June 11 2013 Complete Agenda

8/22/2019 June 11 2013 Complete Agenda

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MAYORANDCITYCOUNCILWORKSESSION

Tuesday,June11,20131:00P.M.

AClosedSessionisscheduledfrom11:301:00P.M.todiscusslegal, contractualandpersonnelmattersAGENDA

1. CALLTOORDER2. REPORTONCLOSEDSESSIONJune11,201311:30a.m.3. COMMENTSFROMTHEPUBLIC

AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgendamaybeheardduringCommentsfromthePublicforaperiodofthree(3)minutesorsuchtimeasmaybedeemedappropriatebytheCouncilPresident. Anyonewishingtobeheardshallstatetheirname,addressandtheAgendaitemonwhichheorshewishestospeak.

4. NEWBUSINESSA. FireChiefRequestforApprovaltoSoleSourcePurchaseaCustomEngine/TankerB. Discussionof OceanPlazaMallSignRemovalpresentedbyPlanningandCommunity

DevelopmentDirectorC. PublicWorksDirectorDiscussionof94thStreetWaterTowerPaintingProjectD. CityClerkRequestforApprovaltoSolicitLegalAdvertisingBids

5. ADJOURN


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WORK SESSION -MAYOR AND CITY COUNCIL

TUESDAY, JUNE 11, 2013

2. Report on Closed Session Tuesday, June 11, 2013 - 11:30 a.m.

Legal, Contractual and Personnel Matters


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

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

PURPOSES:

X

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 mattersdirectly 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 potentiallitigations;

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 imposedrequirement that prevents public disclosures about a particular proceeding ormatter; or

14. Before a contract is awarded or bids are opened, discuss a matter directly relatedto a negotiation strategy or the contents of a bid or proposal, if public 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, June 11, 2013 11:30 a.m.

PLACE: City Hall

SUBJECT: Legal, Contractual and Personnel Matters

VOTE: UNANIMOUS

OTHER: FOR:

AGAINST:

ABSTAIN:

ABSENT:


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REPORT OF CLOSED SESSION

OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

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

June 11, 2013, a closed session was held on Tuesday, June 11, 2013 at 11:30 a.m.

The following is a report of the closed session.

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

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

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

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

(b) Persons present:

Mayor Richard Meehan

City Manager David RecorCouncil President Lloyd Martin

Council Secretary Mary Knight

Council Members Doug Cymek; Brent Ashley; Dennis Dare; Margaret Pillas;and Joe Mitrecic

Attorney Heather Stansbury of Ayres, Jenkins, Gordy & Allmand, P.A.Human Resource Director Wayne Evans

Executive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

Time:

H:\Wpdoc\closedsess.wpd


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3. COMMENTS FROM THE PUBLIC

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

Session Agenda may be heard during Comments from the Public for a period of three

(3) minutes or such time as may be deemed appropriate by the Council President.

Anyone wishing to be heard shall state their name, address and the subject on which

he or she wishes to speak.


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4. NEW BUSINESSA. Fire Chief Request for Approval to Sole Source Purchase

a Custom Engine/Tanker


7/26

60 TOWN OF

T h e W h i t e M a r l i n Ca p i t a l o f t h e W o r l d

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Chris Larmore, Fire ChiefRE: Sole Source Purchase of Engine/TankerDATE: June 6, 2013

ISSUE(S): Request approval to sole source purchase a 2013 KME Engine/Tanker

SUMMARY: On May 16, 2011, the council unanimously approved to allocate

funds in accordance with the Fire Apparatus ReplacementSchedule. The Ocean City Volunteer Fire Company would like tosole source purchase #19 on that list, a KME Predator CustomEngine/Tanker consistent with current KME engines in service atthis time. This unit has been competitively bid through KME andis priced as an add-on purchase to another KME in-house order.

Custom Tandem Axle Engine/Tanker specifications and detailshave been reviewed and meet all required criteria.

FISCAL IMPACT: Contract price $ 628,135.00

RECOMMENDATION:This is a budgeted item. Recommend approval to sole sourcepurchase a KME Engine/Tanker as specified by the FireDepartment equipment committee.

ALTERNATIVES: Do not purchase at this time which will increase the cost afterthe unit is built and delivered.

