February 24, 2015 Complete Agenda

90
  MAYOR AND CITY COUNCIL WORK SESSION Tuesday,  February 24, 2015   1:00 P.M. A Closed Session is scheduled from 10:00 AM   1:00 PM to discuss legal, contractual  and collective bargaining  matters. AGENDA 1. CALL TO ORDER 2. REPORT ON CLOSED SESSION   Tuesday, February 24, 2015   10:00 a.m.   1:00 p.m. 3. ACKNOWLEDGEMENTS AND RECOGNITIONS 4. COMMENTS FROM THE PUBLIC  Any   person who may  wish to speak  on a matter  scheduled   for  discussion on the Work  Session  Agenda may  be heard  during Comments  from the Public  for  a  period  of  three (3) minutes or  such time as may  be deemed  appropriate by  the Council  President.   Anyone wishing to be heard  shall  state their  name,  address and  the  Agenda item on which he or  she wishes to speak . 5. NEW BUSINESS A. Report on Ocean City Center for the Arts presented by Rina Thaler, Executive Director and Marian Bickerstaff, Board President B. Request to Approve Ocean City Dolphin Sculpture Plaza presented by Chris Trimper, OCDC Public Art Committee Chairman C. Presentation of  Crown Castle Proposal to Install Cellular Network in Ocean City presented by Rebecca Hunter, Government Relations Manager D. Discussion of  Quality Assurance Program Efficiency Improvements presented by Deputy Chief  Fire Marshal E. Water and Wastewater Rate Study presented by Finance Administrator 6. ADJOURN 

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Ocean City, Maryland Mayor & City Council Agenda Packet for February 24, 2015

Transcript of February 24, 2015 Complete Agenda

  • MAYORANDCITYCOUNCIL

    WORKSESSIONTuesday,February24,20151:00P.M.

    AClosedSessionisscheduledfrom10:00AM1:00PMtodiscusslegal,contractualandcollectivebargainingmatters.

    AGENDA

    1. CALLTOORDER

    2. REPORTONCLOSEDSESSIONTuesday,February24,201510:00a.m.1:00p.m.

    3. ACKNOWLEDGEMENTSANDRECOGNITIONS

    4. COMMENTSFROMTHEPUBLIC AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgenda

    maybeheardduringCommentsfromthePublicforaperiodofthree(3)minutesorsuchtimeasmaybedeemedappropriatebytheCouncilPresident.Anyonewishingtobeheardshallstatetheirname,addressandtheAgendaitemonwhichheorshewishestospeak.

    5. NEWBUSINESS

    A. ReportonOceanCityCenterfortheArtspresentedbyRinaThaler,ExecutiveDirectorand

    MarianBickerstaff,BoardPresident

    B. RequesttoApproveOceanCityDolphinSculpturePlazapresentedbyChrisTrimper,OCDCPublicArtCommitteeChairman

    C. PresentationofCrownCastleProposaltoInstallCellularNetworkinOceanCitypresentedby

    RebeccaHunter,GovernmentRelationsManager

    D. DiscussionofQualityAssuranceProgramEfficiencyImprovementspresentedbyDeputyChiefFireMarshal

    E. WaterandWastewaterRateStudypresentedbyFinanceAdministrator

    6. ADJOURN

  • WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 24, 2015

    2. Report on Closed Session February 24, 2015 10:00 a.m. - 1:00 p.m. Legal, Contractual and Collective Bargaining

    Matters

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

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

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

    compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or

    (ii) any other personnel matter that affects one or more specific individuals;

    2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business

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

    4. Consider a matter that concerns the proposal for a business or industrial organization to locate, expand or locate in the state; 5. Consider the investment of public funds; 6. Consider the marketing of public securities;

    X 7. Consult with counsel to obtain legal advice;

    8. Consult with staff, consultants or other individuals about pending or potential litigations;

    X 9. Conduct collective bargaining negotiations or consider matters that relate to the negotiations;

    10. Discuss public security if the public body determines that public discussion would constitute a risk to the public or public security, including; a) the deployment of fire and police services and staff; and b) the development and implementation of emergency plans 11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

    12. Conduct or discuss an investigative proceeding on actual or possible criminal conduct;

    13. Comply with a specific constitutional, statutory or judicially imposed

    requirement that prevents public disclosures about a particular proceeding or matter; or

    X

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

    DATE AND TIME: Tuesday, February 24, 2015 10:00 a.m. PLACE: City Hall SUBJECT: Legal, Contractual and Collective Bargaining Matters VOTE: UNANIMOUS OTHER: FOR: AGAINST:

    ABSTAIN: ABSENT:

  • REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

    Prior to this open session of the Mayor and City Council being held on Tuesday,

    February 24, 2015, a closed session was held on Tuesday, February 24, 2015 at

    10:00 a.m. The following is a report of the closed session.

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

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

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

    4. (a) Topics of Discussion: Legal, Contractual and Collective Bargaining Matters

    (b) Persons present:

    Mayor Richard Meehan Council President Lloyd Martin City Manager David Recor Council Members Doug Cymek; Dennis Dare; Wayne Hartman; Matt James;

    Tony DeLuca City Solicitor Guy Ayres Miles & Stockbridge Counsel Marc Sloane Police Captain Mike Colbert Human Resource Director Wayne Evans Finance Administrator Martha Bennett City Engineer Terry McGean Executive Office Associate Diana Chavis Action(s) taken:

    Motion to close meeting: End Time:

  • WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 24, 2015

    4. COMMENTS FROM THE PUBLIC

    Any person who may wish to speak on a matter scheduled for discussion on the Work

    Session Agenda may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.

  • WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 24, 2015

    5. NEW BUSINESS

    A. Report on Ocean City Center for the Arts presented by Rina Thaler, Executive Director and Marian Bickerstaff, Board President

  • TOWN OF

    The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: Ocean City Center for the Arts DATE: February 18, 2015 ISSUE(S): Report on Ocean City Center for the Arts SUMMARY: Rina Thaler, Executive Director, and Marian Bickerstaff, Board

    President, will present the 2013 Annual Report, which was distributed in October 2014, and share program and event highlights.

    FISCAL IMPACT: Not applicable RECOMMENDATION: Not applicable

    1st Class Resort & Tourist Destination

    ALTERNATIVES: Not applicable RESPONSIBLE STAFF: Not applicable COORDINATED WITH: Not applicable ATTACHMENT(S): 1) 2013 Annual Report

    2) Building Community through Art 3) PowerPoint

    Agenda Item # 5A

    Council Meeting February 24, 2015

  • MISSION

    To promote the visual arts in the Ocean City area through education, exhibits, scholarships, programs and community art events.

    VISION To be a vibrant, fiscally sound arts organization with community sponsorship, service

    and valued membership benefits, offered in a spacious and functional facility.

    The new Ocean Center for the Arts, located at 502 94th Street, Ocean City, Maryland

    is the home of the Art League of Ocean City, founded in 1963.

    PRESIDENTS MESSAGE:

    We happily celebrate our first full year of operating the new Ocean City Center for the Arts. The dreams

    of so many have been realized through the creation of the spacious new Center allowing for expanded

    programming for people of all ages.

    Affirmation of the ALOCs significant contribution to the community has come from elected officials,

    artists, residents and visitors alike. We are delighted in the attendance at our monthly exhibit receptions,

    our class registration, membership and corporate sponsor growth, and so many willing volunteers who

    support our staff. And, with our expanded programming, we have experienced a 44% increase in our net

    income from the prior year.

    Because sustaining our mission is critical, the Board of Directors sought professional help in preparing a

    strategic plan for the near future with a goal of good stewardship coupled with measured expansion of

    our programs. We are grateful for the public support and generosity of our donors and sponsors and the

    ability to be operating from a financially healthy positon. We will continue to work hard to meet your

    expectations. Yours in Service,

    Marian Bickerstaff, ALOC Board President

  • Making An Impact in the Community 2013 was a landmark year for the Art League of Ocean City as we opened the

    new Ocean City Center for the Arts during our 50th Anniversary year!

    (Data Collected from May-December, 2013)

    11,120 VISITORS

    873873 STUDENTSSTUDENTS

    752752 MEMBERSMEMBERS

    174174174 ART CAMP ART CAMP ART CAMP KIDSKIDSKIDS

    10,24110,241 WEBSITEWEBSITE

    VISITSVISITS

    6,4516,451 VOLUNTEERVOLUNTEER

    HOURSHOURS

    Grand opening CelebrationMarch 1, 2013

  • Thank You to all of our generous donors and corporate spon-

    sors who have supported the Art League of Ocean City in its

    mission to promote the visual arts in the Ocean City area. We

    are grateful for the support of each and every gift.

    2013 Annual Campaign Donors

    LEAVE A LASTING IMPRESSION!

    Are you looking for an opportunity to honor loved ones or immortalize your creative thoughts? Consider purchasing an Impression Paver in the Ocean City Center for the Arts front courtyard. The durable bricks are available in two sizes4x8 and 8x8 at a cost of $100 and $150 respectively. For more information about the pavers and ordering, visit our website at www.artleagueofoceancity.org .

