march 4 2013 complete agenda

7/29/2019 March 4 2013 Complete Agenda

1/82

MAYORANDCITYCOUNCILREGULARSESSION

Monday,March4,20136:00P.M.

AClosedSessionisscheduledfrom5:45to6:00p.m.todiscusslegalandpersonnelmatters.AGENDA

1. CALLTOORDER2. PRAYERANDPLEDGE3. REPORTONCLOSEDSESSIONMonday,March4,20135:45p.m.4. APPROVALOFMINUTES

A. WorkSessiondatedFebruary12,2013

B.

RegularSession

#3

dated

February

19,

2013

5. ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCILA. AppointmentofCouncilCommitteesandCommissionspresentedbyMayorMeehan

6. COMMENTSFROMTHEPUBLICAnyperson who may wish to speak on any matter at the Regular Session may be heard duringComments from the Public for a period of three (3) minutes or such time as may be deemedappropriatebytheCouncilPresident. Anyonewishingtobeheardshallstatetheirname,addressandthesubjectonwhichheorshewishestospeak.

7. CONSENTAGENDAA. RequestfromCaineWoodsCommunityAssociationtoServeBeerandWineatAssociation

Events

8. MISCELLEANEOUSREPORTSANDPRESENTATIONSA. RequestfromWilliamRothermeltoApproveConceptforEagleScoutServiceProject

9. PUBLICHEARINGSA. FY2014AnnualTransportationGrant

10. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF11. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR

A. SecondReadingOrdinance201302toAmendChapter39EntitledFranchises(toprohibit

vendinginanyareasouthof27th

StreetandeastofBaltimoreAvenue)

B. FirstReadingOrdinancetoAdoptFY13BudgetAmendment#1

C. FirstReadingOrdinancetoAmendChapter110,EntitledZoning(topermitminiaturegolfasa

conditionaluseintheDowntownMixedUsezoningdistrict)


2/82

MayorandCityCouncilRegularSessionAgenda March4,2013

D. FirstReadingOrdinancetoAmendChapter110,EntitledZoning(toclarifythecalculationof

requiredparkingforMixedUsedevelopment)

E. ResolutionAuthorizingtheSaleofSurplusPersonalProperty(four(4)trolleystylebuses)

F. ResolutionAuthorizingtheCityManagertoFileanApplicationwiththeMarylandTransit

AdministrationforGrants

G.

Resolutionto

Authorize

the

Sale

of

Food,

Beverages

and

Merchandise

for

Air

Show

H. ApprovalofOceanCityPoliceDepartmentGeneralOrder400D2,DealingwithIndividuals

withDisabilitiesandADARequirements

12. COMMENTSFROMTHECITYMANAGERA. ReviewofTentativeMarch12,2013,WorkSessionAgenda

13. COMMENTSFROMTHEMAYORANDCITYCOUNCIL14. ADJOURN


3/82

REGULAR SESSION -MAYOR AND CITY COUNCILMONDAY, MARCH 4, 2013

3 Report on Closed Session Monday, March 4, 20135:45 p.m. Legal and Personnel Matters


4/82

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

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

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 industrialorganization 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 thenegotiations;

10. Discuss public security if the public body determines that public discussionwould 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 criminalconduct;

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 discussionor disclosure would adversely impact the ability of the public body to participatein the competitive bidding or proposal process

DATE AND TIME: Monday, March 4, 2013 5:45 p.m.PLACE: City HallSUBJECT: Legal and Personnel MattersVOTE: UNANIMOUS

OTHER: FOR:

AGAINST:

ABSTAIN:

ABSENT:


5/82

REPORT OF CL OSED SESSION

OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

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

March 4, 2013, a closed session was held on Monday, March 4, 2013 at 5:45 p.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 and Personnel Matters

(b) Persons present:

Mayor Richard MeehanCity Manager David RecorCouncil President Lloyd MartinCouncil Secretary Mary KnightCouncil Members Doug Cymek; Brent Ashley; Dennis Dare, Margaret Pillas

and Joe MitrecicCity Solicitor Guy AyresExecutive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

H:\Wpdoc\closedsess.wpd


6/82


4 APPROVAL OF MINUTES

A. Work Session dated February 12, 2013B. Regular Session #3 dated February 19, 2013


7/82


5 ITEMS PRESENTED BY THE MAYOR AND CITYCOUNCIL

A.Appointment of Council Committees and Commissionspresented by Mayor Meehan


8/82

Mayor and City Council Legislative Committees and CommissionsPresented by Mayor Rick Meehan

At the Council Meeting of January 29, 2013, the Council voted to reinstate the Mayorand City Council Legislative Committees and Commissions listed below.

At that meeting, the Council President asked that all council members let me know whatcommittees and or commissions they maybe interested in serving on. On 2/9/2013, I sentan email to all Council Members asking them to email to me their requests if they had notalready done so. On Monday February 18, 2013, I sent individual emails to both CouncilMembers Pillas and Ashley who had not yet replied. On Tuesday February 26, 2013, Ispoke personally with both Council Member Pillas and Council Member Ashley and bothstated they were not interested in serving on the council committees and commissions asproposed.

Based on this information and confirmation by the Council, I appoint the following

members to the Mayor and Council Legislative Commissions and Committees:

POLICE COMMISSION TOURISM COMMISSIONMayor Rick Meehan Mayor Rick MeehanDoug Cymek Mary KnightLloyd Martin Dennis DareDennis Dare Joe Mitrecic

NOSIE BOARD LIASON PENSION COMMITTEEDoug Cymek Mayor Rick MeehanAlternate: Lloyd Martin Council President Martin

BEACH MEDIATION RISK RETENTION COMMITTEEJoe Mitrecic Doug CymekAlternate: Mary Knight Alternate: Dennis Dare

TRI-COUNTY COUNCIL HUMANE SOCIETY COMITTEEMayor Rick Meehan Mayor Rick MeehanJoe Mitrecic Mary Knight

Dennis Dare

AMERICANS WITH DISABILITIES COASTAL RESOURCESMary Knight LEGISLATIVE COMMITTEE

Mary Knight

RECREATION AND PARKS COMMITTEE MARYLAND COASTAL BAYSDennis Dare FOUNDATION BOARD OFLloyd Martin DIRECTORSJoe Mitrecic Dennis Dare


9/82

The Tourism Commission will also include:

1 representative from the Hotel Motel Restaurant Association1 representative from the Ocean City Chamber of Commerce1 representative from the Economic Development Committee1 representative from the Ocean City Development CorporationThe Chairman of the State Tourism Commission non voting member

Meetings will also include:The City ManagerThe Director of TourismThe Director of the Convention CenterRepresentative from Ocean City Special Events

Executive Director of HMRAExecutive Director of The Chamber of Commerce

The Police Commission meetings will also include:The City ManagerThe Chief of Police

The Parks and Recreation Advisory Board meetings will also include:The City ManagerThe Director of Parks and Recreation

A Council Chairperson will be chosen for each committee.

Agendas for these meetings will be prepared by the Commission or CommitteeChairperson and the Department Head.