RESPONSIBLE STAFF: Chris Shaffer, Assistant Fire Chief

COORDINATED WITH: David L. Recor, ICMA-CM, City Manager

ATTACHMENTS: 1) Memorandum from Chief Larmore2) Formal bid proposal3) Bid letter4) Fire Apparatus Replacement Schedule of 5.16.11

Agenda Item # 4A

Council Meeting June 11, 2013


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VVoolluunntteeeerr &&CCaarreeeerr UUnniitteedd ttoo SSeerrvvee

CChhrriissLLaarrmmoorree CChhuucckkBBaarrttoonn DDaavviiddCCrrooppppeerr DDaavviiddHHaarrttlleeyyFireChief DeputyChief DeputyChief DeputyChief

TownofOceanCity CareerDivision VolunteerDivision FireMarshalDivision

June 5, 2013

The Fire Department is requesting the approval to order a new Fire Engine/Tanker fordelivery in the next budget year. The unit will replace three current pieces of apparatus,Engine 702, Tanker 720, Air Light 722. This represents the third step in fleet consolationand movement toward consistency, as identified in the attached replacement scheduleapproved in the Spring of 2011.

The original requested quote was reduced from over $700,850 to the current $628,135.Although over the replacement schedule estimate of $600,000, the recent Ariel truckestimated at $1,100,000 came in at $1,078,305, representing a total purchase within$6,440 of the original schedule.

The effort to combine an engine and tanker will save over $500,000 and provide serviceto both Ocean City and West Ocean City, including the need for foam capacity at theMunicipal Airport, and marinas within and outside Ocean City.

I trust the Mayor, City Council, and City Manager will continue to be supportive and asproud as I am with the Committees efforts and adherence to the short and long rangeplan, resulting in responsible consolidation and efficiencies.

Chris LarmoreFire Chief

OOcceeaannCCiittyyFFiirreeDDeeppaarrttmmeenntt1409PhiladelphiaAve,OceanCity,MD21842

http://oceancitymd.gov/Fire_Department/


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Replacement schedule large equipment Ocean City Fire Department

Apparatusdescriptionumbe Time ofreplacement Years ofservicePurchase Rescue Fire Boat Immediately 25Replace Engine 12 Immediately 20Replace Engine 2 Immediately 26Replace Engine 9 Noreplacement 26Replace Truck 11 1 year 29Replace EngineTanker 19 1 year 24Replace Brush 15 3 years 27Replace Engine 1 8 years 18

Replace Truck 6 10 years 24Replace Rescue 7 12 years 25Replace Engine 3 14 years 20Replace Truck 5 17 years 26Replace Engine 4 19 years 20Replace Engine 16 19 years 20Replace Engine 2 21 years 21Replace Engine 12 21 years 21


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Ocean CityFire Department

PROPOSED AMBULANCEREPLACEMENTSCHEDULE

The purpose of this schedule is to create a t ime line to replace ambulances Th is p lanwill allow plannedpurchases to be budgeted and to maximize the use ofour veh icle fleetCurrently the department has 9 ambulances the oldest is a model year 2000 and the newest is a 2007The departmentsmbulances combined run approximately10000miles a year As these vehicles agerepair cost and equipment down t ime is increas ing In ou r current fleet 4 ambulances are over10000miles with 2 more over9000miles Since our most recent purchase many safety features such a sairbags in the patient care area and safety restraints fo r care givers have been implemented on newermodels

The cost ofan emergency vehicle over the past years has increased about6er year in the chart thatfollows the projected costs are increased by that amount Mos t ofthese cost increases are for increases inrawmaterials andFederal Government emissions standardsNUMBER YEAR APPARATUS YEAR OF REPLACEMENT YEARS OF SERVICE ESTIMATED

A704 2000 Ambulance Immediately 12 24900A709 2002 Ambulance 2013 11 26340A708 2004 Ambulance 2014 10 27976A707 2004 Ambulance 2015 11 29663A702 2005 Ambulance 2016 11 31456A705 2005 Ambulance 2017 12 33318A706 2007 Ambulance 2018 11 35310A703 2007 Ambulance 2019 12 37403A701 2007 Ambulance 2020 13 39667


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YEAR I CONTRIBUTIONS TOTAL CONTR APPARATUSI REMAININGTOCContr OCVFCContr PER YEAR Apparatus COST I TOTAL

2011 1 21200002012 2 21200002013201420152016

20172018201920202021202220232024202520262027028029

3456789101112131415161718192021

2120000212000021200002120000212000021200002120000212000042400004240000424000042400004240000424000042400004240000424000042400004240000