    Junis Adkins Jeff and Jamie Albright Nancy Barrett Marian Bickerstaff Patricia Bielecki Castle in the Sand Ed & Emmy Challenger Roland and Sue Dennis Sandra Esham John & Betty Everson Carl Forsberg Nancy Fortney Gerilyn Gaskill Julie & Bill Gibbs Gudelsky Family Foundation Louise Gulyas Barbara & Ron Hager Anne Hanna Evelyn & Jack Hartman Phyllis Gillie Jaffe

    Drs. Phyllis & Leonard Jaffe Judy & Chris Kahl Thomas & Dorothy Kelso Fay Kempton Andrew Kennery Judy King Josephine Kingsley Jeanne Landau-Cohen Buck Mann Ursula McMahon Barbara Melone Kim & Jim Morgan Jeanne Mueller Wayne & Ginny Outten Outten & Golden* Barbara Patrick Clark Prichard Dave and Sally Rivello Russ and Anita Roberts Nicholas Ruggieri Barbara & Donald Schmid

    Herb and Judy Schoellkopf Emily & Paul Schwab Virgil and Jeanne Shockley Judy & Graham Slaughter Ann & Terry Terrell Rina and Jeff Thaler Jon and Judy Tremellen Janet Trimper Tyler & Company PA Margery Violetta Ropko Kim & Jim Wagner Joann & Ed Wehnert Joel and Patti Wiedermann Gee & Betsy Williams *Matching Corporate Gift

  • Corporate Benefactors Atlantic Planning Development & Design Clarion Resort Fontainebleau Hotel Donaway Furniture Frescos Restaurant Mackys Bayside Bar & Grill

    Corporate Patrons Community Foundation of the Eastern Shore Delmarva Power Glitter & Gold Tyler & Company, P.A.

    Corporate Sponsors Atlantic Dental Cosmetic & Family Dentistry Bayside Skillet Berlin Interventional Pain Management BJs on the Water Bonfire Restaurant Candy Kitchen Shoppes Charter Financial Group Fagers Island Ltd Harrison Group Kay Ayres Interior Design, Inc Kokkinos Creative Jewelers Mann Properties Maryland Coast Towing Ocean City Elks Lodge #2645 Old Pro Golf

    Corporate Friends Ayres, Jenkins, Gordy & Almand Bank of Ocean City Barbara Melone, Realtor Insurance Management Group Katy Durham & Rick Meehan, Realtors Ocean City Parrothead Club Pacos Paradise Inc

    In-Kind Donors Chesapeake Landscaping Clean Team

    BJ's on the Water Blu Crabhouse & Raw Bar Blue Ox Bar & Grille Bull on the Beach Catering by Macs Centerplate Catering Clarion Resort Coffee Beanery Desserts by Rita Fagers/ Hotel Atlantic Fresco's Restaurant Galaxy 66 The Globe The Green Turtle

    Planet Maze/Lasertron/Lost Galaxy Golf Princess Royale Ocean Front Hotel Robin Walter Day Spa Russell T. Hammond Surveying. LLC The Framing Corner Trattoria Lombardis Vanderbilt Weddings D3 Corp East Coast Property Mgmt

    Harpoon Hannas The Hobbit Hooked Lighthouse Sound Liquid Assets Macky's Mothers Cantina Phillips Pirates Den & Galley Pickles Pub Princess Royale Rosenfeld's Jewish Deli Seacrets Simmer Time

    Thank you to the generosity of the homeowners, volunteers and participants who continue to

    make this annual event our major fundraiser.

    Restaurant Reception Donors

  • Something Magical Happens Here

    ARTISTS PAINT 0C

    2013 SCHOLARSHIP WINNER,

    ISABELLE IAMPIERI

    BROWN BOX THEATRE NINA VARIATIONS

  • BOARD OF DIRECTORS

    PRESIDENTMarian Bickerstaff 1ST VICE PRESIDENTEmily Schwab

    2ND VICE PRESIDENTKaty Durham

    TREASURERKaren Turner

    CORRESPONDING SECRETARY

    Jamie Albright

    RECORDING SECRETARY

    Emmy Challenger

    Ann Terrell

    Barbara Melone

    Barbara Patrick

    Barbara Tyler

    Gayle Widdowson

    Judy Tremellen

    Karen Tomasello

    Kim Wagner

    Lisi Ruczynski

    Michelle Fager

    Nancy Fortney

    STAFF Rina Thaler, Executive Director

    Jacquie Warden, Katie Rosinski,

    Mallory Hanback & Nancy Barnas

    2013 STRATEGIC GOAL ACHIEVEMENTS

    Financial Stability Conducted a financial audit. Continued to maintain a sufficient Operating Reserve Fund. Created an annual fund appeal.

    Programming Surveyed members to determine interest and assess demand. Attracted a more diverse mix of artists working in all media . Increased number and variety of classes, lectures, outreach and events.

    Operations Hired an Executive Director and additional staff. Created comprehensive policies and procedures for operations and oversight. Upgraded bookkeeping and data management systems.

    Marketing Upgraded the website and began using social mediaFacebook, Twitter & Instagram. Use of radio and local TV media .

    2013 KEY INCOME & EXPENSES COMPONENTS

    OPERATING EXPENSE

    OPERATING INCOME

  • The Art League of Ocean City is a 501(c)3, organized in the state of Mary-land. A copy of our current financial statement is available upon request by contacting the Art League of Ocean City at P.O. Box 3503, Ocean City, MD 21843. (Phone 410.524.9433). Documents and information submitted to the State of Maryland under the Maryland Charitable Solicitations Act are available from the Office of the Secretary of State for the cost of copy-ing and postage.

  • Building Community Through Art The mission of the Art League of Ocean City is to promote the visual arts in the Ocean City area through education, exhibits, scholarships, programs and community art events. The vision of the ALOC is to be a vibrant, fiscally sound arts organization with community sponsorship, service and valued membership benefits, offered in a spacious and functional facility. The ALOC is the only non profit organization in Ocean City dedicated the enrichment of life through the visual arts. Its home, the 7500 sq ft Ocean City Center for the Arts is a destination for fine arts featuring 2 galleries, 5 artist studios, an art library, multiple classroom spaces and a pottery studio. Clients Served: 16,909 visitors in 2014 (30,000 since new building) 1,258 art instruction students 3,000 children including art camp and school trips 7,000 volunteer hours logged (6 FTE) Programs Include: Monthly Art Exhibits featuring regional and local artists Offsite exhibits at Conv Center & Chamber Youth Art Shows ( twice yearly) Empty Bowl Project with Diakonia Artist Paint O.C. A Plein Air Event Art with a Heart- Outreach programs Free Art Talk Series Art Scholarship Awards Summer Art Camp with OC Rec Dept Play it Safe- Tie Dye Teacher Professional Development Arts Alive- assist Town of Ocean City with event Creative Fundraising ACS, Humane Society

  • UPCOMING HIGHLIGHTS

    February 24, 6-8PM: "Travelwalk: Poems and Images

    March 21, 5-8PM: Empty Bowl Project Soup Dinner

    April 7, 6-7PM : Artists Rights and Copyright Law presentation

    May: Brown Box Theatre: "Boxer Shorts"

    June: " I Remember When I Paint " film and workshop

    August: Patrick Henrys exhibit Moments in Color, Texture, and Light

    September 17-18: Sand Castle Home Tour

  • WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 24, 2015

    5. NEW BUSINESS

    B. Request to Approve Ocean City Dolphin Sculpture Plaza presented by Chris Trimper, OCDC Public Art Committee Chairman

  • TOWN OF

    The White Marlin Capital of the World

    TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: Request to Approve Ocean City Dolphin Plaza DATE: February 17, 2015

    ISSUE(S): Request approval for the OC Dolphin Plaza SUMMARY: In 2014, the City Council approved Ocean City Development

    Corporations (OCDC) request to install a dolphin sculpture and base at the southwest corner of Route 90 and Coastal Highway, near the OC Tennis Center. In December 2014, the OCDC hired Harkins Construction to create a concrete base at the sculpture location. The dolphin sculpture, designed by David Turner of Turner Sculpture, is complete and ready for installation. The OCDC intends to install the sculpture on Tuesday, April 14, 2015, which is also International Dolphin Day. As part of this public art project, the OCDC is requesting approval from the City Council to install a plaza at this same site to complement the sculpture. The OCDC and its Public Art Committee are recommending that the plaza consist of brick pavers, a masonry wall, and landscaping. The masonry wall with brick face will be located on the west side of the dolphin sculpture and represent an attractive background. The wall will also contain donor plaques recognizing individuals and organizations who contribute significantly towards this public artwork project. There will be ground mounted lighting as well as lighting on the top of wall.

    FISCAL IMPACT: $30,000 through OCDC fundraising and OCDC Public Art Fund.

    All funds for this project will be raised through private contributions to the OCDC, which is classified as a charitable nonprofit organization. Contributions for this project are tax deductible. Initial fundraising began in 2014. Fundraising strategies will be expanded in 2015.

    RECOMMENDATION: Approve project as presented.

    Revitalized Ocean City: Development and Redevelopment

    ALTERNATIVES: No alternatives suggested. RESPONSIBLE PARTY: Chris Trimper, Chair, OCDC Public Art Committee

    Agenda Item # 5B

    Council Meeting February 24, 2015

  • COORDINATED WITH: Hal Adkins, Director of Public Works Susan Petito, Director of Recreation & Parks

    ATTACHMENT(S): Plaza design plan with dolphin sculpture

  • PROJECT TITLE

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    410.546.9100Salisbury, MD 21801

    312 West Main St. Suite 300

    Dover, DE 19904302.734.7950

    309 S Governors Ave

    910.341.7600

    Wilmington, NC3205 Randall Parkway, Suite 211

    Wilmington, NC 28403

    Dover, DE

    Salisbury, MD

    GNERA C

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    A101

    WES WES

    PLAZASCULPTURE DOLPHIN OCDC -

    OCEAN CITY, MDHIGHWAY62ND STREET & COASTAL

    CONCEPT PLANS

    AS NOTED

    2/3/15

    1' 4"

    WALL CAPCAST STONE

    8" CMU

    DUR-O-WALL @ 16" O.C.