Minutes of these meetings will be taken and placed on the agenda at a regularlyscheduled meeting of the Mayor and City Council and reported by the Chairperson.

Meetings will be open to the public and the press. Closed session guidelines will befollowed.


10/82

Surfing Committee: Presented by Mayor Rick Meehan

Shelly Dawson SurfridersChris Shanahan K Coast Surf ShopChris Tilghman - ResidentLee Gerachis Malibus Surf Shop

J oe Groves Plaza Condominium/ DCMAJ on Tremellen Princess Royal HotelMick ChesterRick PairoGreg Shockley Shorehman HotelButch Arbin Captain Beach PatrolWard Kovacs Beach Patrol

Tom Shuster Director Parks and Recreation

David Recor City Manager

Members of The Parks and Recreation Advisory Committee

Dennis [email protected]

Lloyd [email protected]

J oe [email protected]


11/82

REGULAR SESSION -MAYOR AND CITY COUNCIL

MONDAY, MARCH 4, 2013

6 COMMENTS FROM THE PUBLIC

Any person who may wish to speak on any matter at the Regular Session maybe heard during Comments from the Public for a period of three (3) minutes orsuch 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 heor she wishes to speak.


12/82


7. CONSENT AGENDAA. Request from Caine Woods Community Association to

Serve Beer and Wine at Association Events


13/82

TOWN OF

The White Mar lin Capital of the World

TO: The Honorable Mayor, Council President and Members of CouncilFROM: David L. Recor, ICMA-CM, City ManagerRE: Request to serve beer and wine in Fiesta ParkDATE: February 26, 2013

ISSUE(S): Request to serve beer and wine in Fiesta Park

SUMMARY: The Caine Woods Community Association is requesting approvalto serve beer and wine at four (4) community functions held inFiesta Park on 141st Street.

Per Sec. 58-73 of Town Code, the Mayor and City Council maypermit public possession and consumption of alcoholic beveragesfor municipal permitted events on public property.

FISCAL IMPACT: None

RECOMMENDATION: Approve request

ALTERNATIVES: Do not approve request.

RESPONSIBLE STAFF: Not applicable

COORDINATED WITH: Not applicable

ATTACHMENT(S): Letter from Caine Woods Community AssociationTown Code Section 58-73

Agenda Item # 7A

Council Meeting March 4, 2013


14/82

February 28, 2013

Mayor and City CouncilTown of Ocean City301 Baltimore AvenueOcean City, MD 21842

Dear Mayor and Council Members,

The Caine Woods Community Association would like to request your permission to serve beer andwine at several of our community functions held in Fiesta Park. Specifically:

April 13, 2013 Fiesta Park Clean-Up 10 a.m. 1 p.m.

June 22, 2013 CWCA Community Picnic Noon 4 p.m.

Aug. 6, 2013 National Night Out 6 p.m. - 8 p.m.

Aug. 24, 2013 CWCA Fall Community Picnic 3 p.m. 6 p.m.

Your anticipated approval is greatly appreciated.

Sincerely,

Dennis W. DarePresident


15/82

Sec. 58-73. - Public possession and consumption at municipal sponsored events.

Notwithstanding the provisions ofsection 58-71 and 58-72 of this division, upon allocation,

the Mayor and City Council of Ocean City may permit the public possession and consumption of

alcoholic beverages at municipal sponsored events and municipal permitted special events on thepublic property and municipal parking lots subject to such restrictions and conditions which the

mayor and city council may impose.

(Code 1972, 71-6.1; Ord. No. 2010-19, 6-21-2010; Ord. No. 2010-20, 7-6-2010)

Page 1 of 1Municode

2/28/2013http://library.municode.com/print.aspx?h=&clientID=12833&HTMRequest=http%3a%2f...


16/82


8. MISCELLANEOUS REPORTS AND PRESENTATIONSA. Request from William Rothermel to Approve Concept

for Eagle Scout Service Project


17/82

TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilFROM: David L. Recor, ICMA-CM, City ManagerRE: Eagle Scout Service ProjectDATE: February 27, 2013

ISSUE(S): Request approval of concept for Eagle Scout service project

SUMMARY: William Rothermel, a member of Boy Scout Troop 261, isrequesting concept approval for an Eagle Scout service projectthat includes the design, construction and placement of historical

markers in the Downtown area.

FISCAL IMPACT: None

RECOMMENDATION: Approve project concept.

ALTERNATIVES: Do not approve concept.


COORDINATED WITH: Ocean City Museum SocietyDowntown Association

Ocean City Development Corporation

ATTACHMENT(S): Memorandum from William Rothermel

Agenda Item # 8A



18/82


19/82


9 PUBLIC HEARING

A. FY2014 Annual Transportation Grant


20/82

TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilFROM: George Thornes, Superintendent of TransportationTHRU: David L. Recor, ICMA-CM, City ManagerRE: FY 2014 Annual Transportation Grant Public HearingDATE: February 27, 2013

ISSUE(S): Public hearing for FY 2014 Annual Transportation Grants

SUMMARY: Each year the Town of Ocean City Transportation Departmentrequests funding for transit services through the Maryland

Transit Administration as a Section 5311 provider. Thisapplication is the mechanism that results in both operating andcapital grants.

FISCAL IMPACT: Anticipated operating grant: $ 715,782Anticipated ADA grant: $ 110,000Anticipated capital grant: $ 3,104,000

Total anticipated grant funds of $ 3,929,782.

These grants, coupled with our overall operating budget forFY14, results in a General Fund contribution reduction of $77,223when compared to FY13.

RECOMMENDATION: Submit application to MTA.

ALTERNATIVES: Do not submit application for grants.

RESPONSIBLE STAFF: George Thornes, Superintendent of Transportation

COORDINATED WITH: Guy Ayres, City SolicitorHal Adkins, Public Works DirectorJennie Knapp, Budget Manager

ATTACHMENT(S): PowerPoint

Agenda Item # 9A



21/82

PUBLIC HEARINGFY14

ANNUAL TRANSPORTATION Overall Budget $5,546,3

Revenues

Fare Box $2,443,6

Advertising $ 210,0

Senior Bus Passes $ 8,6

Coupon Book Sales $ 172,7

Service Charges Greyhound $ 21,8

Service Charges Medtrn $ 13,0

Operating Grants

Federal $ 684,6

State $ 31,1ADA (State) $ 110,0

General Fund Contributions $1,850,7

Town Contribution is $77,223 less this year


22/82


23/82


11 ITEMS REFERRED TO AND PRESENTATIONS FROMTHE CITY SOLICITOR

A. Second Reading Ordinance 2013-02 to Amend Chapter 39Entitled Franchises (to prohibit vending in any area southof 27th Street and east of Baltimore Avenue)


24/82

TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilFROM: David L. Recor, ICMA-CM, City ManagerRE: Second reading for ordinance to change vehicle vending franchise criteriaDATE: February 25, 2013

ISSUE(S): Ordinance to amend City Code, Section 39-507

SUMMARY: Second reading of ordinance to prohibit vending in anyarea south of 27th Street and east of Baltimore Avenue.