ApparatusReplacement Schedule

1oo000031200001000000312000010000001000000100000010000001000000100000010000o0100000010000001000000100000010000001000000100000010000001000000100000010000001000000

3120000312000031200003120000312000031200003120000312000052400005240000524000052400005240000524000052400005240000524000052400005240000

Engine 2 5350000Engine 9Engine 12 5350000

FireRescue Boat 4000000Truck 11Engine 19Brush 15

100000060000001500000Engine 1 6640000Tower 61640000Rescue 71000000Engine 3 7590000Tower 51280000

Engine461790000Engine221440000280000024500001100000110000012200001340000434000059600009080000120000013200001440000192000010400007520000176000080000001240000189000011300002370000133000015700004010000925000029500


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4. NEW BUSINESSB. Discussion of Ocean Plaza Mall Sign Removal presented by

Planning and Community Development Director


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6 TOWN OF

T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

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

THRU: David L. Recor, ICMA-CM, City ManagerFROM: Matthew G. Margotta, AICP, Director of Planning & Community Development

RE: 94th Street/ Ocean Plaza Mall SignsDATE: 6/5/2013

ISSUE(S): Request from property owner to replace existing signs at any

point in the future under the current provisions and protections

of Chapter 66, Signs, Town of Ocean City Ordinance.

SUMMARY: 1)Request to grandfather certain existing signs for futuredevelopment of the Ocean Plaza Mall property from Mr. Jeff

Thaler, Atlantic Planning, Development, Design, Inc.,representing the owner(s).

2)There are no specific code provisions governing the nature ofthe request.

3)Establish end date to amortize the subject signs.4)Consideration of the request and provide direction to City

Manager to implement as appropriate.

FISCAL IMPACT: None at this time. Application fees at time of Sign replacement.

RECOMMENDATION: Direct the City Manager to issue a letter to the property owners

that protects the signs under current provisions of Chapter 66,Signs, for a period not to exceed 10 years.

ALTERNATIVES: 1)Deny the request.2)Determine that another end date or that no end date is

appropriate.

RESPONSIBLE STAFF: Matthew G. Margotta, AICP, Director of Planning and Community

Development

COORDINATED WITH: City Manager

Assistant Director of Planning and Community Development

ATTACHMENT(S): 1) Memo to City Manager, dated June 5, 20132) 4 Pictures of subject signs

Agenda Item # 4B

Council Meeting 6/11/2013


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DATE: June 6, 2013

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

FROM: Matthew G. Margotta, AICP, Director of Planning & Community Development

RE: 94th Street/ Ocean Plaza Mall Identification Signs

In response to a request to 'grandfather' signs at Ocean Plaza Mall, I recommend that therequest to provide protection for the subject signs be presented to the Mayor and City Council

for concept endorsement. The M&CC can then direct the City Manager to issue the propertyowner a letter granting the site a ten year maximum period to have the signs protected from

future (as yet undefined) non-conforming designation.

Chapter 66, Signs, in the Ocean City municipal code of OC regulates signs. There are no

provisions for the grandfathering of existing signs; however, the Town has used amortizationto address non-conforming signs in the past. The existing permitted signs are allowed by

ordinance with the expectation that they are maintained in good order.

The request presumes that there will be a change in sign regulations that prohibit theproperty from re-permitting their signs should the existing signs be removed and the Code

change is restrictive. Based on anecdotal observations and some conversations, I believe theproperty owners have a reason for concern as they may lose their ability to re-erect the signs.

Once the Comprehensive Plan is updated, the next natural step is updating the ordinance,

and sign proliferation has been mentioned several times when discussing Code updates.

In regards to 'grandfathering', I'm not in favor of a blanket agreement to allow the existingsigns to be re-permitted at any time in the future. The Town of Ocean City has used a 10 year

amortization for non-conforming signs. As you're aware, a 5 year amortization for signs isfairly common practice throughout the U.S. While I believe that the property owners have a

valid concern to protect their signage, at this point neither the property owner nor the Townhas any true understanding of what form the redevelopment will occur on the site.

This request is asking the Town to grant a right solely to this property based on twospeculations that don't exist: 1) that the ordinance prohibits the subject signs; and 2) that

the property will be redeveloped in such a way to require the signs. Given the fact that thismatter pertains to a single property owner and that the Town has used a 10 year

amortization for signs in the past, I recommend that the matter is presented in public seekingthe endorsement of the Mayor and City Council.