    #4 @ 16" O.C.

    3 #4 CONT.

    CONCRETE FOOTING

    STACK BONDFACE BRICK TYPE 1

    STACK BONDFACE BRICK TYPE 1

    8" CMU

    16' 4"

    3' 0"

    3' 0" MIN.

    1' 6"

    4' 0"

    2' 0"

    1' 0"

    1"

    4"

    CONTRACTORTO BE COORD BY CONDUIT FOR LIGHTING

    "21RECESSED

    ACCENT BANDS

    RECESSED STACK BONDACCENT BANDFACE BRICK TYPE 2

    RECESSED STACK BONDACCENT BANDFACE BRICK TYPE 2

    BY CONTRACTORTO BE COORDINATEDMANUF AND MODELWALL TYPICAL.FIXTURE THREE PER FLOOD LIGHT

    BY CONTRACTORTO BE COORDINATEDMANUF AND MODELWALL TYPICAL.FIXTURE THREE PER FLOOD LIGHT

    FOR TYPESSEE ELEVATIONFACE BRICK

    TO INSTALLATIONOWNER PRIORSIZE & LOCATION WITH PLAQUE. COORDINATEDONOR RECOGNITION

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    TREES TO REMAINEXISTING MEMORIAL

    CURB TO REMAINEXISTING CONCRETE

    DESIGN :XXX OR EQUALLIGHTING - BASIS OF GROUND MOUNTED SITE

    DESIGN :XXX OR EQUALSITE LIGHTING - BASIS OF GROUND MOUNTED

    BASIS OF DESIGN :XXX OR EQUALON CAP OF MASONRY WALLSITE LIGHTING - MOUNTED

    SEE PLANTING LISTLANDSCAPE BED

    SEE PLANTING LISTLANDSCAPE BED

    SEE DETAILED VIEWSDONOR PLAQUES.WALL WITH INSETRADIUSED MASONRY

    EXISTING GRADES AS REQUIRED& PARKING LOT. COORDINATE WITHCONNECT TO EXISTING SIDEWALK STAMPED CONCRETE SIDEWALK

    TO REMAINPARKING LOTEXISITNG

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    SIDEWALKEXISTINGWALKWAY TO CONCRETESTAMPED

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    XXX OR EQUAL2/A101 BASIS OF DESIGN:SAND BED - SEE DETAILBRICK PAVERS OVER

    DETAIL PAVER/SLAB 32B1SCALE: 1/2" = 1'0"SCALE: 1 1/2" = 1'0"SCALE: 1" = 20'0"

    SITE PLAN

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    4 PLAZA PLAN

    MASONRY WALL DETAILS

    5SCALE: 1/8" = 1'0"

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    12/1/14ISSUED:

    NOT FOR PERMITSNOT FOR CONSTRUCTION

    FURTHER REVISIONSSUBJECT TO

    DESIGN CONCEPT ONLY

    OUTLINE SPECIFICATIONS & RENDERING

    DEMOLITION PLANSCALE: NTS

    REMOVE EXISTING CONCRETE CURB

    REMOVE EXISTING CONCRETE SIDEWALK

    EXISTING MEMORIAL TREE TO REMAIN

    REMOVE AND RELOCATE EXISTING SIGNAGE

    AS REQUIREDREPAIR AND EXTEND DECK RAILINGEXISTING STEPS TO BE REMOVED

    1D

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    OF NEW SIDEWALKREQUIREMENTS WITH INSTALLATION EXISTING SWALE COORD.DRAINAGE

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    STATUE INSTALLATIONFOR DETAILS RELATED TO SEE STRUCTURAL DRAWINGS

    BE REMOVED. SEE DEMO PLANSEXISTING SIDEWALK TO

  • WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 24, 2015

    5. NEW BUSINESS

    C. Consideration of Crown Castle Proposal to Install Cellular Network in Ocean City presented by Rebecca Hunter, Government Relations Manager

  • TOWN OF

    The White Marlin Capital of the World

    TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Terence J. McGean, PE, City Engineer RE: Crown Castle Right of Way Agreement DATE: February 18, 2015

    ISSUE(S): Consideration of Crown Castle proposal to install mini cell tower sites in Ocean City

    SUMMARY: The City has been approached by Crown Castle, Inc., a

    telecommunications company, with a proposal to install a Distributed Antenna System (DAS) cellular network in Ocean City. The DAS network would improve cellular bandwidth and signal strength. The majority of installations will be on DPL poles which are regulated by the Maryland Public Service Commission; however, Crown Castle has also requested to place some installation on the Boardwalk and other City owned structures.

    FISCAL IMPACT: A fee for rights to use City Right-of-Way would be negotiated. RECOMMENDATION: Schedule a public hearing on this topic and then determine which, if

    any, City facilities would be acceptable for use by Crown Castle.

    More Livable Community for Residents

    ALTERNATIVES: Reject Crown Castles request to use City facilities. RESPONSIBLE STAFF: Terence McGean, City Engineer COORDINATED WITH: Hal Adkins, Public Works Director

    Guy Ayres, City Solicitor ATTACHMENT(S): 1) Crown Castle presentation

    2) Crown Castle FAQ Document 3) Photo of typical DPL pole installation 4) Photo of typical decorative street light installation

    Agenda Item # 5C

    Council Meeting February 24, 2015

  • Town of Ocean City City Council Work Session

    02/24/15

    Crown Castle NG Atlantic

    DAS Presentation

  • | 1 Proprietary & Confidential | 1 Proprietary & Confidential

    Crown Castle - Company Background

    Crown Castle, through various subsidiaries, provides wireless carriers with the infrastructure they need to keep people connected and businesses running.

    Approximately 40,000 towers, 13,000 small cell nodes and 6,000 miles of fiber

    The nations largest provider of shared wireless infrastructure with a significant presence in the top 100 US markets with a total enterprise value of over $30 billion dollars.

    The Foundation for a Wireless World.

  • | 2 Proprietary & Confidential | 2 Proprietary & Confidential

    Crown Castle At-a-Glance

    In business for 20 years

    NYSE:CCI; Market capitalization of over $30 billion

    Fortune 1000 Company

    S&P 500 Company

    Total revenue of more than $3.0 billion

    Total enterprise value of more than $30 billion

    Our customers include the wireless communications companies Sprint, T-Mobile, AT&T, and Verizon Wireless who accounted for approximately 90% of Crown Castles 2013 revenue

    We have CLEC status licenses and other necessary legal and regulatory documents to operate small cell networks in 46 states and the District of Columbia

    Nationwide, we have over 450 existing agreements with jurisdictions and over 300 existing agreement with utility companies

    The Foundation For a Wireless World.

  • | 3 Proprietary & Confidential | 3 Proprietary & Confidential

    Crown Castle Is A True Ally For Your Community Collaboration:

    We involve you, the carriers, and nearby residents in every major decision, so you have a say in the solutions that are deployed.

    Local presence: We have people working in offices nearby who understand your community and know how to get things done quickly. National footprint: Our status as the nations largest shared wireless infrastructure provider means we have strong relationships with all the wireless carriers at the local, regional, and national levels, so we can maximize new revenue opportunities for your community. Public safety: You get space on each new tower we develop to use to expand your public safety network. Buying power: Where commercial value doesnt existfor example, when developing new infrastructure for a public safety networkwe can use the clout of our purchasing department to get you the best price possible. Flexibility: Our solutions utilize a mix of your undeveloped land, buildings, and existing public utility poles, traffic signal poles, streetlights, or other owned or controlled property. Single point of contact: No need for your staff to deal with the hassle of negotiating with each wireless carrier. We handle all that for you and are here for any questions or concerns you may have. Community outreach: We have a best-in-class community outreach team that will develop community-friendly solutions and proactively meet with residents to make sure their concerns are heard.

    The Foundation For a Wireless World.

  • | 4 Proprietary & Confidential | 4 Proprietary & Confidential

    New Revenue and Wireless Solutions We take a proactive approach to developing solutions that address both an entitys unique challenges and its wireless broadband infrastructure needs.

    RF Analysis, Planning and Design

    Zoning Ordinance

    Marketing of Existing Assets

    Industry Leading Market Tools

    Land and Rooftop Development

    Distributed Antenna Systems (DAS)

    Monetizing Revenue Streams

    The Foundation For a Wireless World.

  • | 5 Proprietary & Confidential | 5 Proprietary & Confidential

    What is DAS (Distributed Antenna System)?

    The Foundation For a Wireless World.

  • | 6 Proprietary & Confidential | 6 Proprietary & Confidential Title - populate in "Footer"

  • | 7 Proprietary & Confidential | 7 Proprietary & Confidential

    Examples of DAS Node

    The Foundation for a Wireless World.

  • | 8 Proprietary & Confidential | 8 Proprietary & Confidential

    Ocean City Photo Simulations

    The Foundation For a Wireless World.

  • | 9 Proprietary & Confidential | 9 Proprietary & Confidential

    Ocean City Node Locations - Overview

    The Foundation For a Wireless World.