FISCAL IMPACT: None

RECOMMENDATION: Change the current code to allow proposed changes.

ALTERNATIVES: Retain the current code.


COORDINATED WITH: Guy R. Ayres, City Solicitor

ATTACHMENT(S): 1) Ordinance 2013-022) City Code, Section 39-507

Agenda Item # 11A



25/82

First Reading __________Second Reading ________

ORDINANCE 2013-02

AN ORDINANCE TO AMEND CHAPTER 39,

ENTITLED FRANCHISES,OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR ANDCITY COUNCIL OF OCEAN CITY THAT CHAPTER 39, ENTITLED FRANCHISES, OFTHE CODE OF THE TOWN OF OCEAN CITY BE, AND IT IS HEREBY, AMENDED BYREPEALING AND REENACTING WITH AMENDMENT SUBSECTION 39-507(2), ASFOLLOWS:

Sec. 39-507. Prohibitive acts.

Each of the acts described in this section is prohibited.

. . .

(2) For the franchise operator or any of his employees to vend during the hours of10:00 p.m. to 10:00 a.m. of the following day or to vend from Coastal Highway, BaltimoreAvenue, Philadelphia Avenue, Atlantic Avenue (beach and boardwalk) or east of BaltimoreAvenue from 27

thStreet south to the Inlet.

. . .

INTRODUCED at a meeting of the City Council of Ocean City, Maryland held onFebruary 19, 2013.

ADOPTED AND PASSED, as amended by the required vote of the electedmembership of the City Council and approved by the Mayor at its meeting held on March 4,2013.

ATTEST:

______________________________ _______________________________________

KELLY ALLMOND, Clerk RICHARD W. MEEHAN, Mayor

Approved as to form: _______________________________________LLOYD MARTIN, President

______________________________ _______________________________________GUY R. AYRES III, City Solicitor MARY P. KNIGHT, Secretary


26/82

(1)

(2)

(3)

(4)

Sec. 39-507. - Prohibited acts.

Each of the acts described in this section is prohibited:

For anyone other than the franchise operator to vend prepared food items from public

property or public ways within the corporate limits of Ocean City. This subsection shall

not be construed to include the convention center property or Northside Park.

For the franchise operator or any of his employees to vend during the hours of 10:00

p.m. to 10:00 a.m. of the following day, or to vend from Coastal Highway, Baltimore

Avenue, Philadelphia Avenue, Atlantic Avenue (boardwalk) or east of Baltimore

Avenue and south of 18th Street.

For the franchise operator to utilize more than six vehicles to vend the prepared food

products.

For the franchise operator to play music, whether amplified or not, at a level in excess

of 65 dB(A).

(Code 1972, 100-5; Ord. No. 1996-23, 10-21-1996; Ord. No. 1999-2, 2-23-1999)

Page 1 of 1Municode

2/25/2013http://library.municode.com/print.aspx?h=&clientID=12833&HTMRequest=http%3a%2f...


27/82



B. First Reading Ordinance to Adopt FY13 BudgetAmendment #1


28/82

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City Manager

FROM: Jennie Knapp, Budget ManagerRE: First reading of ordinance for FY 13 Budget Amendment #1DATE: 2/18/13

ISSUE(S): Ordinance first reading for FY 13 Budget Amendment #1

SUMMARY: The budget amendment recognizes Room Tax exceeding budget

estimates for first quarter of FY 13. Additional funds are takenfrom fund balance to cover Room Tax exceeding estimate for 2ndhalf of FY 12 and FY 12 unspent advertising funds. Fund balanceis also used to cover the Inlet Lot parking controls and to cover

prior year purchase orders

FISCAL IMPACT: The amount taken from prior year reserves (fund balance)

increases $1,059,855 from $2,749,395 approved in the FY 13

Adopted Budget to $3,809,250.

RECOMMENDATION: Pass ordinance for second reading.

ALTERNATIVES: None

RESPONSIBLE STAFF: Jennie Knapp, Budget Manager

COORDINATED WITH:

ATTACHMENT(S): 1) Budget amendment ordinance

2) Detail of changes

Agenda Item # 11B



29/82

ORDINANCE 2013-

TOWN OF OCEAN CITY

OPERATING BUDGET

FISCAL YEAR 2013

ADOPTED AMENDMENT # 1

SOURCE FY-2013 FIRST READING CHANGES

Section I, General Fund:

A. Anticipated Revenue:

Property Taxes $ 41,442,940 $ 41,442,940 $ 0

Other Taxes 14,359,087 14,588,755 229,668

Licenses and Permits 3,883,300 3,921,363 38,063

Revenue From Other Agencies 4,395,639 4,440,489 44,850

Charges For Services 8,725,492 8,731,492 6,000

Fines and Forfeitures 675,000 675,000 0

Other Revenue 424,344 826,106 401,762

Prior Year Reserves 2,749,395 3,809,250 1,059,855

Total Revenue $ 76,655,197 $ 78,435,395 $ 1,780,198

B. Anticipated Expenditures:

General Government $ 3,665,533 $ 3,666,245 $ 712

Public Safety 33,072,659 33,662,945 590,286

Public Works/Beach Maintenance 4,783,375 5,212,513 429,138

Sanitation and Waste Removal 5,568,131 5,568,131 0

Highways and Streets 4,900,408 4,919,317 18,909

Economic Development -Tourism 6,730,104 7,227,878 497,774Culture and Recreation 7,366,729 7,601,107 234,378

Debt Service 4,551,710 4,551,710 0

Sub Total $ 70,638,649 $ 72,409,846 $ 1,771,197

To Transportation Fund 1,927,997 1,927,997 0

To Airport Fund 116,976 125,977 9,001

To Convention Center Fund 1,483,575 1,483,575 0

To Vehicle Trust 488,000 488,000 0

To Capital Projects 2,000,000 2,000,000 0

Total Expenditures $ 76,655,197 $ 78,435,395 $ 1,780,198


30/82



Section II, Water Fund:


Water Sales $ 3,349,934 $ 3,349,934 $ 0

Water Fixture Charge 3,486,777 3,486,777 0

Service Charges 186,794 186,794 0

Capacity/Impact Fees 55,440 55,440 0

Prior Year Reserves 102,808 161,966 59,158

Total Revenue $ 7,181,753 $ 7,240,911 $ 59,158


Personal Services $ 1,926,770 $ 1,926,770 $ 0

Non-Personal Services 3,121,098 3,180,256 59,158

Debt Service 1,068,885 1,068,885 0Capital Outlay 1,065,000 1,065,000 0

Total Expenditures $ 7,181,753 $ 7,240,911 $ 59,158

Section III, Transportation Fund:


Bus Revenue $ 2,951,577 $ 2,945,077 $ (6,500)Train Revenue 1,073,051 1,073,051 0

Federal and State Grants 2,652,782 3,069,840 417,058

Capital Asset Sales 0 12,930 12,930

Transfer-In From General Fund 1,927,997 1,927,997 0

Prior Year Reserves 0 53,981 53,981

Total Revenue $ 8,605,407 $ 9,082,876 $ 477,469




Capital Outlay 1,530,000 1,737,159 207,159



31/82



Section IV, Wastewater Fund:


