this is the page for the agenda for the council

The following is the link to the Town of Oakland, Maryland's ordinances/code. This includes the Oakland Zoning Ordinance:

E-Code for Town of Oakland, MD

The following contains the proposed agenda for the next meeting, the roster of officials elected to serve Oakland, and the most recent month of minutes approved by the Mayor and Town Council.

Proposed Agenda

October 6, 2008

7:00 PM Boy Scout Troop #1

7:30 PM

- Approval of Minutes

- Monthly Financial Report (September)

- Utility Bill Adjustment Requests –

- Discussion on Non-Conforming Use Committee

- Discussion on Oakland Police Department issues

- Resolution R2008-12, Resolution for participation in the Geocache Trail Program

- Approval of bills

- Committee Reports

ROSTER OF MUNICIPAL OFFICIALS FOR THE

TOWN OF OAKLAND, MARYLAND

NAME POSITION ELECTED/APPOINTED TERM ENDS

Asa M. McCain Mayor April 2008 March 2010

Peggy Jamison Council President April 2008 March 2010

Jay Moyer Councilman April 2007 March 2009

Sherwin Teagarden Councilman April 2008 March 2010

Terry Helbig Councilman April 2007 March 2009

Jack Riley Councilman April 2007 March 2009

Lois Swartzentruber Councilperson April 2008 March 2010

RECENTLY APPROVED MINUTES

APPROVED MINUTES Oakland, MD August 18, 2008

Present at a work session of the Mayor and Town Council of Oakland held at 5:30 PM were the following:

Asa M. McCain Mayor

Peggy Jamison President

Jay Moyer

Sherwin Teagarden

Terry Helbig

Jack Riley

Lois Swartzentruber

Also present were Bob Rudy, John Sines, Ernest Alexander, Randy Wright, Randy Sharpless, and Bill Ashby.

Peggy Jamison opened the work session of the Mayor and Town Council and noted that she would like to hear from Randy Sharpless, Oakland Water Superintendent first. Mr. Sharpless noted that they still have valves down at the Broadford Plant, which means that they have to operate the plant manually. He noted that he has continued to check on the progress of the Water and Sewer main installation by Winter’s Construction along Route 219 North to the Lowe’s site. He stated that the water main is on the right side of the road going out of Town, and the sewer is on the left side of Route 219. Discussion followed regarding a quote for $6,000 from Winter’s Construction to bore across Route 219, near Knoll Crest Heights, to run a 10” casing for water. Council agreed that while the contractor is on-site, we should have him take care of this for the Town. Mr. Sharpless also explained that his department had been flushing hydrants throughout Town. He also noted that he had recently gotten the bactii readings for Broadford and they were very good.

Ms. Jamison noted that Bill Ashby, Street Superintendent was present to discuss issues regarding his department. He stated that the majority of the paving is complete, and totals $912,000. He noted that he would like to complete the remainder of the roads bid out, however, at a minimum, he would like to complete Leighton and Sonny Drive, Alley 12, Gilmore Street and North Fourth Street. This would bring the total to about $996,000. He explained that the remaining roads were Vista Square, Highview Drive, Bankers Alley, and the Cemetery Entrance, Hinebaugh Lane, Alley 16, Omar Street, and Pennington Street. Council noted that they had already approved up to 1 million of paving, and would decide at the next regular meeting on September 2, 2008 whether or not to finish the remaining roads. There was discussion about the issue with the horses for Wonderful Wednesday’s carriage rides, and the possible damage to the newly paved streets. It was noted that the damage was probably only cosmetic and would not be noticeable as soon as the roads weathered a little bit.

Mr. Ashby also noted that at the request of Councilman Helbig, because of concerns at the Historical Society on Second Street, they had taken pictures and checked the underground area of Wilson Creek. He noted that he is not a structural engineer, however, he did not see any immediate problems. Mr. Helbig noted that he would contact Scheffel’s, at Allegheny Welding, since they had previously done work to strengthen the supports in the Second Street area.

Mr. Ashby explained that he would try and get his department to work on the assembly of the playground equipment stored outside at Broadford Park, either late September or early October. He noted that the paving project has taken a great deal of his department’s time this summer, and as a result they have not been able to get to it.

Terry Helbig inquired about the mowing of the flood control dams. It was the consensus of the Council that the dams are off limits to Town employees because we have no documentation that the dams are our responsibility. Mayor McCain explained that after the problems and circumstances last spring in which the Town was left holding a $40,000 expense because of the State of Maryland’s Department of the Environment’s directives, we would no longer have anything to do with the dams and as far as we were concerned they should be the responsibility of whoever maintains the other dams.

Mayor McCain gave an update regarding the Frazee Estates Drive road project. He noted that he had spoken with Steve Pearce of the State Highway Administration, who was responsible for reviewing and approving the final package for the project. He noted that Mr. Pearce had informed the Mayor that he would get us an answer of final approval to award the bid to Frank Arnold Contractors by Tuesday, August 19^th.