  • | 10 Proprietary & Confidential | 10 Proprietary & Confidential

    Next Steps

    1. Execute Franchise or Right-of-Way Use Agreement between Town and Crown Castle

    2. Define Specific Permit Processing and Review Requirements for DAS

    3. Discuss Scheduling Requests and Requirements for DAS Deployment

    4. Evaluate Additional Services Crown Castle Can Provide the Town

    The Foundation For a Wireless World.

  • | 11 Proprietary & Confidential | 11 Proprietary & Confidential

    Thank You FOR FURTHER INFORMATION PLEASE CONTACT:

    Thank You FOR FURTHER INFORMATION PLEASE CONTACT:

    Rebecca Hunter (425) 591-9356 [email protected]

  • MD GUIDE July, 2014 Version No. 1.0

    A Local Officials Guide:

    RESPONDING TO A TELECOMMUNICATIONS APPLICATION

    FROM CROWN CASTLE NG ATLANTIC LLC (Crown Castle)

    Maryland

    Crown Castle has submitted to you an application under the federal Communications Act for access to the public

    rights of way to construct facilities necessary to provide telecommunications services. In order to assist you in

    analyzing and responding to Crown Castles application, Crown Castle sets forth below answers to common

    questions raised by local officials upon receipt of such an application.

    Q. Who is Crown Castle?

    A. Crown Castle is a next-generation communications company that provides managed RF transport

    and backhaul services to wireless communications service providers, including mobile network operators and

    public wLAN service providers. Crown Castles innovative and cost-effective RF-over-Fiber (RFoF) transport

    solution enables wireless service providers to expand their coverage and/or capacity throughout metropolitan

    regions and in dense urban and isolated suburban areas. Crown Castle is a nationwide company that operates

    regional subsidiaries throughout the United States. More information is available at www.crowncastle.com

    Q. What kind of service does Crown Castle provide?

    A. Crown Castle provides Telecommunications Services. Specifically, it carries voice and data traffic

    handed off to it by wireless providers (such as cellular and PCS). It carries that traffic via its fiber optic lines from

    antennas located on utility and/or street light poles to a central switching-like location, and from there, either

    back to another antenna or out to the public switched telephone network or Internet.

    Q. What is Crown Castle asking of the Municipality?

    A. Crown Castle is applying for the right to construct, operate, manage, and maintain a

    telecommunications network in the public ways of the municipality in compliance with the municipalitys

    ordinances and permitting requirements in order to serve its wireless customers and to improve wireless coverage

  • MD GUIDE July, 2014 Version No. 1.0

    and capacity in the Municipality. To that end Crown Castle has submitted a proposed form of right of way use

    agreement (RUA) that asks for the following:

    the right to enter into the public way to provide telecommunications services;

    the right to utilize Municipally-owned streetlight poles and traffic signal poles for an agreed annual fee for

    the collocation of Crown Castles facilities;

    the right to utilize third-party-owned property (utility poles) in the public way for deployment of Crown

    Castles network;

    the right to utilize any available Municipally-owned fiber for an agreed annual fee for the collocation of

    Crown Castles facilities; and

    the right to utilize any available Municipally-owned conduit for an agreed annual fee for the collocation of

    Crown Castles facilities;

    Q. How long do I have to respond to Crown Castles application?

    A. Under federal law, local authorities must act on Crown Castles application, in writing,

    expeditiously. Unreasonable delay or a failure to act expeditiously has been held to constitute an unlawful barrier

    to entry under federal law.

    Q. What information can I require from Crown Castle?

    A. Local authorities may only request information directly related to Crown Castles physical

    construction in and occupation of the public rights of way. Local authorities are prohibited from inquiring into

    the legal, technical, or financial qualifications of Crown Castle or other matters unnecessary for the local

    authoritys ability to oversee Crown Castles construction and manage the public rights of way.

    Q. Am I permitted to impose restrictions on Crown Castles use of the public rights of

    way?

    A. Local authorities are permitted only to manage Crown Castles construction and physical

    occupation of the public rights of way. This has been held to include matters such as requiring insurance or bonds

    and imposing standard construction permitting and safety regulations. This authority has also been described as

    extending to the time and manner of construction.

  • MD GUIDE July, 2014 Version No. 1.0

    Q. Can the Municipality regulate Crown Castles activities as a telecommunications

    provider in the public rights-of-way?

    A. No. Section 253 of the Communications Act and Maryland law prohibit local authorities from

    regulating the provision of telecommunications services.

    Q. Am I required to treat Crown Castle in the same way as the Municipality treats the

    incumbent local telephone company?

    A. Yes. Local authorities must treat competitive providers, like Crown Castle, in a competitively

    neutral and non-discriminatory manner. As a result, local authorities cannot impose on Crown Castle

    requirements or fees that are not imposed on the incumbent Bell Company, Verizon.

    Q. Who will own the equipment utilized in Crown Castles network and what impact

    does that have on Crown Castles rights?

    A. Crown Castle will own the fiber by means of which it provides RF Transport Services in all cases.

    The optical repeaters and antennae may be owned by either Crown Castle or its carrier customers; however, in all

    cases the optical repeaters and antennae will incorporated into the Crown Castle network, even if title remains

    with the customer. Under Maryland law, a telephone company is defined and interpreted expansively to include

    operators who both own and lease property to provide telecommunications service. Because under its tariff and

    agreements, Crown Castle will use and operate property and incorporate such property into its network, including

    the optical repeaters and antennae, those facilities are part of Crown Castles network and accorded the same

    rights as the rest of Crown Castles network facilities.

    This is a new model that Crown Castle is pioneering and with which the Municipality may not be familiar. Thus,

    although title to certain equipment may remain with Crown Castles customer in a particular installation, that

    equipment will nonetheless constitute a part of Crown Castles network and may also remain part of the

    customers larger wireless network in an overlapping circles architecture. In all cases, permit applications will

    be submitted either solely by Crown Castle or jointly with its customer, and Crown Castle will be responsible to

    the Municipality under the applicable permit in all cases.

  • MD GUIDE July, 2014 Version No. 1.0

    Q. What are the consequences if the Municipality fails to respond to Crown Castles

    application or restricts its right to provide its services?

    A. Local authorities are required to act on Crown Castles request within a reasonable time. The FCC

    has determined that a presumptively reasonable time for applications to attach to an existing facility is 90 days

    and for applications to install a new facility is 150 days.

    Q. Has Crown Castle been certified by the State to provide telecommunications

    services?

    A. Yes. Crown Castle has received a Certificate of Public Convenience and Necessity from the

    Maryland Public Service Commission.

    Q. Is Crown Castle a wireless provider?

    A. No. Crown Castle is not licensed to provide wireless services and does not control any wireless

    spectrum. Crown Castle is a carriers carrier whose customers are wireless providers.

    Q. What facilities does Crown Castle need to install to provide service in our

    community?

    A. Crown Castle provides its service with a combination of fiber optic lines connected to small

    wireless antennas, optical repeaters, and associated equipment. Thus, it must generally install a certain amount

    of fiber optic cable, either underground or on existing utility poles. In addition, it must install small wireless

    antennas and associated equipment on utility poles and/or streetlight poles, typically located in the public rights

    of way. When possible and appropriate, Crown Castle may lease capacity on existing fiber optic facilities owned

    by the Municipality or other providers, thus diminishing the physical impact of Crown Castles installation.

    Q. Will Crown Castle use existing utility poles?

    A. Crown Castle will generally seek to collocate its facilities on existing utility or streetlight poles,

    typically located in the public rights of way. To the extent that it will be using privately owned utility poles, Crown

    Castle has entered into (or is in the process of entering into) any necessary pole attachment agreement. The

    federal Pole Attachment Act governs the rates, terms, and conditions that private utility pole owners may impose

    on Crown Castles access to such poles.

  • MD GUIDE July, 2014 Version No. 1.0

    Q. Will Crown Castle need to install any new poles of its own?

    A. Generally, no; however, if there is no available infrastructure, or if the Municipality does not wish

    to allow Crown Castle to attach to its streetlight or traffic poles, Crown Castle may need to install its own utility

    poles. In such cases, Crown Castle will comply with all lawful local regulations governing such installations.

    Q. What are the benefits from Crown Castles entry into our community?

    A. First, Crown Castles service allows the wireless carriers to expand the coverage and capacity of

    wireless services, with less intrusive facilities. Traditional wireless technologies have suffered from dead spots

    and bandwidth capacity limitations. Crown Castles combination of fiber optics and lower antennas helps wireless

    providers eliminate dead spots and increase bandwidth needed for emerging and future services.

    Second, Crown Castle introduces competition that will help provide more service choices and more competitive

    prices for consumers.

    Q. What are Crown Castles rights under Federal law?

    A. Section 253 of the Communications Act grants Crown Castle the right to provide

    telecommunications services and prohibits municipalities from imposing requirements that prevent Crown Castle

    from providing telecommunications services or that have the effect of prohibiting Crown Castle from providing

    telecommunications services. Court decisions applying Section 253 have held that any municipal requirement

    that materially inhibits Crown Castles ability to compete is preempted. This includes imposing on Crown Castle

    requirements such as fees or franchises that are not imposed on the incumbent telephone company. Ultimately,

    municipalities may not exercise discretion over whether Crown Castle can access the public rights of way and

    provide service.

