaces is not needed, BZA must grant the exception. Mr. Houston recommended changing the code so that parking exceptions would not be allowed. Councilman Hall suggested the topic be tabled to another work session where it could be discussed in depth and to perhaps have members of the BZA at the meeting. City Planner Houston was advised to contact City Solicitor Ayres to see if and how changes could be made and present this at the next meeting.
11. City Manager Dare informed the Mayor and Council that City Solicitor Ayres had just telephoned from the courthouse. The hearing had been concluded and the judge will render an opinion at a later date.
12. City Manager Dare addressed the tennis courts at 41st Street that need to be relocated in light of the upcoming Convention Center renovations. Because these were built with Open Space grant money, they must either be replaced in the area or the money returned. A draft letter to the DNR explaining the situation was enclosed in the agenda pack for Mayor and Council's consent to send out. The intent is to place the courts at the Mallard Run Tennis Complex. President Feehley stated he has had requests to relocate the courts to Caine Woods. Since Project Open Space guidelines must be met, Councilman Hall moved to check if this would be possible. Councilman Duggan seconded. The vote was 6-0 with Councilman Meehan absent. Copy of request is to be provided to Mayor and Council.
13. At the last Regular Session, Jack Dembo had inquired about the construction of a taxi stand at 2nd Street adjacent to the Trailways Bus Terminal which he thought the Mayor and Council had approved. In checking previous minutes, no such approval had been given.
14. At the last Regular Session when discussing the FY-96 budget ordinance, the ordinance was passed with $1.27 tax rate but with instructions for the City Manager to try and cut the rate back to $1.25. Today possible areas to cut were presented as well as other revenue. City Manager Dare went through the items giving reasons for the action. Appropriate cuts were made and these will be incorporated into the budget package for Second Reading at the next Regular Session. Councilman Hall moved to accept the changes; seconded by Councilman Gisriel. (No vote was taken.)
As a follow-up discussion, Councilman Mathias expressed his views on possible refunding from the state regarding incarceration fees and associated expense. He also commented on repeat calls to the Police Department by the same people and possible charges for these repeated callers and made this in the form of a motion. Councilman Duggan stated this had been requested before and the City Solicitor had advised against. Discussion followed that the majority of these repeat callers are slumlords using the police system. Councilman Hall seconded the motion. The vote was unanimous. City Solicitor Ayres will check the legality of doing this. Councilman Meehan pointed out that no management on site in a hotel/motel is a zoning violation. Councilman Duggan stated that several years ago the Town sent correspondence to various school principals in the Baltimore/Washington corridor asking for assistance by alerting parents of potential problems.
15. As it would be necessary to hold an Executive Session on June 19 to discuss legal and personnel matters, Councilman Mann moved to schedule; seconded by Councilman Hall. The vote was unanimous.
16. Mrs. Audrey Fisher, an owner in Sea Gate Condominium at 30th Street, made an appearance to discuss the pigeon problem at the building. Mrs. Fisher described the nuisance situation showing pictures of heavy droppings on carpeted porches and asked for city action. Councilman Mann recommended a feed that is federally approved that would help to eradicate the situation and that the problem is a private one.
17. There being no further business, Councilman Hall moved to adjourn; seconded by Councilman Duggan. The vote was unanimous.
Meeting adjourned at 4:55 p.m.
SYNOPSIS - WORK SESSION - JUNE 27, 1995
PRESENT: Mayor Powell, President Feehley, Councilmen Gisriel, Meehan, Mathias,
Hall, Mann, and Duggan; City Solicitor Guy Ayres; City Manager Dennis Dare; Adm. Ass't to City Mgr. Kathy Mathias; Chief Massey; Martha Bennett; Jesse Houston; Terry McGean; Carol Jacobs; Ginny d'Eustachio; Members of the Press; and Interested Citizens.
1. President Feehley called the work session to order at 1:10 p.m.
2. The first order of business was discussion of the weekend events involving a convention group who had booked the Convention Center and the Princess Royale. Councilman Hall stated the OCPD had been alerted early on and kept the group under control. No arrests were made over the weekend, however, involving this group. Mr. John Tremellen, general manager of the hotel, informed the Mayor and Council of the immoral conduct, drug dealings, destruction, and general overall disorderliness of the group. However, he did commend the OCPD for their performance in averting more serious happenings. Because of many cancellations of other guests staying at the hotel, Mr. Tremellen asked that a letter of apology/concern from the Mayor and Council be composed so that it could be sent along with the hotel's apologies to disgruntled guests. President Feehley suggested coordinating this effort through the City Manager; but majority of Council and Mayor Powell voiced concern over such a statement in that the hotel is private property although they empathized with the problem. Mr. Robert Layton, former businessman in Ocean City, supported Mr. Tremellen's request and provided more details of incidents by this group. He suggested a tactical group be formed to handle this type of incident should it occur again. Mr. Charles Dipino, security directer at the hotel, elaborated on more details emphasizing this group was gangsteroriented. Everyone agreed that screening would not have prevented this group from being here as they had not been here before.
3. Jean Greenspan representing the Downtown Association presented a proposal to the Mayor and Council regarding establishing an IMAX theater in the Town. Mrs. Greenspan provided information on these theaters that are in operation and how successful they are. She suggested the Worcester Street parking lot or former police headquarters/district court as possible sites. A new group of private entrepreneurs has been established to work on this project. At this time costs are unknown. President Feehley suggested returning to the Mayor and Council after meeting with the group. Bob Rothermel spoke in support of the project and stated he had also asked for information but has not received it to date. It was agreed to meet again at a future work session.