Bob Rudy, Chairman of the Oakland Planning Commission, addressed Council regarding the concerns of the members of his Commission and himself, with the proposed Comprehensive Plan being proposed by Jakubiak and Associates. Mr. Rudy noted that at a recent presentation of the proposed Plan, his Commission noted their dissatisfaction with the proposed Plan, and noted that the focus of the Plan is not consistent with the will and direction of the Oakland Planning Commission’s focus and idea for the Plan, and therefore, the consultant should be put on notice as such. Mr. Rudy explained that the current proposal has many trap doors which will restrict the development of Oakland over the next 25 years. He noted that he does not feel the consultant understands the direction and marching orders of the representatives of the Town. He further stated that the Oakland Planning Commission would not recommend the Town even consider adopting the currently proposed draft. Council decided to notify the Consultant of the concerns and dissatisfaction and request a meeting to iron out these concerns.

Council provided Mr. Rudy a copy of a letter from Town Attorney, Bob Watson with regard to the issue of the non-conforming use permits. Council noted they would like to set up a committee to work on this and would like the input of the Planning Commission with regard to a Plan for carrying out the intent of the letter. Council agreed to discuss this issue at a future meeting.

Discussion then moved to issues with regard to the Police Department. Chief Sines introduced Officer Randy Wright, and noted that Officer Wright had recently completed all of his training. There was discussion regarding the letter written by Chief Sines which was recently read by Lois Swartzentruber. Ms. Swartzentruber noted she had met with the Oakland Police Officers on August 13^th to address their concerns, and they had met with Mayor McCain, Chief Sines, Sergeant Alexander, and Officer Wright just prior to this meeting to address some issues. She noted she felt the work session was the ideal time to address their concerns and so had asked them to stay for the work session. She noted that it was important to have open dialog with the department. She asked Officer Wright to explain some new requirements of the Police Agencies. Officer Wright noted that some new regulations, National Incident Management System also known as NIMS, was initiated by the Federal Government, after the September 11^th terrorist tragedy and the law enforcement agencies had until 2012 to become NIMS compliant. He noted that there was an equipment list in accordance with Presidential Order #4 and #5, under the Department of Homeland Security. It was noted that the Town of Oakland had previously requested Homeland Security grant money for various equipment, but thus far had gotten absolutely nothing. Sherwin Teagarden wondered why we had never heard anything about this NIMS Program before. Council agreed that Chief Sines should check with other departments, such as Frostburg and Cumberland, and see what they are doing or have done, and that we should check with Jim Peck at the Maryland Municipal League to see what he could advise us.

Additional discussion followed regarding the request of the Police Department for retiree insurance. Sherwin Teagarden explained that the Police had been given the choice of LEOPS (Law Enforcement Officers Pension System) an upgraded pension for police officers through the State of Maryland Retirement System, or retiree insurance and they chose LEOPS. Officer Alexander noted that he was only given one week to choose between retiree insurance and LEOPS, and that he had asked questions and was not given any answers. Council explained that the police officers were the ones who wanted LEOPS by July 1^st, 2006, and thus they, the police officers, had created the rush. Ms. Jamison noted that with regard to Officer Alexander’s questions, we did not have any answers at that time because everything was so rushed.

The issue of the Wastewater Department vehicle being transferred to the Police Department was then discussed. It was noted that eventually we would be hiring a Wastewater Superintendent who would need that vehicle. It was noted that the vehicle was nearly brand new and could not simply be given to the Police Department.

There was further discussion about the issue of increasing the salaries for the current officers. Council discussed the issue of only having four officers rather than five. It was noted that the budget for fiscal year 2009 was already approved. Council noted that Ms. Swartzentruber should obtain costs for each of these expenses.

Mayor McCain noted that there were several trees on Second Street which were marked that needed to come down. He noted that only one would be removed by Allegheny Power, and the others would be the Town’s responsibility. Council agreed that we should get quotes for the removal of the remaining trees.

The work session ended at 7:45 PM.

APPROVED MINUTES Oakland, MD August 4, 2008

Present at the regular meeting of the Mayor and Town Council of Oakland held at 7:00 PM were the following:

Asa M. McCain Mayor

Peggy Jamison President

Sherwin Teagarden

Terry Helbig

Jack Riley

Lois Swartzentruber

Jay Moyer was not present for the meeting

Also present were the following Charlie & Cherie Ross, Jim Johnson, Ernest Alexander, Aaron White, Bob Ault, Bob Rodeheaver, Robert Oberlander, Jack Cougle, Connie Margison, Rudy Cvetnick, Dave Beard, Dan Hauger, and Randy Sharpless.