    Section 253 reserves for municipalities only the authority to manage Crown Castles physical

    occupation of the public rights of way (i.e., construction permitting and safety issues). Crown Castle complies

    with all applicable and lawful local permitting requirements concerning construction in the public rights of way.

    Q. Are harmful radio frequency emissions an issue with the equipment related to

    Crown Castles service?

    A. No. The wireless antennas associated with Crown Castles service produce RF radiation at levels

    well below the FCCs permitted maximums for general-population, uncontrolled exposures, which are themselves

  • MD GUIDE July, 2014 Version No. 1.0

    conservatively low. Indeed, the facilities associated with Crown Castles services are categorically excluded from

    the FCCs requirement for routine environmental compliance testing for RF exposure.

  • LARSON D.A.S. LIGHT POLESDESIGN DRAWINGS

    C.L. Upper Antenna27-0

    T.O. Base Cabinet3-8

    T.O. FRP Pole24-6

    T.O. Structure30-0

    LARSON CABINET HOUSES SUP-PORT EQUIPMENT FOR D.A.S. STRUCTURE. ALL EQUIPMENT CAN BE INSTALLED AND MAINTAINED BY A SINGLE INDIVIDUAL THROUGH LOCKABLE PANEL DOORS.

    All imagery and text within this document is proprietary of Larson Camouage LLC. The concepts herein have been developed exclusively by Larson Camouage LLC., any reproduction or unauthorized use of the concepts and information is prohibited.

  • WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 24, 2015

    5. NEW BUSINESS

    D. Discussion of Quality Assurance Program Efficiency Improvements presented by Deputy Chief Fire Marshal

  • TOWN OF

    The White Marlin Capital of the World

    TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Fire Marshal David Hartley RE: Quality Assurance Program (QAP) Recommended Efficiency Improvements DATE: February 2, 2015

    ISSUE(S): Outsourcing QAP data management, correspondence and billing SUMMARY: In 2001, the QAP was adopted by ordinance with approximately

    1,700 fire protection systems with an associated fee of $25 per system. In 2005, by Resolution, the fee was increased to $30 per system to cover the cost of the program. Today there are approximately 2,500 systems managed in the QAP. QAP data management, correspondence and billing are currently done in-house. Outsourcing these procedures to a third party web-based system will allow employee work hours to focus on field operation, the timely enforcement of fire protection systems deficiencies and non-testing, will ensure that property owners receive quality service by verifying code compliance of third party inspections, and encourage a goal of increasing the number of systems tested and billed annually.

    FISCAL IMPACT: Based on the current inspection fee of $30, estimated cost of

    outsourcing data management, correspondence and billing to a third party web-based system is +/- $10 per system or $22,000. Projected FY16 revenue for the QAP is $66,000.

    RECOMMENDATION: Send out a Request for Proposal (RFP) for outsourcing portions of

    the QAP for a third party web-based system, and draft amendments to ordinance that allow the changes.

    Excellent Service through a High Performing Town Organization

    ALTERNATIVES: No staff recommended alternatives. RESPONSIBLE STAFF: Fire Marshal David Hartley

    Deputy Fire Marshal Ryan Whittington COORDINATED WITH: Budget Manager Jennie Knapp

    Finance Administrator Martha Bennett ATTACHMENT(S): 1) Current QAP Code Chapter 34 Article V

    2) Estimated Budget Impact Examples

    Agenda Item # 5D

    Council Meeting February 24, 2015

  • Ocean City Fire Marshals Office Estimated

    Quality Assurance Program

    Budget Impact Examples

    Using estimated FY 16 budget revenue numbers for the QAP as an example:

    Budgeted $66,000 in revenue for the QAP, which would be 2200 systems tested and reviewed

    at $30 a system

    2200 (systems) x $30 = $66,000

    With 2200 systems reviewed at a fee of $35 or $40

    2200 (systems) x $35 = $77,000

    An increase of $11,000

    2200 (systems) x $40 = $88,000

    An increase of $22,000

    Estimated Fee for outsourcing is $10 per system

    2200 (systems) x $10 = $22,000

    Projected revenue less fee

    @ $30/system; $66,000 - $22,000 = $44,000 actual revenue

    @ $35/system; $77,000 - $22,000 = $55,000 actual revenue

    @ $40/system; $88,000 - $22,000 = $66,000 actual revenue

    With improved data management and a refocus of employee hours on non-tested and

    delinquent systems, we estimate increasing the number of system tested and billed annual by

    10%, which is 220 systems or;

    @$30 - $10/system x 220 = +$4,400

    @$35 - $10/system x 220 = +$5,500

    @$40 - $10/system x 220 = +$6,600

  • Page 1

    ARTICLE V. - QUALITY ASSURANCES PROGRAM

    Sec. 34-121. - Purpose; intent.

    (a) The purpose of this article is to assure that the fire protection system provided in the Town of Ocean City will function as intended in the event of an emergency; also to assist the owners of the fire protection systems in receiving proper service from the contractor/company who install, test, and inspect and/or perform maintenance for the fire protection systems.

    (b) The intent of this article is to provide the Office of the Fire Marshal with the resources and a mechanism to respond to complaints and inquires regarding the fire protection systems, also follow-up on inspections reports that show deficiencies within the systems and to verify that the systems have been corrected and in operational condition in the Town of Ocean City.

    (Ord. No. 2001-7, 4-2-2001)

    Sec. 34-122. - Definitions.

    (a) Fire protection systems. Any fire alarm device or systems or fire extinguishing device or systems, smoke control/smoke management device or systems, or their combination, which is designed and installed for detecting, controlling, or extinguishing a fire, or otherwise alerting occupants or the Fire Department, that a fire has occurred.

    (Ord. No. 2001-7, 4-2-2001)

    Sec. 34-123. - Periodic inspections, testing, and maintenance.

    (a) Periodic inspections, testing, and maintenance of fire alarm signaling, fire suppression, and any other fire protection systems, devices, and equipment shall be conducted in accordance with the appropriate National Fire Protection Association's Code and Standards, as adopted and/or modified by this Code. The required inspection, testing, and maintenance service shall be conducted by a sprinkler company licensed by the State Fire Marshal Office, for all other systems a competent company or by an approved owners representative at the intervals established by the National Fire Protection Association's Code and Standards, as adopted and/or modified by this Code.

    (b) Before testing any fire protection system which is connected to a central station or connected directly to the fire communication center, notification shall be given to the central station or fire communications before initiation of the tests.

    (c) It shall be the responsibility of the owner of the protected property to see that the required periodic inspection, testing, and maintenance of the system are conducted, as well as having the system serviced whenever an unexplained activation of the system occurs or if the system is found to be inoperative.

    (Ord. No. 2001-7, 4-2-2001)

    Sec. 34-124. - Inspection, testing, and maintenance services.

    Inspecting, testing, and maintenance is required for all fire protection systems, devices, and equipment installed within the Town of Ocean City. The inspection, testing, and maintenance service shall be conducted by a sprinkler company licensed by the State Fire Marshal Office and for all other systems by a competent company or by an approved owners representative at the intervals established by the applicable National Fire Protection Association's Code and Standards, as adopted and/or modified by this Code. Upon completion of the inspection, testing, and maintenance service, an approved certificate of inspection from the fire protection company, which includes all the inspection, testing and maintenance criteria set forth in the applicable NFPA code and Standards, shall be submitted to the Ocean City Fire Marshal Office.

  • Page 2

    (Ord. No. 2001-7, 4-2-2001)

    Sec. 34-125. - Certificate of inspection.

    (a) A certificate of inspection from the appropriate National Fire Protection Code is required to be forwarded to the Office of the Fire Marshal for the Town of Ocean City after each inspection/test is conducted on all fire protection systems that are required to be inspected, tested, and/or maintained by this article. The certificate of inspection must be submitted to the Office of the Fire Marshal within 30 days of the completion of the required inspection, testing and maintenance by a sprinkler company licensed by the State Fire Marshal Office and for all other systems by a competent company or by an approved owners representative. A certificate of inspection shall be completed after each periodic inspection, testing, or maintenance and shall be maintained on site as part of the permanent systems record.

    (1) The fire protection company shall, within 30 calendar days of performing the inspection, test or maintenance, submit to the Office of the Fire Marshal a completed inspection form.

    (2) If the certification of inspection form for the fire protection system(s) has not been submitted within 30 days, the fire protection system(s) shall be classified as not being in compliance.

    (Ord. No. 2001-7, 4-2-2001)

    Sec. 34-126. - Submission of fees for certification for fire protection systems.

    (a) At the completion of the required inspection, testing, or maintenance for each fire protection system, the owner or an approved owners representative shall submit the appropriate fees as referred to in section 34-128

    (1) All fees required to be submitted under section 34-128 shall be submitted to the office of the Fire Marshal within 60 calendar days of the date of the inspection, testing, or maintenance.

    (2) If the owner or owners representative has failed to submit the required fee(s) within 60 days, they shall be found in violation of this Code.

    (Ord. No. 2001-7, 4-2-2001)

    Sec. 34-127. - Code guidelines for inspection, testing, and maintenance.