4. Mary Adeline Bradford, representing the Board of Elections Supervisors, made an appearance regarding state/county/city registration problems. The board is frustrated with the universal registration and the fact that they cannot challenge voters as a board. Ms. Bradford requested that some action be done so they can work independent of the state. City Solicitor Ayres felt this might be unconstitutional, but an avenue to seek would be to have legislation introduced to the General Assembly seeking an amendment.
4. (con't)
Councilman Meehan moved to have the board meet with the City Solicitor to work on this possibility and report back to the Mayor and Council; seconded by Councilman Hall who added that perhaps Mr. Ayres could meet with the county board. Stanton Buddenbohn, another board member, agreed with the frustration. Several examples of ineligible voters were cited. Councilman Gisriel asked if board members had personally gone to Snow Hill to check the records and the board's response was that they had not and felt unwelcome. Councilman Mathias stated this has all been requested before with no solution and felt a definitive letter should be sent to state officials requesting exemption. Councilman Meehan restated his motion pointing out that the City Solicitor felt that route was unconstitutional. Mr. Ayres added that the General Assembly members passed this legislation for a reason and probably would not want to see it eroded. He felt requesting an amendment to give municipalities the right to challenge could be sought. The motion was amended to proceed in this vein; that is; having Delegate Bozman introduce legislation. The vote was 6-1 with Councilman Gisriel opposed.
5. Scotty Chaconas made an appearance regarding tow signs on private property and asked if they were legal. Since no information had been provided beforehand, Ms. Chaconas was informed that City Solicitor Ayres would have to research the information provided today. However, following further discussion Ms. Chaconas was assured that the signs and ordinance were legal.
6. Carol Jacobs led the continuance of the code revisions picking up at Chapter 34. Explanations for most changes include uniformity and housecleaning. Request was made to add Port Wardens' members be required to submit financial disclosures. Discussion followed if other boards or committee should be added. City Solicitor Ayres stated only boards that deal with the public were required to submit; however, Mayor and Council felt the Ethics Board members should also file since they check the disclosures of everyone else. Councilman Mathias moved to add Ethics; seconded by Councilman Gisriel. Question followed as to who would review the Ethics members disclosures. It was decided to have peer review for those if no provision was made through the state. The vote was unanimous. Because of some confusion over campaign contribution reporting, Councilman Gisriel suggested changing the format of the financial disclosure form. City Solicitor Ayres will look into this. As the code revisions should be submitted to the publisher soon, it was suggested to hold a work session devoted strictly to this matter.
7. Mr. Bob Yates made an appearance regarding the users of the basketball courts at 4th Street. He reiterated many things another neighbor, David Fairbank, had related to the Mayor and Council several weeks ago. He added that drug deals are also being made. Councilman Duggan suggested closing the courts and enlarging the tot lot. Councilman Hall suggested stationing a patrolman from late Friday afternoon to Sunday afternoon and evaluate the situation in a few weeks. Councilman Mann stated many employees and local residents use the courts in addition to outsiders who drop in and it would be a loss to those people; he agreed with the memo from Tom Perlozzo that recommended entrance to the courts be allowed by St. Louis Avenue only.
8. (con't)
Councilman Meehan moved to allow a patrolman there on weekends from 4 p.m. to dark. Councilman Hall seconded. The vote failed 3-4 with Councilmen Gisriel, Mathias, Feehley, and Duggan opposed.
Councilman Gisriel moved to relocate the courts such as Northside Park and to enlarge the tot lot. No second was forthcoming.
Councilman Mathias moved to have Tom Perlozzo identify the problem with a report brought back to the Council within two weeks; if the situation has not improved, the courts would be closed. No second was forthcoming.
Councilman Duggan moved to close the courts for a week hopefully to deter the unwholesome element. No second was forthcoming.
Councilman Mathias repeated his motion to have the Rec Department check the problem and report back. No second.
Councilman Meehan emphasized that this was a police problem, not a staff problem, especially if illegal drugs are being sold and repeated his motion to have a patrolman man the area on weekends with a full report back to the Mayor and Council. Councilman Mann seconded.
Councilman Gisriel offered a subsidiary motion to have Tom Perlozzo's staff try to better manage the area and for Tom to work with Chief Massey for police backup when needed with a report back in three weeks. No second to this motion was offered.
Councilman Meehan agreed to amend his motion to allow the Rec Department's combined effort. The vote was unanimous.
9. Terry McGean addressed the Bayshore Drive bulkhead project. Before the project can begin, the state needs a letter from both adjoining property owners giving permission to tie this bulkhead to each of theirs. The owner on the east side has no problem; however, the condominium on the west side voiced concern that this might impair their boat slips. It was pointed out that a portion of their boat slips is slightly over the harbor line, so they have agreed to an easement for that and provide an easement for the Town to tie in. Councilman Mann moved to proceed with the recommendation; Councilman Meehan seconded. The vote was 6-0 with Councilman Hall absent.
10. Terry McGean addressed the 131st Street traffic signal in the southbound lane of Coastal Highway. At the spring meeting, SHA had suggested the Town write to the State Department of Transportation if they wished it to be removed. A proposed draft was enclosed. However, several property owners in the area had requested the light remain. No accidents have occurred here either. Councilman Meehan moved to table the discussion to the fall meeting with SHA. Councilman Mann seconded. The vote was 6-0 with Councilman Hall absent.
11. Martha Bennett presented a proposed budget amendment. The amendment is necessary for adjustments coming in at the close of the year. Councilman Gisriel pointed out what he felt were discrepancies and Ms. Bennett said she would check. The ordinance will be prepared for the next Reg