Wastewater Treatment Charges $ 11,041,867 $ 11,041,867 $ 0


Build America Bond Subsidy 133,381 133,381 0

Capacity/Impact Fees 96,800 96,800 0


Total Revenue $ 12,331,852 $ 12,382,230 $ 50,378



Non-Personal Services 3,476,670 3,527,048 50,378Debt Service 3,555,417 3,555,417 0

Capital Outlay 1,100,000 1,100,000 0


Section V, Airport Fund:


Fuel Sales $ 729,600 $ 729,600 $ 0Rents and Other Revenue 351,530 351,530 0

State and Federal Grants 427,500 427,500 0


Transfer-In From General Fund 116,976 125,977 9,001


Total Revenue $ 1,883,606 $ 2,039,937 $ 156,331


Personal Services $ 311,695 $ 311,695 $ 0

Non-Personal Services 975,829 1,132,160 156,331

Debt Service 146,082 146,082 0

Capital Outlay 450,000 450,000 0



32/82



Section VI, Municipal Golf Course Fund:


Service Charges $ 1,737,052 $ 1,737,052 $ 0

Sales and Concessions 446,097 446,097 0

Other Revenue 56,628 56,628 0


Total Revenue $ 2,239,777 $ 2,268,147 $ 28,370




Transfer to General Fund 150,758 150,758 0

Capital Outlay 0 22,402 22,402


Section VII, Convention Center Fund:


Service Charges $ 1,813,428 $ 1,813,428 $ 0

State and County Grants 1,549,102 1,549,102 0

Food & Beverage Tax 1,110,000 1,110,000 0

Transfer-In From General Fund 1,483,575 1,483,575 0Prior Year Reserves 1,087,642 1,150,534 62,892

Contributed Equity 0 0 0

Total Revenue $ 7,043,747 $ 7,106,639 $ 62,892




Debt Service 2,328,310 2,328,310 0

Transfer to Debt Service Reserves 100,000 100,000 0

Capital Outlay 0 0 0



33/82



Section VIII, Information Technology Fund:


Service Charges To Other Funds $ 1,743,443 $ 1,743,443 $ 0


Total Revenue $ 1,743,443 $ 1,788,284 $ 44,841



Non-Personal Services 822,465 867,306 44,841



Section IX, Service Center Fund:




Total Revenue $ 5,360,362 $ 5,383,568 $ 23,206




Debt Service 0 0 0




34/82



Section X, Vehicle & Equipment Trust Fund:


Service Charges To Other Funds $ 2,380,353 $ 2,344,992 $ (35,361)

State and Federal Grants 1,984,500 3,602,793 1,618,293

Sale of Assets 150,000 150,000 0

Transfer In From General Fund 488,000 488,000 0


Total Revenue $ 5,002,853 $ 6,726,618 $ 1,723,765


Non-Personal Services $ 760,721 $ 785,721 $ 25,000Debt Service 0 0 0

Transfers Out 0 0 0

Capital Outlay 4,242,132 5,940,897 1,698,765


Section XI, Risk Management Fund:



Interest Earned 65,081 65,081 0

Prior Year Reserves 0 854 854

Total Revenue $ 2,174,835 $ 2,175,689 $ 854



Non-Personal Services/Claims 1,937,895 1,938,749 854


Total Expenditures $ 2,174,835 $ 2,175,689 $ 854


35/82


36/82



Section XIV, General Capital Projects Fund:


General Fund Contribution 2,000,000 2,000,000 0

Bond Proceeds 0 0 0

Inlet Lot Parking Revenue 290,000 290,000 0

Total Revenue $ 2,290,000 $ 2,290,000 $ 0


Street Paving 2,000,000 2,000,000 0

Reserve for Future Capital Projects 290,000 290,000 0

Total Expenditures $ 2,290,000 $ 2,290,000 $ 0

Section XIV, All Funds Expenditure Summary:

General Fund $ 76,655,197 $ 78,435,395 $ 1,780,198

Water Fund 7,181,753 7,240,911 59,158

Transportation Fund 8,605,407 9,082,876 477,469

Wastewater Fund 12,331,852 12,382,230 50,378

Airport Fund 1,883,606 2,039,937 156,331Municipal Golf Course Fund 2,239,777 2,268,147 28,370

Convention Center Fund 7,043,747 7,106,639 62,892

Management Information Services Fund 1,743,443 1,788,284 44,841

Service Center Fund 5,360,362 5,383,568 23,206

Vehicle & Equipment Trust Fund 5,002,853 6,726,618 1,723,765

Risk Management Fund 2,174,835 2,175,689 854

Pension Trust Funds 11,768,044 11,768,044 0

OPEB Trust Fund 4,248,750 4,248,750 0

Sub Total $ 146,239,626 $ 150,647,088 $ 4,407,462

LESS: Interfund Transfers (27,597,254) (27,570,894) 26,360


Capital Projects Fund - General 2,290,000 2,290,000 0

Grand Total $ 120,932,372 $ 125,366,194 $ 4,433,822


37/82

Section XV, Special Authorization - Budget Manager:

The Budget Manager shall be authorized to reallocate departmental appropriations among the various

objects of expenditures as she deems necessary. Such changes shall be approved by the Finance

Administrator & City Manager.

Section XVI, Restrictions - City Manager:

A. The utilization of any contingency appropriation shall be accomplished only with prior

authorization from the Mayor and Council.

B. Utilization of appropriations established in the Capital Improvement Fund may be

accomplished only with the express approval of the Mayor and Council.

Section XVII, Tax Rate:

An Ad Valorem Tax Rate of $0.4585 per $100 of assessed valuation of real property and a rate of $1.29

per $100 of assessed valuation of corporate and personal property tax is required to fund this budget.

INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on March 4, 2013.

ADOPTED AND PASSED, by the required vote of the elected membership of the City Council

and approved by the Mayor at its meeting held on March 18, 2013.

DAVID L. RECOR, CITY MANAGER RICHARD W. MEEHAN, MAYOR

KELLY L. ALLMOND, CITY CLERK LLOYD MARTIN, PRESIDENT

MARY P. KNIGHT, SECRETARY

ADOPTED:

Date

MOTION TO ADOPT BY:

MOTION SECONDED BY:

VOTE: FOR: AGAINST:


38/82

hanges Since Adopted Budget

neral Fund Revenue:

her Taxes 229,668 Room Tax over estimate

enses and Permits 38,063 Prior year Critical areas and Stormwater mitigation project balances

venue from Other Agencies 44,850 159,965 prior year grant balances; 119,000 NSP Outdoor Exercise Equipment grant; 35,885 Public