    Systems Appropriate Code

    (a) Fire Alarm Systems NFPA 72 "National Fire Alarm Code"

    (b) Sprinkler System(s)

    (c) Fire Pumps

    (d) Standpipe Systems NFPA 25 "Standard for the Inspection, Testing, and Maintenance of

    Water-Based Fire Protection Systems"

    (e) Fire Suppression For

    Kitchen Hoods

    NFPA 96 "Standard for Ventilation Control and Fire Protection of

    Commercial Cooking Operations"

    (f) Generators NFPA 110 "Standard for Emergency and Standby Power Systems"

  • Page 3

    (g) Smoke Control Systems NFPA 92A "Recommended Practice for Smoke-Control Systems"

    (h) Smoke Management

    Systems

    NFPA 92B "Guide for Smoke Management Systems in Malls, Atria, and

    Large Areas"

    (Ord. No. 2001-7, 4-2-2001)

    Sec. 34-128. - Certificate of inspection for fire protection systems fees.

    The Mayor and City Council of Ocean City shall, by resolution, adopt a fee schedule for the review of certificates of inspections submitted under the terms of this article.

    (Ord. No. 2001-7, 4-2-2001)

    Secs. 34-12934-200. - Reserved.

  • WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, FEBRUARY 24, 2015

    5. NEW BUSINESS

    E. Water and Wastewater Rate Study presented by Finance Administrator

  • TOWN OF

    The White Marlin Capital of the World

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

    THRU: David L. Recor, ICMA-CM, City Manager

    FROM: Martha Bennett, Finance Administration

    RE: Water and Wastewater Comprehensive Rate Study

    DATE: February 10, 2015

    ISSUE(S): Water and Wastewater Rate Study for 2016-2020

    SUMMARY: This report presents the background, conclusions and

    recommendations of the water and wastewater cost of service

    study. The study is predicated on the use of a cash flow analysis

    to support the pricing of utility services using a planning period

    of 5 years (Fiscal Years 2016 - 2020).

    FISCAL IMPACT: Water Fund revenue can be reduced 13.7% in 2016 and 4.6% by

    2020 due to less capital costs and debt. Wastewater revenue

    projected increases are 4.4% in 2016 and 15.4% by 2020 to

    fund needed capital projects, debt and operating costs.

    RECOMMENDATION: Hold a public hearing for proposed rate changes.

    Financially Sound Town Government

    ALTERNATIVES: Leave at current rates and do not go forward with needed

    maintenance and capital projects for water and wastewater

    infrastructure improvements.

    RESPONSIBLE STAFF: Martha Bennett, Finance Administrator

    Jim Parsons, Public Works Chief Deputy Director

    COORDINATED WITH: Charlie Felin, Wastewater Superintendent

    Bud Iman, Water Superintendent

    ATTACHMENT(S): Comprehensive Water and Wastewater Rate Study Executive

    Summary. http://oceancitymd.gov/oc/departments/finance/

    Proposed Rates: Current 2016 2017 2018 2019 2020

    Water Fixture $ 2.60 $ 1.60 $ 1.60 $ 1.60 $ 1.60 $ 1.60

    Wastewater Fixture 8.45 8.80 8.95 9.85 9.45 9.60

    Fixture Rate - Combined 11.05 10.40 10.55 10.95 11.05 11.20

    Water Usage per 1000 gallons $ 3.40 $ 3.70 $ 3.90 $ 4.00 $ 4.00 $ 4.20

    Average Bill:

    11 Fixtures & 6,000 gallons/month $ 182.75 $ 181.00 $ 186.25 $ 191.35 $ 193.55 $ 198.80

    Percentage change in total bill (0.96%) 2.90% 2.74% 1.15% 2.71%

    Agenda Item # 5E

    Council Meeting February 24, 2015

  • WATER & WASTEWATER RATE STUDY SUMMARY

    A. Executive Summary

    This report presents the background, conclusions and recommendations of a water and

    wastewater cost of service study. The study was completed by updating the cost of service

    financial model previously developed by Municipal Financial Services Group in 2005 and

    updated in 2009. The study is predicated on the use of a cash flow analysis to support the pricing

    of utility services using a planning period of 5 years (Fiscal Years 2016 - 2020).

    1. Background

    The water and wastewater financial model was updated/reviewed using the following

    data/documents:

    Actual revenue and expenses for Fiscal Years 2013 & 2014.

    The FY 2015 and proposed FY 2016 operating budgets for Water and Wastewater.

    The current capital improvement plan, reviewed by Whitman Requardt & Associates

    (WR&A).

    The current number of fixture counts and the amount of water sold over the past four

    fiscal years.

    The current cash balances within the Water and Wastewater Fund.

    In addition to updating the model with the items listed above, the model took into account the

    use of impact fees to fund growth-related capital costs. This was accomplished by examining

    each individual capital improvement project to identify if the project or a portion of the

    project is attributable to growth. As a result of this analysis, the Towns water and wastewater user rates exclude growth related capital costs. All of the assumptions used in the

    model (i.e. growth in fixtures, inflation of the expenses, etc.) were also reviewed to ensure

    that they are still valid based upon review of historical data.

    The following conclusions and recommendations were developed during the course of the

    review/update of the financial model.

    2. Operating and Maintenance (O&M) Costs

    The water system has an estimated operating budget for FY 2015 of approximately $5.0

    million; the wastewater department has an estimated operating budget for FY 2015 of

    approximately $8.4 million for the same period. For purposes of this study it was assumed

    that operating costs based on FY 2015 budget would increase at a rate of 1-2% annually.

  • 3. Capital Costs

    The water and wastewater systems both have adequate capacity to meet the Town of Ocean

    Citys current and projected demands for these services. At this time no major additions or expansions of either the water of wastewater utilities are anticipated. Engineering consultants

    from Whitman & Requardt reviewed the Capital Improvement Plans (CIP) for both the

    water and wastewater departments and provided recommendations as to the timing and

    costing of some items in the CIPs and proposed other items for inclusion in the five year

    plans. No major changes to the water or wastewater CIPs were recommended.

    The total estimated expenditures in the water system CIP for FY 2016 FY2020 are approximately $14.2 million; the wastewater system CIP for FY 2016-2020 estimates capital

    expenditures of about $28.2 million.

    4. Revenue Requirements

    The total revenues required in FY 2016 for the water system (including operating costs, debt

    service, capital costs, and reserves) are approximately $6.2 million. The wastewater

    requirement for the same period totals approximately $13.6 million.

    5. Other Income

    The amount of other income from miscellaneous fees and charges other than rates is minimal

    for both the water and wastewater departments. The total other income for the water system

    in FY 2016 is $247,000 and the wastewater system estimates other income of approximately

    $312,586. It was also assumed that some of the existing reserves in the wastewater system

    would be drawn down to allow the Town to gradually increase wastewater rates instead of a

    large rate increase immediately.

    In addition, the wastewater system receives payment for providing collection and treatment

    services to West Ocean City, which has a capacity of 1.0 million gallons per day reserved for

    it. The agreement with Worcester County requires that West Ocean City pay 7.14% of capital

    costs and operating costs based in their percentage of flows. In 2014, 10.5% of flows were

    from West Ocean City.

    6. Net Reserve Requirement

    The net revenue requirement is simply the total revenue requirement minus any other income

    from sources other than user charges. The net revenue needed from rates for the water

    department in FY 2016 is approximately $151,402; the net revenue requirement of the

    wastewater system for the same period is about $533,763.

    7. Identification and Evaluation of Alternative Rate Designs

    In the prior rate study, several alternative rates designs (e.g., declining block rates, unit cost

    rates, etc.) were examined and compared them with the rate structures and the factors unique

    to the Town of Ocean City (large swing in peak demands, types of customers, etc.).

  • For the water system, the commodity charge applies to all water consumption. This will

    avoid penalizing low volume users while billing all water customers for their share of the

    fixed capital costs.

    Commercial fixtures are counted on an equivalent fixture basis. All customers of the

    wastewater system are billed the same rate per equivalent fixture.

    8. Conclusions and Recommendations

    Based on our review of the data, the following conclusions are based on the rate model:

    The Towns system provides all of the necessary cost information for the water and wastewater systems to allow for a straightforward allocation of costs and calculation

    of rates.

    The Towns budgeting and accounting processes identify all of the costs associated with providing water and wastewater services, including reasonable allocations of

    Town overhead costs such as information technology, finance, and accounting.

    The current cost allocation method used to determine the wastewater charges for

    West Ocean City recovers the fixed capital costs associated with reserving 1.0 MGD

    of capacity and providing for the collection and treatment of wastewater from West

    Ocean City.

    Both the water and wastewater systems have an operating reserve of 2% of the total

    operating revenue requirement for their respective systems to provide for unusual of

    unexpected operating costs and provide some flexibility in smoothing or leveling out potential rate increase over time.

    Both the water and wastewater systems have a repair, replacement and rehabilitation

    (3R) reserve to provide funds for large cost items or projects of this nature without corresponding large or sudden increases in rates.

    The water systems flat rate fixture charge of $2.60 per fixture should be reduced to $1.60 per fixture (based on an average of 11 fixtures per account, the average

    quarterly charge would be $17.60).

    The water system should increase the commodity charge from $3.40 per 1,000

    gallons to $ 3.70 for all metered water consumption each quarter (for an average

    water customer using 18,000 gallons a quarter, this would amount to about $ 66.60).

    The wastewater systems quarterly flat rate fixture charge of $8.45 should be increased $8.80 per fixture (based on an average of 11 fixtures per account, the

    average quarterly charge would be $96.80).

    Vacant lots should be charged a service availability fee of $56.10 on a quarterly basis.

    The fee is a flat rate based on the capital related portion of the bill for an equivalent

    dwelling unit (or 11 fixtures). This fee should be charged for both the water and

    wastewater system (currently the front foot assessment only covers the wastewater

  • system). The water system portion of the charge is $1.60 ($1.60 x 11 fixtures). The

    wastewater system portion of the charge is $38.50 ($3.50 x 11 fixtures).