The meeting was called to order by Peggy Jamison at which time she noted that the Mayor and Council had received a copy of a resolution in their packet relating to the Conduct for Meetings. She noted that this resolution R2002-01 was adopted some time ago, and she wanted to make the Council aware of the resolution. She also noted that a second resolution R2002-24, which was not included in their packets allows for recording, and or videotaping of meetings. She noted that the Council always tape records the meetings, however, she noted that this evening, the meeting was being videotaped by TV3.

Ms. Jamison then noted that the minutes of the June 2, 2008 meeting needed to be approved. She noted that some minor changes had been made to the minutes. Jack Riley made a motion to approve the minutes as submitted, seconded by Terry Helbig, carried. Lois Swartzentruber opposed the motion.

Ms. Jamison also explained that the minutes of the July 7, 2008 regular meeting, and the July 21^st public hearing and work session needed action by the Council. Jack Riley made a motion to approve the minutes of the July 7^th meeting, and the July 21^st public hearing and work session. The motion was seconded by Sherwin Teagarden, and carried unanimously.

The next item on the agenda was the Financial Statements for the months of June 2008 and July 2008. There were no questions, and so Sherwin Teagarden made a motion to approve the reports for June and July as submitted by the Clerk. The motion was seconded by Jack Riley and carried unanimously.

Discussion then moved to the e-mail from Sherry Leader who lives on High Street in Oakland, and the response from the Traffic Advisory Committee. It was noted that the Traffic Advisory Committee was looking into the issue and would get back to us in the near future. The letter also noted that they would be doing a “saturation” effort to combat speeding the week of August 25^th on High Street and some other major problem areas. It was noted that a copy of the letter should be sent to Sherry Leader.

The Council then moved discussion to the proposed ordinance O2008-05, which would amend the Zoning Ordinance to allow neighborhood convenience shopping in residential areas. Following much discussion, Jack Riley made a motion to table the ordinance. The motion was seconded by Sherwin Teagarden and carried unanimously.

Ms. Jamison noted that the next agenda item was the proposed agreement from the Commissioners, which would be between the Town of Oakland, the Town of Mt. Lake Park, and the Garrett County Commissioners. The purpose of the Agreement is providing jurisdictional authority to allow the Oakland Police Department the ability to enforce state and local laws within the boundaries of Broadford Lake Recreation Area. It was noted that the Town’s Police Professional Liability Policy covers our officers at Broadford Park. Jack Riley made a motion to approve the Agreement as outlined and provided by the County with the Town of Mt. Lake Park and the Garrett County Commissioners. The motion was seconded by Sherwin Teagarden. There was discussion in which it was noted that Chief Sines had seen the Agreement. The motion carried unanimously.

The discussion then moved to correspondence received from Attorney Bob Watson regarding the issue of non-conforming uses. Jack Riley suggested that we should establish a committee whose first responsibility would be to establish a reasonable plan with timelines for completing certain segments of the task. It was noted that perhaps members of the committee should include a variety of people, including residents, representatives from the Town Council, the Planning Commission, and the Appeals Board, as well as possibly Dan Hauger.

The next item on the agenda was the issue of the draft of the Garrett County Comprehensive Plan. It was noted that John Nelson had asked for the Town’s comments by August 11, 2008. Mayor McCain noted that he had reviewed the County Plan and had originally had some questions regarding projections for population estimates for Oakland, but he felt those had been resolved. It was noted that an offer had been made to the Planning Commission to stop by and review the Plan, and that Bob Rudy, Chairman of the Oakland Planning Commission had asked Stan Grimm to review the Plan. Mr. Grimm was in the process of reviewing it on behalf of the Planning Commission.

It was noted that the Town of Oakland Comprehensive Plan was also in the process of being updated and that the consultant, Jakubiak, who was doing the proposed updates would be presenting the draft at a meeting on August 14, 2008 to the Mayor, Council and Planning Commission members. It was noted that Jakubiak would be giving an overview to the towns of Mt. Lake Park, Deer Park, and Kitzmiller as well as Oakland.

Dan Hauger then came before Council to discuss the problems with the Laura Lowers Property at 212/214 South Second Street in Oakland, next to the railroad tracks. It was noted that the owners of the property have not done anything to remedy the conditions of the unsafe building, and their deadline and extension have passed. Mr. Hauger noted that the next step would be to fine them $500 and to order them to correct the violation. If they refuse, we will be forced to take them to court and request an order for demolition. Terry Helbig noted that the building has no historic significance, and that it is a safety hazard to the general public, an attractive nuisance for children, and it must be a safety hazard for CSX. Mayor McCain noted that the Planning and Zoning Office had an open zoning permit for the building, and that Jim Torrington of the Planning Office had sent the Lowers’ letters and they had never responded. Mayor McCain noted that perhaps the building is even on the CSX right-of-way. Council agreed to have Mr. Hauger proceed with the fine and then on to court if the Lowers’ do not respond to correct the problem. Terry Helbig noted that with regard to demolition, whoever does this may need Railroad Protective Liability Insurance. Jack Riley noted we should not demolish the building until we know for sure who owns the property and has the right-of-way.