Safety grants; (270,000) County Tourism grant

arges for Services 6,000 Donations for Sunset Park Winterfest decorations

her Revenue 401,762 326,585 balance brought forward in Mounted unit donation account; 1,415 Beach wheelchair

donation; 73,440 Tree of Life project balance brought forward; 322 interest earned on prior year

project balance

propriated Fund Balance 1,059,855 305,601 FY 12 Room Tax over estimate; 87,531 FY 12 unspent advertising funds; 400,000 Inlet Lotparking controls; 221,722 prior year purchase orders; 36,000 District Court roof; 9,001 Airport

mower attachment

1,780,198

neral Fund Expenses:

neral Government 712 Prior Year purchase orders

blic Safety 590,286 67,529 prior year purchase orders; 160,287 prior year grant balances; 35,885 FY 13 Public Safety

grants; 326,585 Mounted unit donation balance;

blic Works/Beach Maintenance 429,138 9,172 prior year purchase orders; 400,000 Inlet Lot parking controls; 36,000 District Court roof;

(27,791) Sunfest labor expense; 11,757 Critical Areas project balances;

ghways and Streets 18,909 4,066 prior year purchase orders; 26,306 Stormwater mitigation project balances; (11,463) Sunfest

labor expenseonomic Development - Tourism 497,774 92,903 prior year purchase orders; 622,800 increase in advertising budget; (270,000) reduction of

advertising budget due to loss of County Tourism grant; 46,071 Sunfest labor expense; 6,000

Sunset Park Winterfest decorations

lture and Recreation 234,378 47,340 prior year purchase orders; 119,000 NSP Outdoor exercise equipment; 73,440 Tree of Life

Project balance; 1,415 Beach wheelchair donation; (6,817) Sunfest labor expense

ansfer to Airport 9,001 Additional funding for mower attachment

1,780,198


39/82

ater Fund Revenue:

or Year Reserves 59,158 Prior year purchase orders

59,158

ater Fund Expenses:

n-Personal Services 59,158 Prior year purchase orders

59,158

ansportation Fund Revenue:

s Revenue (6,500) Budgeted local match for grant purchases was $203,000. Actual amount was $196,500.

General Fund contribution kept in Transportation and used to lower revenue estimate

deral and State Grants 417,058 475,449 prior year grant balances brought forward; (58,391) grant adjustments

pital Asset Sales 12,930 Proceeds from bus sale

or Year Reserves 53,981 1,153 prior year purchase orders; 52,828 prior year grant balances brought forward

477,469

ansportation Fund Expenses:

n-Personal Services 270,310 1,153 prior year purchase orders; 12,930 purchase of bus shelters; 253,277 prior year grant balances

2,950 grant revision

pital Outlay 207,159 275,000 prior year grant balance; (67,841) grant adjustments

477,469

astewater Fund Revenue:


astewater Fund Expenses:



40/82


41/82

rvice Center Revenue:


rvice Center Expenses:


hicle Trust Fund Revenue:

rvice Charges to Other Funds (35,361) Reduction in cellular antenna rental estimates

ate and Federal Grants 1,618,293 1,267,493 prior year grant balances (bus purchase); 350,800 additional grant funds

or Year Reserves 140,833 Local match portion of prior year grant balances

1,723,765

hicle Trust Fund Expenses:

n-Personal Services 25,000 Fund removal of equipment from water tower during painting

pital Outlay 1,698,765 1,408,326 prior year grant balances brought forward; 350,800 additional grant funds;

(60,361) reduction of contingency for radio purchase

1,723,765

sk Management Revenue:

or Year Reserves 854 Prior year purchase orders

sk Management Expenses:

n-Personal Services/Claims 854 Prior year purchase orders


42/82



C. First Reading Ordinance to Amend Chapter 110,Entitled Zoning (to permit miniature golf as aconditional use in the Downtown Mixed Use zoningdistrict)


43/82

336 TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilFROM: David L. Recor, ICMA-CM, City ManagerRE: Code amendment adding miniature golf as conditional use in the DMX zoneDATE: February 27, 2013

ISSUE(S): First reading of ordinance to amend zoning code

SUMMARY: This ordinance will reinsert language in the DMX zone to allowthis low-impact commercial use to be reviewed through theConditional Use process in order to protect the surrounding

neighborhoods.

The Planning Commission unanimously recommends this codeamendment after the public hearing held on January 23, 2013.

FISCAL IMPACT: Income generating, low-impact commercial use anticipatedwithin a mixed-use, commercial/residential district.


ALTERNATIVES: None

RESPONSIBLE STAFF: Matthew G. Margotta, AICP, Director of Planning & CommunityDevelopmentR. Blaine Smith, Assistant Director of Planning & Zoning

COORDINATED WITH: Glenn Irwin, Executive Director, Ocean City Development Corp.Planning Commission

ATTACHMENT(S): Ordinance

Agenda Item # 11C



44/82


ORDINANCE 2013-

AN ORDINANCE TO AMEND CHAPTER 110,ENTITLED ZONING,OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR ANDCITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THECODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND IT IS HEREBY,AMENDED BY ADDING SUBSECTION 8 TO SECTION 110-664, AS FOLLOWS:

Sec. 110-664. Uses permitted by conditional use.. . .

(8) Miniature golf.

INTRODUCED at a meeting of the City Council of Ocean City, Maryland held onMarch 4, 2013.

ADOPTED AND PASSED, by the required vote of the elected membership of theCity Council and approved by the Mayor at its meeting held on March 18, 2013.

ATTEST:

______________________________ _______________________________________KELLY ALLMOND, Clerk RICHARD W. MEEHAN, Mayor




45/82



D. First Reading Ordinance to Amend Chapter 110,Entitled Zoning (to clarify the calculation of requiredparking for Mixed Use development)


46/82

TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Matthew G. Margotta, AICP, Director of Planning & Community DevelopmentRE: Code amendment determining how to calculate required parking in mixed usesDATE: February 27, 2013

ISSUE(S): First reading of ordinance to provide clarity for calculation ofrequired parking in mixed uses

SUMMARY: Having received a legal challenge to interpretation & practiceinvolving a mixed-use project, the Planning Commissiondetermined it was necessary to amend the existing language.

The Planning Commission unanimously recommends theproposed new language to make the Code explicit to reflect ourongoing policies after the public hearing held on November 20,2012.

FISCAL IMPACT: None


ALTERNATIVES: None

RESPONSIBLE STAFF: Matthew G. Margotta, AICP, Director of Planning & CommunityDevelopmentR. Blaine Smith, Assistant Director, Planning & Zoning

COORDINATED WITH: Planning Commission

ATTACHMENT(S): Ordinance

Agenda Item # 11D



47/82


ORDINANCE 2013-

AN ORDINANCE TO AMEND CHAPTER 110,ENTITLED ZONING,OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR ANDCITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THECODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND THAT SAME ISHEREBY, AMENDED BY REPEALING AND REENACTING WITH AMENDMENTSUBSECTION 10-922(e) AND SUBSECTION 110-933(k), AS FOLLOWS:

Sec. 110-933. Interpretation of minimal requirements:

. . .

(e) Where a fractional space results after tabulating the total number of requiredspaces, the parking spaces required shall be construed to be the next highest whole number.