    In addition to the rate changes recommended above, the Town Council should

    consider adopting the scheduled rates increases over the next five years for both the

    water and wastewater departments. These increases are especially critical to the

    wastewater system, where reserves are being drawn down to in 2017 for debt service

    and will allow for a gradual increase to a level where rates are self-sufficient. In

    addition, gradually increasing rates in small increments to cover rising costs will

    hopefully avoid larger, more drastic rate increases in the future. The proposed rate

    schedule for the period covering fiscal years 2016 2020 is presented below:

    Proposed Rates: Current 2016 2017 2018 2019 2020

    Water Fixture $ 2.60 $ 1.60 $ 1.60 $ 1.60 $ 1.60 $ 1.60

    Wastewater Fixture 8.45 8.80 8.95 9.85 9.45 9.60

    Fixture Rate - Combined 11.05 10.40 10.55 10.95 11.05 11.20

    Water Usage per 1000 gallons $ 3.40 $ 3.70 $ 3.90 $ 4.00 $ 4.00 $ 4.20

    9. Comparisons

    In order to compare the proposed water and sewer rates with similar communities the

    following table was developed. It demonstrates the quarterly water and wastewater bill for

    an average residential customer (someone using 6,000 gallons per month with 11 fixtures).

    More detail is shown in Schedule 14 of Water and Sewer Rate Model.

    Municipality Note Water Sewer Totals

    Ocean City, MD (current rates) (2) $ 89.80 $ 92.95 $182.75

    Ocean City, MD Proposed (2) 84.20 96.80 181.00

    Annapolis, MD (2) 100.48 98.53 199.01

    Berlin, MD (2) 56.10 175.35 231.45

    Newark, MD (2) 148.50 175.50 324.00

    Ocean Pines, MD (2), (3) 110.50 120.50 231.00

    Salisbury, MD (2) 53.82 133.38 187.20

    Virginia Beach, VA (2) 103.11 92.43 195.54

    West Ocean City N/A 121.50

    NOTES: (1) - Based on Domestic Fixture Count of 11, and Metered Water Consumption of 6,000 Gal. per Month

    (2) - Based on Average Metered Water Consumption of 6,000 Gal. per Month for a 3 Mo. /90 Day Period

    (3) - Also includes EDU (Equivalent Dwelling Unit) of $54.00 per quarter

  • B. General Information

    The Town of Ocean City provides potable water to a small year-round population of 7,800,

    which swells to a summer weekend population of almost 300,000. This drastic shift in

    population is evidenced by significant seasonal fluctuations in demand for water, which

    varies from an average consumption of 5.9 MGD to a summer peak of almost three times that

    quantity. Early in 1994, the Town also took control and ownership of the wastewater

    treatment plant and wastewater collection system serving the Town; previously, the

    wastewater system had been owned by Worcester County, and the Worcester County

    Sanitary Commission. The wastewater system also has fluctuating seasonal demand, ranging

    from less than 3 MGD of flow in the winter to more than 13 MGD on a max day in the

    summer.

    A summary of this usage data is provided as Schedule 3 of the Water and Wastewater Rate

    Model in the appendix of this report, listing consumption data for the past five years in

    thousands of gallons.

    C. Operating and Maintenance Costs

    The operating and maintenance costs for the water and wastewater utilities were developed

    from the Town of Ocean Citys current budgets for fiscal year FY 2015 and proposed budget for FY2016. These costs were then adjusted annually by an inflation factor of 1-2% to

    estimate the budgeted costs for FY 2017 and beyond. The budgets are quite detailed and

    comprehensive; in addition to basic costs such as salaries and benefits, supplies, heat and

    light, routine maintenance, etc., detailed data is also provided for costs such as

    interdepartmental costs such as information technology, accounting and finance, insurance

    and capital items that may not be large enough to include in the Towns CIP such as minor equipment and repairs.

    1. Water System O & M Costs

    Operating and maintenance (O&M) costs for the water system are categorized into five

    groups administration expenses, distribution costs, costs attributable to operation of the water plants, meter installation costs, and meter repair costs. The total estimated

    administration budget for FY 2016 is nearly $979,948. The largest cost within this category

    is for the operating transfer of interdepartmental costs of approximately $ 545,537 which

    represents the reimbursement by the utility for support services provided by the Town (e.g.,

    human resources, finance, and accounting). The water distribution cost component is

    budgeted at nearly $ 1,289,469, with salaries and benefits making up over half of the budget

    total.

    The costs budgeted for the operation and maintenance of the Towns water plants make up almost half of the total water system O&M budget. The three largest costs components

    relating to the water plants are salaries, energy, and supplies. These three items total

    approximately $1,674,380 out of a total budget of over $ 2,179,791 for plant O&M. The

    meter installation budget of $137,522 is primarily made up of $ 75,000 for parts and salaries

    of $43,793. The major costs elements in the meter repair budget of $ 293,241 are salaries and

    benefits which constitute over half of the estimated costs in this category.

  • A detailed breakdown of the total estimated O&M costs of $4.8 million for the water

    department is shown in Schedule 4 of Water and Sewer Rate Model, which is presented in

    the Appendix to this report.

    2. Wastewater System O&M Costs

    The budgeted O&M costs for the wastewater system were developed within four groups administration expenses, collection system costs, wastewater treatment plant costs, and the

    expenses associated with laboratory services. The total administration costs of approximately

    $1,455,845 has three major components the operating transfer for interdepartmental expenses of $762,126 (as discussed above, this represents the reimbursement by the utility

    for support services provided by the Town such as human resources, finance, and

    accounting); salaries of nearly $449,702; and insurance expense of $95,094. Within the

    collection system, over half of the budget of approximately $1,172,526 consists of salaries

    and fringe benefits.

    The operating and maintenance expenses associated with the wastewater treatment plant are

    the largest expense group within the wastewater system, with a total budget of nearly $5.4

    million. The largest cost components of this group are salaries and benefits which are more

    than one third of the budget, energy expenses of $ 463,500, and supplies of more than $

    638,000. The laboratory services budget of $331,972 primarily consists of salaries of

    approximately $282,123 and supplies of $ 37,205.

    A detailed breakdown of the total estimated O&M costs of $8.4 million for the wastewater

    department is shown in Schedule 4 of Water and Sewer Rate Model, which is presented in

    the Appendix to this report.

    D. Capital Costs

    The capital costs associated with the water and wastewater systems are separated into two

    separate categories existing debt service and capital improvement projects. The Towns CIP and capital budgets were reviewed by staff from Whitman & Requardt, Inc., and

    incorporated into the master plan for each system and capital project section of this report.

    The assumptions made as to the funding of future capital projects and purchases of fixed

    assets, either with cash or through the issuance of debt are reported in this section.

    1. Existing Debt Service

    The water system has outstanding debt with a total principal balance of approximately $3.2

    million. This principal amount is scheduled to be repaid over the next 13 years with

    scheduled interest payments totaling almost $ 532,000.

    The wastewater system has over $27 million of outstanding bond issues at this time. This

    principal amount is scheduled to be repaid over the next 18 years with scheduled interest

    payments totaling almost $8.9 million.

  • The total existing debt service for both the water and wastewater systems are presented in

    Schedule 8 of the Towns water and wastewater rate model shown in the appendix to this report.

    2. Expected Capital Improvements

    The expected capital improvements were derived from the Town of Ocean Citys CIP for the water and wastewater departments. The engineering consultant members of our project team

    from Whitman Requardt Engineers reviewed the water and wastewater CIPs with a focus on four areas the timing of the items as scheduled on the COP, the adequacy of the costs listed in the CIP, any recommended additions or deletions from the current CIP, and any regulatory

    issues that may warrant additional consideration.

    As a result of their review of the water department CIP, Whitman Requardt had the following

    recommendations:

    Water Main Upgrades $ 1,075,000

    Raw Water Main to 66th St 845,000

    Treatment Plant Improvements 970,000

    66th Street Water Plant - land 1,250,000

    66th Street Water Plant - design & construction 5,500,000

    Conversion To Automatic Water Meter Reading 600,000

    1st Street Water Tower 4,000,000

    Total Water Fund Capital Improvements $ 14,240,000

    As a result of their review of the wastewater department CIP, Whitman Requardt had the

    following recommendations:

    Wastewater Mains 15,000,000

    4th Secondary Clarifier & Improvements 6,000,000

    Elevate Incoming Electrical Gear - treatment plant 1,251,450

    Ocean outfall lining under beach dune line 1,166,000

    Replace Pista Grit Unit 400,000

    Oxygen building SCADA upgrades & repairs 600,000

    Primary Influent Building MCCA - Replacements 425,000

    28th Street pumping station 1,825,000

    Chloring contact chamber expansion 1,500,000

    Total Wastewater Capital Improvements $ 28,167,450

    The water and wastewater system CIPs are presented in Schedule 7 of the Towns water and wastewater rate model in the appendix to this report.

    3. Cash Purchases of Assets

    For purposes of this study, it was assumed that a portion of assets identified in both the water

    and wastewater departments CIPs covering the current fiscal year and the next will be funded with cash outlays. The funds would come either from rates or cash on hand or in

    reserves for the water and wastewater departments and is found on Schedule 7A.