Discussion moved to the Grimm property at the corner of Second and Oak Streets. Dan Hauger noted that they have put up the barriers as directed, however, they still have an open pit area which may present a danger. Jack Riley recommended that we do nothing at the present time, since they have complied with our request for barriers, however, he noted that we should periodically check with them to see if they are moving forward with their plans. Terry Helbig noted that perhaps we should consider having them place a barrier on the South side of the building.

The Council then moved discussion to the property at 7^th and Alder Streets, owned by Michelle Hogan and Dan Bennett. Terry Helbig noted that he had taken pictures of the historic building, and that perhaps it is also unsafe. He noted a problem with the chimney, mold on the building, and a large hole in the yard. Dan Hauger noted we had turned the property over to him for high grass, and when he checked the property out, the grass was mowed, so he closed the case. He did not know the Town had requested the property to be mowed. Council discussed a bill for $543 for the clean-up of the property, from Stan Paugh, and Mr. Hauger noted that he could not assist us in collecting this, since he had closed the case. Jack Riley made a motion to pay Mr. Paugh what we owed him and to send a bill to the owners for this expense. The motion was seconded by Sherwin Teagarden and carried unanimously.

Terry Helbig then made a motion to have Mr. Paugh continue to cut the grass every week at the Hogan/Bennett property, and the Town would pay Mr. Paugh and bill the property owner. The motion was seconded by Lois Swartzentruber. There was discussion in which Sherwin Teagarden and Jack Riley questioned if the Town should be involved in this situation of cutting grass for absentee landlords. Dan Hauger noted that he would recommend we let the property go to violation, and then he would send the notice of violation and let the code enforcement process go through its normal course of fines. Then if we contract with someone to mow, Mr. Hauger can collect it through the court process. Terry Helbig and Lois Swartzentruber agreed to table the motion and second.

Terry Helbig then made a motion to let the property go into violation and allow Mr. Hauger to run the property through the Code Enforcement process, by sending the fine, and then contracting with someone to mow. The motion was seconded by Lois Swartzentruber and carried unanimously. It was noted that we should contact Mr. Paugh and let him know of the Council’s decision.

Council then discussed the property owned by Richard Elliott at the corner of 6^th and Alder Streets. It was noted that the building has been in a state of remodel with construction debris and equipment for six years. Council agreed that we should turn this property over to Mr. Hauger for his review.

Jack Riley then updated the Council on the issue of the proposal to have a nursing program at the Oakland Community Center/Armory. Mr. Riley noted that at the present time the hospital has decided that it would like to try and utilize some of their own properties for this purpose. Mr. Riley also noted that he is moving forward to try and get some quotes for a new boiler at the facility, and was looking into geothermal heating and cooling. The Community Center/Armory will again be utilized for the Autumn Glory Antique and Craft show.

Terry Helbig then noted that he had gotten a quote of $1600 for a token box to control the lights at the Glades Basketball court. He noted that they could come into City Hall to purchase the tokens. Council agreed that we should look into this a little further. There was discussion that the lights were already on a timer and perhaps that could be adjusted.

Mr. Helbig also noted that he checked with Herrington Manor State Park and they only have one lifeguard for the summer. He noted that we should consider the same structure. He also noted that the recent Wakeboard Contest at Broadford Park was well attended, and may become a sanctioned event. He also noted that there is interest in the Olympic Trial events being held at Broadford Park. Mr. Helbig also noted that we should have the engineering study for the RV Park in the amount of $2,500. Council agreed that since this is not budgeted, we should make a list of the things to be done and prioritize them.

Terry Helbig then noted that the Historical Society requested the Town pave the driveway beside the Gazebo. They also expressed concern about the Wilson Run culvert settling and causing the sidewalk in front of the museum to settle. Council agreed that we should check into the situation with the Wilson Run culvert, but we could not do the paving for the Historical Society. Randy Sharpless noted that the Historical Society should consider replacing their water service line.

It was noted that the paving project was going very well and the bulk of the project was complete. Jack Riley noted that we should publicly commend the Street Superintendent, Bill Ashby for his hard work and dedication to the paving project, ensuring that it has been done properly and efficiently.

Randy Sharpless, Oakland Water Superintendent, noted that they had a situation on Saturday in which they thought there was a leak on Oak Street, in which the road heaved up 10 to 12 inches. The water tested positive for fluoride, however, since there were no water mains in that exact location, they speculated that the problem might be from a nearby fire hydrant that had recently been used by the State Highway for paving on Oak Street. They decided to wait, rather than digging up the State Highway, adjusted the fire hydrant valve, and the problem went away.