(k) In the case of mixed uses, or uses with different parking requirements occupyingthe same building or premises, or in the case of joint use of a building or premises by morethan one that one use having the same parking requirements, the parking spaces required shallequal the sum of the requirements of the various uses computer separately, except that in suchmixed uses the computation shall not be subject to the base minimum requirement specificedin Section 110-932(b) above for individual uses; and that the parking requirements forpermitted accessory retail and services uses in a hotel, motor or motor lodge containing 50 ormore dwelling units may be reduced by the following percentages:

(1) Retail sales, offices and service establishments, 30 percent;(2) Restaurants and dining rooms, 50 percent;(3) Ballrooms, banquet halls, meeting rooms and auditoriums, 70 percent.

INTRODUCED at a meeting of the City Council of Ocean City, Maryland held onMarch 4, 2013.

ADOPTED AND PASSED, by the required vote of the elected membership of theCity Council and approved by the Mayor at its meeting held on March 18, 2013.


48/82

ATTEST:

______________________________ _______________________________________KELLY ALLMOND, Clerk RICHARD W. MEEHAN, Mayor




49/82



E. Resolution Authorizing the Sale of Surplus PersonalProperty (four (4) trolley style buses)


50/82

TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: George Thornes, Superintendent of TransportationRE: Disposal of Surplus PropertyDATE: February 27, 2013

ISSUE(S): Disposal of surplus property

SUMMARY: Propose to sell the four (4) remaining trolleys. Tri-County Councilfor the Lower Eastern Shore of Maryland is interested in

purchasing two (2) trolleys. Delmarva Community Actionexpressed interest in purchasing the other two (2) trolleys.

FISCAL IMPACT: Increase in revenue of $26,760.

RECOMMENDATION: Approve the sale of four (4) trolleys. The sale would becontingent on the MTAs approval.

ALTERNATIVES: Do not approve sale.

RESPONSIBLE STAFF: George Thornes, Superintendent of Transportation

COORDINATED WITH: Hal Adkins, Director of Publics WorksJoe Sobczak, Director of General Services

ATTACHMENT(S): Description of trolley program and justification to sell.

Agenda Item # 11E



51/82

To: David L. Recor, ICMA CM, City Manager

From: George T. Thornes, Superintendent of Transportation

Ref: Sale of Surplus Items

Date: February 27, 2013

In 2002 we received a grant to purchase eight trolleys. In 2006 the trolleys were put inservice and used for three seasons. During the three-year period that followed, differentroutes were established in an effort to market the trolleys. Service was offered during ourpeak times of 4 p.m. through midnight, start times may have varied. Each route was metwith extremely low ridership and high operating costs. Since disbandment of dailytrolley service in 2009, we have used the remaining trolleys very little. We have madeevery effort possible to operate the trolleys in a manner that is beneficial to our transitsystem. The end result is basically the equipment does meet our needs in the transit

system.

As we head toward the summer of 2013, nothing operationally has changed that wouldeffect the manner in which we use these trolleys. Additionally, the Tri-County Councilfor the Lower Eastern Shore of Maryland and Delmarva Community Action hasexpressed interest in purchasing two each.

When considering this issue, please realize the Federal Transit Administration (FTA)guidelines state: if the rolling stock in question has not reached the useful life, they (FTA)will retain an investment in it until the useful life has been met. In this case the usefullife will be met in 2015. The original purchase price of the Trolleys was $133,900. each

with a local match of $13,390 each. Nomad Transportation, LLC appraised the trolleysfor us, which resulted in a value of $66,900 each. Ocean City would receive $6,690 foreach Trolley that is sold. The proceeds from the sale will go in an account to be used at alater date to purchase capital items.

Based on the above information, I am seeking the approval of the Mayor and CityCouncil to sell the trolleys individually. As always, this sale would be contingent on theMTAs approval. I will be in attendance on Monday 04, 2013 to answer any questionsyou may have.

CC: Hal Adkins, Director of Public WorksJim Parsons, Chief Deputy Director of UtilitiesBrian Connor, Assist. Superintendent of Transportation


52/82


53/82



F. Resolution Authorizing the City Manager to File anApplication with the Maryland Transit Administrationfor Grants


54/82


55/82


56/82

Approved as to form: _______________________________________

LLOYD MARTIN, President


CERTIFICATE

I DO HEREBY CERTIFY that on March 4, 2013 Richard W. Meehan, Mayor andLloyd Martin, President, did in fact before us this date, sign and execute this application and theforegoing Resolution, being authorized so to do, and further that the foregoing Resolution is atrue and exact copy.

_______________________________________Kelly Allmond, Clerk


57/82


58/82


59/82


60/82



H. Approval of Ocean City Police Department GeneralOrder 400 D-2, Dealing with Individuals withDisabilities and ADA Requirements


61/82


62/82


63/82


64/82


65/82

Subject: Dealing with Individuals with Disabilities and ADA Requirements G.O. 400 D-2

I. Purpose

This Policy is a means to ensure the Department provides a consistently high level ofservice to all community members, including those affected by a disability. There areapproximately 50 million Americans currently affected by a disability. These people are

entitled to a level of service equivalent to that provided to other persons.

II. Definitions

A. American with Disabilities Act (A.D.A.): A Civil rights law that prohibitsdiscrimination against people with disabilities by employers, businesses, andstate and local governments. As part of state or local government, lawenforcement agencies must make their programs accessible, make new facilitiesaccessible, take steps to communicate effectively, and make reasonablemodifications in policies, practices, and procedures to provide people withdisabilities the same services and protections as provided to other members ofthe public with certain limitations.

B. Mobility Impairment: A condition limiting physical ability; generallyconsidered to include lack of a limb or loss of limb use due to disease,amputation, paralysis, injury, or developmental condition; or limitation ofmovement due to cardiovascular or other disease.

C. Mental Illness: A psychological or behavioral pattern that occurs in anindividual and is thought to cause distress or disability that is not expected aspart of normal development or culture.

D. Mental Retardation: A generalized, triarchic disorder, characterized bysubaverage cognitive functioning and deficits in two or more adaptive behaviors

with onset before the age of 18. Once focused almost entirely on cognition, thedefinition now includes both a component relating to mental functioning and onerelating to the individual's functional skills in their environment.

E. Epilepsy: A common chronic neurological disordercharacterized by recurrentunprovoked seizures. These seizures are transient signs and/or symptoms ofabnormal, excessive or synchronous neuronal activity in the brain.

F. Speech Disorder: A type ofcommunication disorderwhere 'normal' speech isdisrupted. This can mean stuttering, lisps, etc. Someone who is totally unable tospeak due to a speech disorder is considered mute. Sometimes referred to asSpeech Impediments.