  • 4. Anticipated Debt Service

    At the time of this study, new debt financing for capital projects is anticipated for both the

    water and wastewater utilities over the next few years. For rate modeling purposes, it was

    estimated that certain items in the water and waste water CIPs would be funded by issuing

    bonds during the period from FY 2016 FY 2020.

    The estimates made regarding the funding of the water and wastewater capital projects with

    cash outlays and the issuance of debt are presented in Schedule 15B of the water and

    wastewater rate model shown in the appendix to this report.

    E. Revenue Requirements for Water & Wastewater Rates

    The revenue requirements for the water and wastewater systems are simply the total revenues

    needed by each utility to pay for the total amount of O&M costs, capital costs, plus any

    reserves established. The cash needed to meet the revenue requirements can come from a

    variety of sources, such as permits, hook-up fees and other miscellaneous charges. This

    section summarizes the various cost components of the water and wastewater revenue

    requirements.

    1. Water System Revenue Requirement

    The revenue requirement for the water department is split into two major components operating costs and capital costs, as discussed in Sections C and D (above) of this report. The

    total estimated operating costs of approximately $4.4 million for the water system consist of

    the costs for administration, distribution, water plants, meter installation and meter repairs. In

    addition, the operating reserve allows for unusual or unexpected one-time charges that may

    arise over the year, or can buffer the impact of lower than anticipated water usage during an

    excessively wet or dry year. For purposes of this study, an operating reserve base of 2% of

    the total budget operating costs is included, which amounts to approximately $97,500.

    The capital costs component of the water departments revenue requirement has three elements capital expenditures to be funded with cash, existing debt service, and projected debt service for future capital expenditures not funded with cash. For purposes of this study,

    it was assumed that new debt would be issued to pay for approximately $4 million in capital

    expenditures during fiscal year 2016 along with $6.7 million of the capital projects planned

    for fiscal year 2020. The total payments for the existing debt service are almost $663,392 for

    FY2016.

    In addition, the Repair, Replacement & Rehabilitation (3R) Fund is a reserve to assist in paying for major projects that were capital related, and to help alleviate possible spikes in the revenue requirement when major projects are required. Typically, utilities with the 3R reserve use a percentage of the net book value of their systems assets. For purposes of this study, the reserve was calculated at one percent of the water systems net book value of approximately $15 million, or about $150,000. This calculation is shown in Schedule 9 of the

    appendix to this report.

    The FY2016 total revenue requirement for the water department therefore consists of total

    estimated operating costs of $4.4 million and capital costs of approximately $1.8 million, for

  • a combined total revenue requirement of $6.2 million. The water systems revenue requirement calculations are presented as Schedule 10 in the appendix to this report.

    2. Wastewater System Revenue Requirement

    The wastewater system revenue requirement is also split into two components operating costs and capital costs. The operating cost component totaling approximately $7.8 million

    consists of the budget costs for administration, the collection system, and the wastewater

    treatment plant and laboratory services (as discussed in Section C). As with the water system,

    an operating reserve is charged to allow for unexpected or unusual expenses. The operating

    reserve of 2% adds approximately $168,500 to the total operating revenue requirement for

    the wastewater system.

    The capital cost component of the wastewater departments revenue requirement also has three elements capital expenditures to be funded with cash, existing debt service, and projected debt service for future capital expenditures not funded with cash. For purposes of

    this study, it was again assumed that new debt would be issued to pay for approximately

    $24.6 million in capital expenditures during fiscal years 2016 and 2020. The total payments

    for the existing debt service are about $3.1 million for FY2016.

    As with the water system, a Repair, Replacement & Rehabilitation (3R) Fund assists in paying for major projects that are capital related, and to help alleviate possible spikes in the revenue requirement when major projects are required. As stated above, utilities with a 3R reserve use a percentage of the net book value of their systems assets. The reserve for the wastewater department was calculated at one percent of the water systems net book value of

    approximately $53.3 million, or about $533,700. This calculation is shown in Schedule 9 of

    the appendix to this report.

    The FY2016 total revenue requirement for the wastewater department therefore consists of

    total estimated operating costs of $7.8 million and capital costs of approximately $4.9

    million, for a combined total revenue requirement of $12.7 million. The water systems revenue requirement calculations are presented as Schedule 10 in the appendix to this report.

    F. Other Income

    In order to determine the amount of revenues required from user charges it is necessary to

    estimate the level of income that the water and wastewater utilities will receive from other

    sources, such as interest income, permits and fees, and miscellaneous other charges to water

    and wastewater customers.

    1. Other Income

    The water department has limited sources of revenues other than the user fees currently

    charged. Additional revenues are anticipated from interest on delinquent accounts in the

    amount of $4,000 sales of materials and services of $30,000 and water connections services

    (which are discussed below) of $165,000. The total estimated income from sources other

    than water rates for FY2016 is $216,255.

    The wastewater department has several additional sources of income other than user fees.

    The largest revenue sources are plumbing permits which provide about $66,000 and lab fees

  • which generate about $90,450. Total revenues from sources other than wastewater rates are

    estimated at $272,194 for FY 2016.

    The total other income for the water and wastewater departments is summarized in Schedule

    6 of the Towns water and wastewater rate model in the appendix to this report.

    2. Connection Charges

    One of the revenue sources other than user fees for the water and wastewater utilities is

    connection charges. These fees are based on the estimated costs of the Town to install a

    water meter and hook-up to the water system or connect to wastewater system. The charge

    for installation of a water meter varies depending on the cost to install the meter, ranging

    from $1,500-$2,000 for a 1 meter to $25,000 to $30,000 for a 10 meter. Connection charges for the wastewater system can range from $4,500 to $8,500 depending on the size of

    the service connection and street width and are reviewed on a regular basis to ensure they

    adequately reflect the cost of the service provided.

    3. Impact Fees

    The Town of Ocean City uses impact fees or system development charges which have been

    are billed to new customers since 2005. Impact fees are charged to help pay for the costs

    associated with expansion of the utilitys capacity. As of June 30, 2014, debt service for expansion of water system capacity exceeded impact fees collected since 2005 by

    $1,143,387. Debt service for expansion of wastewater capacity exceeded impact fees

    collected since 2005 by $1,406,476.

    4. Costs Related to Wastewater Service for West Ocean City

    The wastewater treatment plant in Ocean City provides sewage treatment for the sewage

    flows transported to it from West Ocean City, which is outside the corporate limits of Ocean

    City. The sewage is transported across the bay via a dedicated pipeline, and then flows

    through Ocean Citys collector system to the plant at 65th street. In a typical situation, Ocean city would charge West Ocean City a sewer rate higher than the rate that was charged to

    residents of Ocean City. The use of higher rates for service outside the boundaries of a

    municipal utilitys service area is a fairly typical method to reimburse the utility for financial risks taken (e.g., the responsibility for debt issued to build capacity for use outside its

    corporate limits) and for the use of the utilitys credit.

    The agreement between the Town of Ocean City and Worcester County transferring the

    assets and liabilities of Sanitary District #1 (basically, the Ocean City Treatment Plant) to the

    Town of Ocean City requires that Ocean City charge Worcester County for sewer service

    provided to West Ocean City on the same basis as sewer service is charged in Ocean City.

    That is, the Town of Ocean City is precluded from charge the County any profit or surcharge

    for service provided to West Ocean City.

    The basic principal of utility rate-making is to identify or allocate costs to those customers,

    customer groups or customer classes who are responsible for the costs which are incurred.

    This approach has been followed in developing rates within Ocean City.

  • For rate making purposes, West Ocean City is one customer; the bill is sent by Ocean City to

    Worcester County, which then bills the residents of West Ocean City. The calculation of the

    amount that is charged for service to West Ocean City is exactly the same as that used in

    Ocean City, and includes no profit or surcharge.

    Capital costs are allocated on the basis of the higher of capacity used or reserved.

    Worcester County requested that 1.0 MGD of capacity be reserved for West Ocean

    City; this amount of capacity is sufficient to serve existing residents of West Ocean

    City, and accommodate the growth that is expected in West Ocean City. This amount

    of capacity represents approximately 7.14% of the total capacity of the Ocean City

    Treatment plant, so 7.14% of the annualized capital costs for the treatment plan

    (equal to approximately $210,800 in Fiscal Year 2015) are charged to West Ocean

    City.

    Operating costs are allocated based on the quantity of sewage treated from West

    Ocean city as a proportion of the total flow treated at the plant. West Ocean Citys flows, on an annual basis, is approximately 10-11% of the total flow to the plant,

    resulting in an allocation of $633,787 in operating costs to West Ocean City for Fiscal

    Year 2015.

    The total cost of treating sewage from West Ocean City includes both the costs of

    building the plant (reflected principally as annual debt service on bonds for which

    Ocean City is now and will be responsible) and the costs of operating the plant.

    The allocation of costs to West Ocean City is presented in Schedule 11 of the Towns water and wastewater rate model in the appendix to this report.

    5. Availability Charge for Vacant Lots

    The capital costs of the water and sewer system are fixed; that is when capacity is

    constructed, the costs related to paying for the capacity must be paid by Ocean City, whether

    or not the capacity is currently being used. The most obvious example of this situation is the

    construction of water and sewer systems to serve seasonal customers, who use the capacity

    on only an irregular basis, or for part of the year.

    A less obvious cost but just as real for Ocean City is the building of capacity for vacant lots;

    Ocean City must have the capacity to serve these lots, but does not know when construction

    will actually occur on the lots. It is equitable and