Mr. Sharpless also noted that work was progressing at the proposed Lowe’s Home Improvement Store. Beitzel, the contractor for Lowe’s wanted the lines pressure tested at the site and Mr. Sharpless told them that would be at their expense. In addition, Winter’s Construction, the Contractor hired by the developer for Lowe’s, was progressing well with the water and sewer main installation along Route 219 to the Lowe’s site. Mr. Sharpless noted that these water lines had been pressure tested and the water booster pump station plans were progressing.

Mr. Sharpless also noted that they needed to have some valves replaced at the Broadford Plant, and would be completing that work soon.

Lois Swartzentruber then noted that she had a memo from John Sines. Ms. Swartzentruber read the letter which stated that the Police would like to have pay increases rather than replace the sixth officer. They would like to have retiree insurance, and they would like to have the Wastewater Department vehicle which was previously used by Jay Moyer to be given to the Police Department. Terry Helbig noted that he had suggested we downsize to four police officers, rather than their proposal for five. It was noted that the Chief had also submitted his monthly report. Jack Riley explained that the report listed 62 warnings/citations, and he felt we needed to start issuing fines. He noted that since it is obvious we have a speeding problem, we need to get people to obey the speed. Mr. Riley asked that Ms. Swartzentruber encourage the Chief to have his department issue a fine to speeders. He emphasized that we are not suggesting quotas, but we need to work on the speeding problem.

Jack Riley then made a motion to approve the bills for payment, seconded by Sherwin Teagarden, carried unanimously.

Council moved by acclamation to Executive Session, in accordance with Section 10-508 (a) (1) at the request of Sherwin Teagarden to discuss personnel issues.

The regular meeting reconvened at 9:50 PM, at which time Jack Riley made a motion to accept the letter of retirement of Jay Moyer, effective August 31, 2008. The motion was seconded by Sherwin Teagarden, with regrets. The motion carried unanimously. It was noted that Mr. Moyer was not able to attend the meeting due to a death in the family.

Sherwin Teagarden then made a motion to accept the offer of a Contract Agreement for Mr. Moyer to be able to continue to utilize Mr. Moyer’s Class IA, Wastewater and Superintendent’s license for a period of six months with an option to extend the contract. The motion was seconded by Jack Riley and carried. Lois Swartzentruber opposed the motion.

There was discussion regarding the issue of hiring a third operator for the Wastewater Department. Jack Riley noted he felt that Gwen Evans, as the acting supervisor, make contact with Jerome Moats and Joe Helbig to see how they feel about the Town hiring a third operator, noting that the closing date for applications would be after the October 10^th date which is when Mr. Moats and Mr. Helbig would be taking the Wastewater IA test.

Discussion moved to the issue of the Main Street Manager and the contract offered to Mr. Jack Cougle. Jack Riley made a motion to accept the recommendation of the GOBA/Main Street Board to not renew the current contract of the Main Street Manager. The motion was seconded by Terry Helbig. There was discussion in which it was noted that Mr. Cougle was working hard to convince people to help him start his own Main Street. The motion carried unanimously. Ms. Jamison and Mayor McCain noted that there was a meeting scheduled for August 7^th with representatives of the State Main Street Program, and it may be beneficial for representatives of the Council to come and show support.

Council moved discussion back to the letter previously read by Lois Swartzentruber from Chief Sines regarding Police Department requests. There was concern about raising the salaries for police officers and discussion about what benefit this would be to the Town. It was noted that the Oakland Police would not be able to have 24-hour coverage with four officers or even five officers. Council agreed that it would be the Chief’s responsibility to decide what hours would be the crucial ones to have officers on patrol. There was also discussion about the retiree insurance and the previous agreement made with the police department during the LEOPS (Law Enforcement Officers Pension System) discussions a couple of years ago, and how the police chose LEOPS over retiree insurance. Jack Riley suggested that the Police Committee should meet and come back to the Council with a recommendation.

There was discussion about the work session and the possibility of moving it to a date prior to, and closer to the regular Council meeting. Council agreed to have the work session for October just prior to the regular meeting. It was also noted that the September regular meeting would be held on Tuesday, September 2^nd, as a result of the Labor Day holiday.

There was no further business for discussion, and so Jack Riley made a motion to adjourn, seconded by Sherwin Teagarden, carried unanimously. The meeting adjourned at 10:15 PM.

APPROVED MINUTES Oakland, MD July 21, 2008

Present at a public hearing of the Mayor and Town Council of Oakland held at 5:30 PM were the following:

Asa M. McCain Mayor

Peggy Jamison President

Jay Moyer

Sherwin Teagarden

Terry Helbig

Jack Riley

Lois Swartzentruber

Also present were Von Johnson, DeCorsey Bolden, Aaron White, John Maroney, John Sines, Randy Sharpless, and Bill Ashby.