G. Blindness: The condition of lacking visual perception due to physiological orneurological factors.

H. Vision Impairment: Vision loss (of a person) having reduced vision as toconstitute a handicap that constitutes a significant limitation ofvisual capabilityresulting from disease, trauma, or a congenital or degenerative condition thatcannot be corrected by conventional means, including refractive correction,medication, or surgery. Also referred to as Visual Impairment.
http://en.wikipedia.org/wiki/Adaptive_behaviorhttp://en.wikipedia.org/wiki/Cognitionhttp://en.wikipedia.org/wiki/Chronic_(medicine)http://en.wikipedia.org/wiki/Neurological_disorderhttp://en.wikipedia.org/wiki/Seizurehttp://en.wikipedia.org/wiki/Communication_disorderhttp://en.wikipedia.org/wiki/Manner_of_articulationhttp://en.wikipedia.org/wiki/Stutteringhttp://en.wikipedia.org/wiki/Lisp_(speech)http://en.wikipedia.org/wiki/Mute_(disorder)http://en.wikipedia.org/wiki/Visual_perceptionhttp://en.wikipedia.org/wiki/Physiologicalhttp://en.wikipedia.org/wiki/Neurologicalhttp://en.wikipedia.org/wiki/Visual_perceptionhttp://en.wikipedia.org/wiki/Diseasehttp://en.wikipedia.org/wiki/Physical_traumahttp://en.wikipedia.org/wiki/Physical_traumahttp://en.wikipedia.org/wiki/Diseasehttp://en.wikipedia.org/wiki/Visual_perceptionhttp://en.wikipedia.org/wiki/Neurologicalhttp://en.wikipedia.org/wiki/Physiologicalhttp://en.wikipedia.org/wiki/Visual_perceptionhttp://en.wikipedia.org/wiki/Mute_(disorder)http://en.wikipedia.org/wiki/Lisp_(speech)http://en.wikipedia.org/wiki/Stutteringhttp://en.wikipedia.org/wiki/Manner_of_articulationhttp://en.wikipedia.org/wiki/Communication_disorderhttp://en.wikipedia.org/wiki/Seizurehttp://en.wikipedia.org/wiki/Neurological_disorderhttp://en.wikipedia.org/wiki/Chronic_(medicine)http://en.wikipedia.org/wiki/Cognitionhttp://en.wikipedia.org/wiki/Adaptive_behavior


66/82


67/82


determined that claims brought under these statutes will be analyzed togetherand the case law interpreting each statute is applicable to both. Title II makes allactivities of state and local governments subject to the same prohibitions againstdiscrimination established by the Rehabilitation Act.

Title II of the ADA applies to law enforcement agencies regardless of whetherthey receive federal grants or other federal funds because law enforcementagencies are deemed to be programs of state or local governments. The ADAaffects the core activities of law enforcement departments including, but notlimited to: receiving citizen complaints; interrogating witnesses; arresting,booking, and holding suspects; operating telephone (911) emergency centers;providing emergency medical services; and enforcing laws. Nothing in Title II, itsregulations, or legislative history suggests that any police activities are excludedfrom Title II coverage.

B. Title II Violation Claim

In order to state a claim for violation of Title II of the ADA, an individual mustprove all of the following:

1. The person is a qualified individual with a disability.

2. The person has been excluded from participation in or denied the benefitsof services, programs, or activities provided by a public entity or wasotherwise discriminated against by the public entity.

3. The persons such exclusion, denial or discrimination was because of thepersons disability.

A person is considered to have a disability if the person has any of the following:

1. A physical or mental impairment that substantially limits one or moremajor life activities;

2. Has a record of such impairment; or

3. Is regarded as having such impairment.

C. Potential Liability for Title II Violations

Not all complaints are initially filed by plaintiffs in federal court. An aggrieved

individual can seek redress by filing a complaint with the United StatesDepartment of Justice (DOJ). The DOJ is authorized under 28 C.F.R. Part 35,Subpart F and 28 C.F.R. 35.104 to conduct compliance reviews and todetermine an entitys compliance with Title II of the ADA. The DOJ is authorizedto issue findings, and, where appropriate, negotiate and secure voluntarycompliance agreements. Additionally, the Attorney General of the United Statesis authorized pursuant to 42 U.S.C. 12133 to bring a civil action to enforce TitleII of the ADA if the DOJ is unable to secure voluntary compliance. The mandatesgiven by the DOJ to offending law enforcement agencies through settlement


68/82


agreements and consent decrees are strict and leave the agency subject to DOJoversight and compliance reviews at any time. Failure to conform with therequirements of the settlement agreement or consent decree exposes theagency to the potential for a civil action in federal court brought by the DOJ todemand specific compliance with the provisions and terms of the settlement

agreement or consent decrees.

D. Examples of Title II Violations -As a result of arrests by law enforcement :

1. Wrongful Arrest:

The wrongful arrest theory arises when police have wrongfully arrestedsomeone with a disability because they misperceived the effects of thatdisability as criminal activity. An example of this type of discrimination iswhen the police mistake the symptoms of an individuals stroke foroperating under the influence and arrest him. Congress specificallyaddressed this type of wrongful arrest discrimination when the House

Judiciary Committee stated that people with disabilities such as epilepsyare frequently inappropriately arrested and jailed because police officershave not received proper training in the recognition of and aid ofseizures.

The DOJ recognizes some of the common problems that people withdisabilities have when dealing with law enforcement personnel. Theseproblems can form the basis for claims of wrongful arrest if the lawenforcement personnel misperceive an individuals conduct based upon adisability as unlawful or suspicious conduct.

a. Unexpected actions taken by some individuals with disabilities

may be misconstrued by officers as suspicious or illegal activity oruncooperative behavior.

b. Individuals who are deaf or hearing impaired or who have speechdisabilities or mental retardation, or who are blind or visuallyimpaired may not recognize or be able to respond to policedirections. These individuals may erroneously be perceived asuncooperative.

c. Some people with disabilities may have a staggering gait orslurred speech as a result of their disabilities or the medicationsthey take. These characteristics, which can be associated with

neurological disabilities, mental or emotional disturbances orconditions, or medical conditions such as hypoglycemia, may bemisperceived as intoxication.

The wrongful arrest theory, however, is not applicable when theplaintiffs actions were unlawful at the time of the arrest.


69/82


70/82


71/82


72/82


73/82


a. May be unable to organize their thoughts or understand abstractconcepts. May also be easily confused or even distracted.

b. Often possesses a very strong desire to please and may pretendto understand when they do not.

c. May have difficulty describing what happened and may giverepetitive responses to questions.

d Differ primarily in the rate at which they learn. This condition maynot be immediately obvious to police personnel interacting with aperson having mental retardation.

B. Specific Guidelines

1. Explain fully inform the disabled person who the investigating officer isand what the investigating officer expects of the disabled person.

2. Use simple language - avoid complicated and yes/no questions. Thedisabled person may simply tell the officer what the disabled personthinks the officer wants to hear.

3. Address one issue at a time the officer should make sure that thedisabled person understands before moving to the next issue/question.

4. Develop a rapport with the disabled person. Taking the time to do this willoften help the officer get better information.

5. Be calm and patient generally, interviewing a person with mental

retardation will require more time.

IX. Specific Guidelines for Interacting with Americans with Disabilities Epilepsy orSeizure Disorders

A. General

Chronic neurological disorder is caused by brief malfunctions in the brain whenan overload of electrical energy passes through the cells. Mild seizures resemblealcohol and/or or drug intoxication. Personnel should void physical contact withthe disabled person but attempt to direct them in an attempt to avoid physicalinjury to the disabled person. Persons affected by seizures are usually non-

responsive during an episode.