Feel free to contact me at [email protected] or at extension 8942.
mailto:[email protected]:[email protected]


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4. NEW BUSINESSC. Public Works Director Discussion of 94

thStreet Water Tower

Painting Project


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25166 TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Hal O. Adkins, Public Works DirectorRE: 94th Street Water Tower Painting Project Logo or No LogoDATE: June 6, 2013

ISSUE(S): Discussion of logo for 94th Street Water Tower

SUMMARY: The Water Tower is slated for renovation and painting this fall.Does the Council desire a logo to be placed on the tower as part

of the painting project Scope?

FISCAL IMPACT: +/- $15,000 for the additional logo work. This cost would becovered and absorbed by the Water Enterprise Fund.

RECOMMENDATION: Due to the proximity of the tank to the traveling motorist onCoastal Highway, staff recommends a logo not be included.

ALTERNATIVES: Include a logo of some sort and provide staff guidance/directionon what it is to state.

RESPONSIBLE STAFF: Hal O. Adkins, Public Works Director

COORDINATED WITH: Jim Parsons, Chief Deputy Public Works DirectorHoward Bud Iman, Water SuperintendentDean Dashiell, Senior Project ManagerEarl Swartzendruber, Whitman, Requardt and Associates

ATTACHMENT(S): 1) Brief Tank Logo History2) Aerial View of the Tank Location w/Dimensions to the

Highway

Agenda Item # 4C

Council Meeting June 11, 2013


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A Brief Tank Logo History

(1) Many years ago all the Water Towers had the Vintage Logo.(2) Over the years I was instructed to do away with them as we repainted tanks so I did away withthem.(3) Then along came the Dew Tour a few years ago and the Town agreed to allow the Dew Tour to

place a large logo on the Worcester Street Tower. It is still there to this day.

(4) Then along came the Thank You campaign citywide and I was instructed to add a Thank You andWelcome To logo to the 64

thStreet Water Tower. That was done and well received.

(5) We then had the 136th Street tank slated for repainting. Since it is the northern most tank andvisible to those entering Town from the north, it too was repainted with a Thank You and

Welcome To logo.

(6) So..we are about to bid the repainting of the elevated water tower at 94th Street. It sitssubstantially west of Coastal Highway and has a limited impact on motorists traveling Coastal

Highway when it comes to their ability to view any lettering that would be added. So, the

question that needs an answer: Does theTown want a Thank You and Welcome To logo on this

tank also OR simply to have it repainted without a logo?


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4. NEW BUSINESSD. City Clerk Request for Approval to Solicit Legal Advertising

Bids


24/26

TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Kelly Allmond, City ClerkRE: Legal Advertising AgreementDATE: June 4, 2013

ISSUE(S): Permission to submit a Request for Proposals for Legal Advertising

SUMMARY: The three-year contract for the Towns legal advertising expires onJune 30, 2013. The contract, in fact, expires on July 1, 2013, so I

contacted the existing provider and they have agreed to extend ourcontract by one month.

I am, therefore, requesting permission to seek RFPs for legaladvertising for another three-year contract. These RFPs will be dueand acknowledged at the July 09, 2013 Work Session andrecommended for award at the July 30 Work Session.

FISCAL IMPACT: FY13 Budget Allocation = $3,500.00FY13 Legal Advertising budget expenditure: $3,300 (as of 6.5.2013)

RECOMMENDATION: Grant the City Clerk permission to seek RFPs for legal advertising.

ALTERNATIVES: Renew the current agreement for another three years.

RESPONSIBLE STAFF: Kelly Allmond, City Clerk

COORDINATED WITH: Not applicable

ATTACHMENT(S): Legal Advertising RFP

Agenda Item # 4D

Council Meeting 06-11-2013


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H:\word\LegalAdvertisingRFP.doc

TOWNOFOCEANCITY,MARYLANDREQUESTFORPROPOSALSLEGALADVERTISING

TheMayorandCityCouncilofOceanCityareentertainingpricequotesforlegaladvertisinginthefollowing

threeformats:One(1)year,two(2)yearandthree(3)yearagreements.SelectionwillbebasedonthemostbeneficialtotheTownofOceanCity.TheoneyeartermwillbeginAugust1,2013andendJune30,2014,

twoyearandthreeyeartermswillendJune30,2015andJune30,2016respectively.

ProposalsmustbeintheCityManagersOffice,CityHall,301BaltimoreAvenue,P.O.Box158,OceanCity,MD

21843nolaterthan11:00a.m.Tuesday,July9,2013.Mailedproposalsmustbereceivedbythistimeaspostmarkswillnotebeconsidered.Faxedproposalsarenotallowedandwillnotbeconsideredvalid.