The public hearing was called to order by Peggy Jamison at which time she noted that the purpose of the public hearing was to consider proposed FY08 Budget Amendments, O2008-06. The budget amendments were introduced at the June 30, 2008 special meeting. Ms. Jamison asked if there were any questions or comments regarding the proposed ordinance. Ms. Swartzentruber questioned the total grant money and cost for the Route 39 walking path. She questioned the amendment budgeting the funds and expenses for the line of credit for the Third Street Bridge project, as well as the amendment for the sewer sinking fund interest.

DeCorsey Bolden asked if there was anything in the Town’s budget for TV3. Council explained that the Town did not pay anything for TV3’s operation.

Aaron White noted that he had contacted the head cable office in Buchannon and he had been informed that the Town of Oakland controlled TV3. There was discussion about $2,000 for the Little Yough Summer Concert series and TV3. Peggy Jamison noted that she was not aware of this but would check into it.

Mr. Bolden asked if the Town had an Ethics Committee. It was noted that the Town did have need for an Ethics Committee several years ago, but had not had any reason to utilize the Committee recently. The Clerk noted she would let Mr. Bolden know who had been on the Ethics Committee.

Von Johnson questioned the Town’s intent with a one million dollar line of credit. He asked what interest rate we had obtained and why we got this loan without having any idea how much the paving would cost. Council explained that we had gotten an estimate of approximately how much the paving would cost, and we based our request on that estimate. The bids came in at approximately the prices we had expected. We obtained a 4.25% line of credit, and we intended to obtain long term financing once the project was completed.

Aaron White noted that we were requesting increases to the budget, but he questioned the Town Council how they could in good conscience send seven people to the Maryland Municipal League Convention when the Town should be cutting back on operating expenses.

Jack Riley explained that he had gone to the Convention, and he felt it was very important and beneficial to attend. He noted that he and the rest of those who had attended made important contacts with key persons who provided important information about grants and equipment that the Town of Oakland has been able to utilize in the past. He also explained that the classes were very beneficial and useful in municipal government operations.

Von Johnson noted he thought it was a waste of taxpayer money.

Lois Swartzentruber noted that she was still uneasy about the one million dollar line of credit and as a Council person or business person she felt she needed to get her questions answered. Ms. Swartzentruber noted that she had obtained a copy of the budget and was not able to follow the detail and the basis for the budget changes. There was much discussion in which the Clerk tried to explain to Ms. Swartzentruber that she was not using the correct year-to-date numbers. Jack Riley explained to Ms. Swartzentruber that he had experienced the same confusion about a year ago, but he had discussed the process with the Clerk, she had explained it to him, and now he was able to understand it. He noted that he felt the Clerk had done her homework and the budget amendments were all legitimate and in order.

Jack Riley made a motion to approve proposed ordinance O2008-06. The motion was seconded by Sherwin Teagarden and carried. Lois Swartzentruber opposed the motion. Jay Moyer abstained from voting.

The Clerk noted that she would be happy to sit down and try to explain the process to Ms. Swartzentruber, if she would ask. Jack Riley agreed to sit in on this process to help out, if it was convenient.

Jack Riley made a motion to adjourn the public hearing, seconded by Sherwin Teagarden, carried unanimously.

The public hearing adjourned at 6:40 PM.

APPROVED MINUTES Oakland, MD July 7, 2008

Present at the regular meeting of the Mayor and Town Council of Oakland held at 7:00 PM were the following:

Asa M. McCain Mayor

Peggy Jamison President

Jay Moyer

Sherwin Teagarden

Terry Helbig

Jack Riley

Lois Swartzentruber

Also present were the following Bob & Leanna Boal, Bob & Suzanna Kurtz, Sull & Brenda McCartney, Andrew Fike, Stan Grimm, John Rathegab, and John Sines.

The meeting was called to order by Peggy Jamison at which time she noted that the first order of business was the minutes of the previous month’s meetings. Lois Swartzentruber noted that the third paragraph of the June 2, 2008 meeting needed to be amended. She noted that she still did not agree with the application for the paving line of credit not specifically mentioning that the application was for paving. She noted that the application does need to be specific. Peggy Jamison noted that we cannot go back and change or undo the resolution now, since the motion carried to approve the application with the resolution attached that did specifically mention that the line of credit was for paving. Sherwin Teagarden noted he felt the minutes accurately reflect the discussion. Jay Moyer noted that the resolution does specify. Jack Riley noted that he felt the paragraph accurately reflected the discussion of what actually happened that day, and the issue is do we agree that the minutes reflect what happened. Following much discussion, Jack Riley suggested we remove the line in the paragraph stated that there is no place on the application to put that the line of credit was for paving. Ms. Swartzentruber then noted that she had another issue. She noted that the fifth paragraph with discussion in which the Mayor noted the agreement had been terminated by the Sheriff and she wanted the minutes to be changed to reflect that the reference should say the previous Sheriff. Ms. Swartzentruber then noted that the next full paragraph should state that as Chair of the Police Committee she had asked John Sines to oversee the committee, to oversee the organization of the meeting, and to oversee the meeting to discuss a cooperative agreement. Lois Swartzentruber made a motion to accept the June 2, 2008 regular meeting minutes as corrected. The motion was seconded by Terry Helbig. Sherwin Teagarden noted that he did not recall Ms. Swartzentruber saying that. Jack Riley noted that Chief Sines should not be a facilitator at the meeting if he is a participant. Mr. Riley noted that he had already begun the background work to be able to facilitate the meeting, and he did not agree that what Ms. Swartzentruber was suggesting was the way it occurred. A vote on the motion was taken. Lois Swartzentruber, Terry Helbig and Peggy Jamison voted in favor of the motion. Jack Riley, Sherwin Teagarden, Jay Moyer and Mayor Asa McCain opposed the motion. The motion did not carry.