1. Personnel should be alert for seizure symptoms. Some of thesesymptoms can include the following:

Black out, confusion, deafness/ sounds, electric shock feeling, loss ofconsciousness, smell, spacing out, out of body experience, visual loss or


74/82


blurring, fear/ pain, chewing movements, convulsion, difficulty talking,drooling, eyelid fluttering, eyes rolling up, falling down, foot stomping,hand waving, inability to move, incontinence, lip smacking, makingsounds, shaking, staring, stiffening, swallowing, sweating, teethclenching/ grinding, tongue biting, tremors, twitching movements,

breathing movements, breathing difficulty, heart racing.

2. Protect the person from injury during the episode by guiding them towardsafe areas but dont restrain them.

3. Place nothing in their mouth.

4. Offer assistance during recovery period after the episode subsides.

5. If they are in police custody make sure they get their medications on time.

6. If a person is arrested and they have a seizure medicine it is important

that they be allowed to take the medication.

X. Specific Guidelines for Interacting with Americans with Disabilities SpeechImpairment

A. General

A speech impairment refers to an impaired ability to produce speech sounds andmay range from mild to severe. It may include an articulation disorder,characterized by omissions or distortions of speech sounds; a fluency disorder,characterized by atypical flow, rhythm, and/or repetitions of sounds; or a voicedisorder, characterized by abnormal pitch, volume, resonance, vocal quality, or

duration.


1. Dont assume the disabled persons speech is directly related to theirintellect. There may not be any association with one another.

2. Personnel should attempt to calm the disabled person before asking thedisabled person questions.

3. Personnel should be patient, listen carefully, and repeat back to thedisabled person what was heard said by him/her.

4. Personnel should not interrupt or try to finish the disabled personssentence.

5. Ask the disabled person to repeat or rephrase their response, if thatdoesnt help use pencil and paper to gather their responses.

6. Personnel should not pretend to understand the disabled persons answerif in fact the answer was not understood.


75/82


76/82


9 to 22 out of every 1,000 people are included. If everyone with some sort of"trouble" with hearing is included, this includes from 37 to 140 out of every 1,000people. Plainly, this includes a significant portion of the community, and hearingdifficulties are especially prevalent among the elderly, already a particularlyvulnerable segment of the community.

Effective communication with a person who is deaf or hard of hearing involved inan incident whether as a victim, witness, suspect, or arrestee is essential inascertaining what actually occurred, the urgency of the matter, and the type ofsituation.

In some situations, the use of auxiliary aids or services will be required. To serveeach individual effectively, primary consideration should be given to providing thetype of communication aid or service requested by the individual. Personnelshould find out from the person who is deaf or hard of hearing what type ofauxiliary aid or service he or she needs.

In situations when a non-disabled person would have access to a telephone,personnel must provide persons who are deaf or hard of hearing the opportunityto place calls using a teletypewriter (TTY, also known as a telecommunicationsdevice for deaf people, or TDD). Personnel must also accept telephone callsplaced by persons who are deaf or hard of hearing through TelecommunicationsRelay Service.

The Department will maintain a list of sign language and oral interpretingservices that are available (on-call 24 hours per day) and willing to providequalified interpreters as needed. Each of these services will be chosen afterhaving been screened for the quality and skill of its interpreters, its reliability, andother factors such as cost. The Department will update this list annually.


1. Before speaking with the disabled person, personnel should gently getthe disabled persons attention.

2. Personnel should face the disabled person and shouldnt turn away whilespeaking.

3. If an interpreter is used, personnel should speak directly to the deafperson, not the interpreter

4. Personnel should speak at a normal rate and assure only one personspeaks at a given time.

5. Personnel should attempt to use short sentences and simple words.

6. If the disabled person is using a hearing aid, personnel shouldnt assumethe disabled persons hearing is normal.


77/82


7. Personnel should attempt to minimize background noise and distractionswhenever possible.

8. Personnel should try to converse with the disabled person in a well litarea. Personnel should be aware not to cover their mouth or chew gum

while speaking with the disabled person.

9. Family members or children should not be used as interpreters.

XIII. Specific Guidelines for Interacting with Americans with Disabilities Those UsingService Animals

A. General Guideline

1. Service animals perform some of the functions and tasks that anindividual with a disability cannot perform for him or herself, or mayprovide emotional comfort to those suffering from emotional disabilities.

Most people are familiar with guide dogs that assist the visually impaired,but there are service animals that provide other kinds of assistance,including:

a. Alerting person with hearing impairment to sounds;

b. Pulling wheelchairs or carrying and picking up items for personwith mobility impairment;

c. Assisting persons with mobility impairments with balance

2. Service animals are not pets, and often they wear special harnesses orcollars. Some, but not all, are licensed or certified as service animals.Because not all are certified, it is improper to deny service to a personwho has a service animal for lack of certification. You may ask theperson if the animal is a pet or a service animal, but proof of disability isnot required, and accommodations should not be denied for lack ofmedical certification.

3. Persons with service animals must be permitted to have the animalaccompany them to all areas of a facility to which the public is normallyadmitted, even into facilities that have a no pets policy.

B. Specific Guidelines Police Care and Custody at Public Safety Building

1. The care and custody of the service animal is solely the responsibility ofhis or her owner. The Department is not required to provide care or foodor a special location for the animal.

2. The Department may exclude any service animal whose behavior posesa direct threat to the health and safety of others. You may exclude ananimal who demonstrates ill behavior, but you may not assume how aparticular animal will behave. Each situation must be consideredindividually.


78/82


3. If the service animal is a miniature horse, in determining whetherreasonable modifications in policies, practices, or procedures can bemade to allow a miniature horse into a specific facility, personnelshall consider:

a. The type, size, and weight of the miniature horse andwhether the facility can accommodate these features;

b. Whether the handler has sufficient control of the miniaturehorse;

c. Whether the miniature horse is housebroken; and

d. Whether the miniature horse's presence in a specificfacility compromises legitimate safety requirements thatare necessary for safe operation.

4. If it is determined that admitting a service animal would fundamentallyalter the way in which the Department does business, the animal may beexcluded.

5. Reasonable efforts must be made to accommodate the service animal,acknowledging the fact that a disabled person who is in police custody isunder stress, perhaps beyond that experienced by fully capable persons.

XIV. Reporting

A. General

When personnel come in contact with disabled persons as outlined within thisPolicy, he/she shall contact his/her supervisor during the time of the call andreport the nature of service and/or incident being investigated. It is not necessaryfor the disabled person to report their condition nor request a reasonableaccommodation for personnel to contact their supervisor.

B. Reportable Offense

If the offense in which the officer comes in contact with the disabled person is areportable offense then the officer shall document the incident in the policereport.

C. Non-Reportable Offense

If the offense in which the officer comes in contact with the disabled person is anon-reportable offense then the officer shall document the incident in the callnotes section of the officers MCT.


79/82


80/82


81/82


82/82

REGULAR SESSION -MAYOR AND CITY COUNCIL

MONDAY, MARCH 4, 2013

13 COMMENTS FROM MAYOR AND CITY COUNCIL

march 4 2013 complete agenda

Documents