ProposalswillbeacknowledgedbytheMayorandCityCouncilattheWorkSessionofJuly9,2013.TheCity

ClerkwillevaluateallproposalsandmakearecommendationtotheMayorandCouncilforselection.In

awardingthecontract,theMayorandCouncilmayconsidertheexperience,responsibility,previousworkor

associationwiththeTownandfinancialstandingoftherespondent.

TheMayorandCouncilreservetherighttorejectanyandallproposalsforanyreason.Ifpromiseddeliveryisnotmet,theMayorandCouncilshallhavetherighttoterminatetheagreementbyspecifyingthedateof

terminationinawrittennoticeatleastthirty(30)calendardaysbeforetheterminationdate.

QUALIFICATIONSBiddersmustprovide:

AswornaffidavitofferingproofofmeetingtherequirementsofArticle1,28oftheAnnotatedCodeofMaryland

Acopyofpostalserviceform3507,AuthorizationforSecondClassMailPrivileges,executedandissuedbythepostalservicewithacurrent(30daysorless)effectivedate.

Acurrentcopy(30daysorless)ofPostalServiceform35411SPECIFICATIONSForthepurposeofthisbidproposal,legalnoticesincludebid,public,election,taxsalenotices,ordinances,

PlanningandZoningCommission,BoardofPortWardens,BoardofZoningAppealsmeetingnoticesandany

othernotice,whichmustmeetspecialrequirements,suchasthosethatcannotbeplacedwithotherlegal

notices,requirespecifictypesizeandaminimumpagesize.

Typesize,fontandlinespacingAlllegalnoticesmustappearinalegibletypesizeofnotlessthan10point,inanapprovedboldfont(sampletobeincluded)andwithnotlessthat11leading.A1/8gutteris

requiredbetweencolumns.TheTownmayrequestexceptionstotheaboveforsomenotices.Notice

headingswillbesetinallcapitalsandthecityseal1x1willbedisplayeduponrequest.Wheneverpossible,alllegalnoticespublishedforagivenweekbytheTownaretoappeartogetheronapageorpagesas

necessaryoraportionthereof.

CertificatesofPublicationmustbeprovidedforeachitempublished,andmuststatethecostandtime(s)

published.


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ASSIGNEDPERSONNELAND PUBLICATIONDATEIdentifythepersonorpersonsemployedbyyourfirmthatwillbeassignedresponsibilityastheTowns

accountrepresentative:______________________________________________________________________________

Contactinformationforrepresentative:______________________________________________.Thedayofpublicationis

_______________________________________________________________.DeadlineforTowncopywillbeprovidedwhen

available.Whenelectroniccopyisnotavailable,ahardcopymaybefaxedto:_______________________________.

Deadlineforsubmissionchangesduetoholidaysaretobeannouncedatleastoneweekinadvanceof

publicationdate.

PRICEPricetobebasedonaone23/8widecolumnx7indepth

One(1)year(08/01/2013to06/30/2014) TotalPriceper7indepth ________________________

ColumnIncPrice:(TotalPrice

by7) ________________________ Two(2)year(08/01/2013to6/30/2015) TotalPriceper7depth ________________________

ColumnInchPrice:(TotalPriceby7) ________________________

Three(3)year(08/01/2013to6/30/2016) TotalPriceper7depth ________________________

ColumnInchPrice:(TotalPriceby7) ________________________

ProposalSubmittedby:

Name

Title

Publication

Telephone

Email

Note:Thisformmustbesignedbyanofficerofyourcompanyoranauthorizedagentforthisproposaltobe

consideredvalidbytheMayorandCityCouncilofOceanCity,Maryland.

ProposalsmustbeintheCityManagersOffice,CityHall,301BaltimoreAvenue,P.O.Box158,OceanCity,

Maryland21843nolaterthan11:00a.m.Tuesday,July09,2013.Pleasewrite:RFPLegalAdvertising,ontheoutsideofthesealedenvelope.

Forquestions,contact: KellyL.Allmond,CityClerk

301BaltimoreAvenue

OceanCity,MD21842

4102898842

[email protected]

Attachmentincludedof28,Article1,AnnotatedCodeofMaryland.

June 11 2013 Complete Agenda

Documents

Transcript of June 11 2013 Complete Agenda