The discussion then moved to the minutes of the June 16, 2008 public hearing. Jack Riley made a motion to approve the minutes. The motion was seconded by Lois Swartzentruber and carried unanimously.

Ms. Jamison moved to the minutes of the June 16, 2008 regular meeting. Lois Swartzentruber made a motion to approve the minutes. The motion was seconded by Jack Riley and carried unanimously.

The final set of minutes was the June 30, 2008 meeting. Ms. Swartzentruber noted that her motion on the last page of the minutes, the fourth paragraph down should have the word primarily inserted as suggested by Peggy Jamison during the discussion of having a second meeting each month as a work session. Jack Riley made a motion to approve the minutes with the word “primarily” inserted as suggested. The motion was seconded by Jay Moyer. Discussion followed in which Mr. Moyer addressed Ms. Swartzentruber’s request in a memo to not be paid for the extra meeting. He noted that the salary of the Council could not be changed during their term. The Clerk then was shown a copy of the memo and noted that Ms. Swartzentruber is not paid extra for the extra meeting. In fact, the Council is paid a set amount each year regardless of the number of meetings. The Clerk noted that furthermore, her request in the memo to not be a part of the State Retirement Plan was not something that the Town or the Clerk was requiring. This was a law passed by the legislature that newly elected officials after January 1, 2007 were required to be in the plan. In addition, the Clerk noted that if Ms. Swartzentruber did not provide the Clerk with the requested paperwork, then the Town of Oakland would be fined for not having submitted the necessary paperwork. A vote on the motion to approve the June 30, 2008 meeting minutes was taken and the motion carried unanimously.

Council then moved discussion to a utility bill request from Terry Fike. There was some concern about the water being turned on or off without permission, and thus there was an issue about possibly tampering with the meter. Following much discussion, Terry Helbig made a motion to deny the request for an adjustment, seconded by Jay Moyer and carried unanimously.

Discussion then moved to an e-mail from Sherry Leader who lives on High Street in Oakland. Ms. Leader expressed concern regarding the speed of traffic on High Street, and she inquired about having Children At Play signs installed. Council noted that speeding is a problem all over town, and perhaps we should again request the assistance of the State Police and the Sheriff’s Dept. for a “saturation” effort to combat speeding all over Oakland. It was suggested that we provide a 30-day notice to these agencies, and request a coordinated effort specifically around the middle of August, on High Street, Bradley Lane, Memorial Drive, Liberty Street, Second Street, Fourth Street and Eighth Street. With regard to the Children At Play signs, it was suggested that we notify the Traffic Advisory Committee and ask them for an opinion regarding this request. Terry Helbig suggested that perhaps we consider a stop sign on High Street, either at Ninth Street or at Highview Drive. Council also agreed that this should be turned over to the Traffic Advisory Committee for their recommendation.

Andrew Fike then came before Council to discuss the possibility of having the zoning changed for his property located at 140 North Third Street, from Town Residential to Town Center. He noted that his other property next door (Oak-Mar) was zoned Town Center, and since he already uses 140 North Third Street for storage and parking for Oak-Mar. Mr. Fike noted that he was simply asking that the Council allow him to enhance his business by changing the zoning.

Bob Kurtz, a property owner on Second Street, noted his concerns with the proposed request of Mr. Fike. He noted that if Mr. Fike should improve the property and folks could no longer park at 140 North Third Street, then they will be parking on Second Street, in the residential neighborhood. He also noted that if one property gets changed, then it sets a precedence for changing the rest of the properties on the block.

Sull McCartney, of Second Street also noted his concerns. He stated that the other properties will also want their zoning changed. He noted that this is another example of a non-conforming use which was ignored like the apartment house across the street from his home.

Bob Boal explained that he also lives on Second Street and he would be opposed to such a change. He noted that he agrees with Mr. Kurtz, and that this proposal would compound the problems of an already bad intersection.

Stan Grimm inquired about the procedure for this zoning request change. Peggy Jamison noted that a citizen is permitted to file an application for a zoning map change. The fee is $500. Once that is submitted then the Town will schedule a public hearing and request input from the Oakland Planning Commission. Ms. Jamison suggested that Mr. Fike make contact with Bill DeVore of the County Planning Office, who administers the Town’s Zoning Ordinance to determine what his options are for the property, before he proceeds with making application.

Council then discussed the issue of the memo from John Nelson presenting the Town of Oakland with a draft of the County Comprehensive Plan. It was noted that the Plan was very extensive and that the Clerk had printed a copy for anyone wishing to stop by City Hall and review it. Mr. Nelson requested that the Town make its review within 60-days so that the County can continue to move forward with their Plan. It was noted that there was some confusion regarding the projected housing units when comparing the county plan to the plan proposed for the Town. Council agreed to request a letter of justification from Jakubiak, for the rationale behind the projected housing estimates. It was then noted that on August 14, 2008 that Jakubiak & Associates would be presenting their proposed drafts to the Mayor’s group for the southern end of the county.

The next item on the agenda was the Memo from Bryan Carlson resigning as an Oakland City Police officer. Sherwin Teagarden noted he felt we should have an exit conference with Mr. Carlson, and wanted to know what our intentions were for replacing Mr. Carlson. Council agreed that we should advertise locally. Mayor McCain noted he felt the Police Committee should meet to conduct the exit conference, and decide about whether or not to hire another officer. He noted that he would also like to discuss about the grant opportunities he found out about at the Maryland Municipal League Convention. Terry Helbig suggested that maybe we need to reduce our officers and increase their pay in an effort to keep them. Mayor McCain noted that we need 6 officers for 24 hour, 7 days/week coverage, so we would need to decide what we wanted. Jay Moyer made a motion to accept Mr. Carlson’s resignation, seconded by Jack Riley, carried unanimously.

Ms. Jamison then noted that Chief Sines had submitted his monthly report to the Council. There was discussion in which Jack Riley inquired as to how many tickets the Oakland Police had written during the month. There was also discussion regarding the “speed” trailer which the police department had obtained to set up at various locations, which displayed the travel speed of vehicles. Chief Sines noted that because of a citizen complaint, he had to obtain tags from the MVA for the trailer, and had had some difficulty in doing so, but he should be receiving the tags soon and get the trailer back into operation.

The next agenda item was the bills which needed to be approved for payment. Terry Helbig made a motion to approve the bills for payment, seconded by Sherwin Teagarden, carried unanimously.

There was further discussion about police issues, and the previously discussed Mutual Aid Agreement with the State Police and the Oakland Police. Chief Sines noted that because of the confusions and problems with Sheriff Berkebile, the agreement had fallen by the wayside. He noted that he and Mitch Frye had not met with the County Commissioners to sign the agreement.

Jack Riley then stated that he was not going to facilitate a meeting with the head of the local Law Enforcement Agencies, to try and work on a Law Enforcement Mutual Aid Agreement, but that he would turn that over to Lois Swartzentruber. He noted that he had volunteered to facilitate the meeting previously because he has expertise in that area, and he had already began gathering information to determine what the exact issues were, so that the meeting would be purposeful and not a waste of time. He also noted that he would be able to tell if anything could be resolved or worked out, as far as a cooperative agreement between the concerned law enforcement agencies. Ms. Swartzentruber noted that she felt it was her duty as the Chairman of the Police Department to facilitate the meeting.

Terry Helbig noted that the fireworks display was held at Broadford Park on July 3, 2008. It was noted that this was probably one of the nicest displays ever, despite the weather. Unfortunately, because of the weather, there were probably not nearly as many people to watch the fireworks.

Jay Moyer noted that Keystone Paving had begun moving their paving equipment into Oakland. It was noted that certain areas would be milled to get the correct crown on the road, and also that driveways would be milled to get them “keyed” in properly.

Mr. Moyer also noted that he was being considered for a job opening with the Garrett County Roads Department as the General Superintendent. He noted that he would be notified of the County’s decision that week.

Mayor McCain updated Council on work in the Water Department. He noted that they had replaced several water hook-ups for the homes frequently affected by dirty water in the North Second Street area, such as Frances Meese, Charlie Pariseau, and Phil Rodeheaver. In addition, the Mayor noted that Dr. Johnson has been having a problem with water settling, and the Water Department has been working on this.

It was noted that the USDA had been working to remove the unwanted geese at Broadford Park.

Peggy Jamison then noted that it was her pleasure to make a presentation to Mayor McCain for his dedication and service to Oakland. Ms. Jamison noted that the Mayor had been inducted into the Maryland Municipal League Hall of Fame in June for having completed 20 years of service. She noted that on behalf of the Town of Oakland, she would like to present him with a ring for his 20 years of service and his ongoing dedication to the Town of Oakland. It was noted that Oakland has made many great strides under Mayor McCain’s tenure as Mayor of Oakland.

There was no further business for discussion, and so Jay Moyer made a motion to adjourn, seconded by Terry Helbig, carried unanimously.

The meeting adjourned at 9:05 PM.