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
March 1, 2010
7:00 PM
7:30 PM Public Hearing:
- Addition to River Hill Planned Residential Development (PRD) – Woodmen of the World sold the back portion of their property to Devlin to be added to the River Hill PRD
- Application for funding for an Oakland Retail Feasibility Study
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- Approval of Minutes, February 1st regular meeting, executive session minutes
- Financial Report – February
- Utility Bill Adjustments
- Future of Recycling – Please note the information on recycling participation. We have an average of only 12 households participating each week and 6 businesses each week. As you notice, there is a rather large tonnage of cardboard (16,000 pounds in 2009) which comes from the businesses, so we may want to consider continuing the cardboard either with our own guys or with Sunrise.
- State Budget Discussion – See letter sent by the Mayor’s group to the Governor regarding the impacts of the budget cuts for the past year and proposed next year
- Resolution R2010-02 (Formal approval for Oakland Retail Feasibility Study)
- AL/GAR Meeting scheduled for March 17th – who would like to attend. The cost is $12 per person.
- Approval of Bills
- Committee Reports
ROSTER OF
MUNICIPAL OFFICIALS FOR THE
TOWN OF
OAKLAND, MARYLAND
NAME POSITION ELECTED/APPOINTED TERM ENDS
Peggy Jamison Mayor December 2009 March 2010 Jay Moyer Councilman April 2009 March 2011
Sherwin Teagarden Councilman April 2008 March 2010
Jack Riley Council President April 2009 March 2011
Lois Swartzentruber Councilperson April 2008 March 2010
Ryan Wolf Councilman December 2009 March 2011
Jack Rickman Councilman December 2009 March 2010
RECENTLY APPROVED MINUTES
APPROVED MINUTES Oakland, MD January 4, 2010
Present at the regular meeting of the Mayor and Town Council of Oakland held at 7:00 PM were the following:
Peggy Jamison Mayor
Jack Riley President
Jay Moyer
Sherwin Teagarden
Lois Swartzentruber
Ryan Wolf
Jack Rickman
Also present were Terry Helbig, Debbie Ward, Chief John Sines, Lieutenant Randy Wright, wife Tracy and son Ryan, Corporal Pete Mosky, Tony Crawford, George Small, and Fred Gregg.
The meeting was called to order by Council President Jack Riley at which time he noted that the first item for business was the acknowledgement of two promotions for the Oakland Police Department. He noted that Randy Wright was recently promoted to Lieutenant and Pete Mosky to Corporal. The Mayor and Council congratulated the two on their promotions.
Discussion then moved to issues involving State Highway Administration. District 1 Engineer, Tony Crawford and his Assistant George Small were both on hand to discuss concerns. Mr. Crawford explained the purpose of his letter of November 3, 2009 and the request for the Town of Oakland to approve the signage changes as a result of the realignment of Route 219 North to include the center turn lane. Council agreed that the center turn lane had been well received, and as a result there was a request from the business association to extend the center turn lane further into Oakland. Council agreed to rescind the parking requirements previously permitted along Third Street, where the new center turn lane has been put in place as requested in the November 3, 2009 letter.
Fred Gregg, Chairman of the Oakland Main Street Economic Restructuring Committee asked about the extension of the center turn lane as well as the possibilities of having left turn signals throughout Oakland. Mr. Crawford and Mr. Small noted that they were not sure that there would be adequate road width through Oakland for either, but they would recommend that the necessary studies be done with the Streetscape planning. Mr. Crawford noted that for the center turn lane, they require a minimum of 41 feet of roadway. He also noted the Streetscape project for Oakland had been temporarily put on hold because of funding cuts, but it is on State Highway’s priority list for funding as soon as money becomes available. Mr. Crawford noted that included with the planning for the Streetscape project would be studies for the center turn lane as well as studies for left turn lanes and pedestrian crossing signaling. He noted that he and Mr. Small were already reviewing the information for a “short left turn lane” at Subway, coming from Route 39, turning left onto Third Street. Mr. Gregg asked if State Highway would revisit the Concept/ Planning phase of the Streetscape project when it gets back on the books to decide if revisions need to be made. Mr. Crawford noted that they would re-review the concept phase since it was started a couple of years ago and would probably on hold for a couple of years, to make sure the Town priorities had not changed.
Debbie Ward inquired about whether or not State Highway would consider lowering the speed back down to 25 mph. George Small noted that speed limits are tough to analyze and adjust, because there are so many things to consider. He noted that the problem with lowering the speed limit becomes enforcement. Terry Helbig noted that Elkins, West Virginia still has the 25 mph limit.
Lois Swartzentruber asked if State Highway would consider extending the center turn lane at least one more block coming into Oakland as this would help with rescue squads coming to the hospital. Mr. Crawford noted they would review this request.
Jay Moyer inquired about the left turn lane at Subway (Route 39 and Third Street) and if Mr. Crawford remembered the volume of traffic from K.C. Keith’s s traffic count, stating it was something like 12,000 cars. Mr. Crawford noted this seemed high, but he would check with Mr. Keith. Council thanked Mr. Crawford and Mr. Small for their attendance and cooperation.
Terry Helbig then came before Council to request the Town of Oakland consider applying for grant money for a mural (which would be of the William James Hotel) to be placed on the back of the proposed Historical Society Transportation Museum. Mr. Helbig noted that the transportation museum was scheduled to be completed by Autumn Glory and the mural would be approximately 100 feet by 70 feet. Jay Moyer made a motion to begin looking for grant funds for this mural request, with no financial commitment. The motion was seconded by Jack
Rickman. Sherwin Teagarden noted the Town’s current financial situation and that the Town could not commit to financial assistance with this project at the present time. Ryan Wolf noted that Mr. Helbig should find out what type of construction material would be best for the mural to be painted on and have the contractor use that material in preparation of the mural. The motion carried unanimously.
Mayor Peggy Jamison noted Community Action requires that the Town of Oakland approve the transportation museum project in conjunction with their lease approval. Council agreed to review the project and discuss it at the next Council meeting scheduled for February 1, 2010 at 7:00 PM. In the meanwhile, Council noted that Mr. Helbig should talk with Mr. Stutzman for a cost estimate and the best type of material for the exterior wall and relay this to the Contractor.
Mr. Helbig then moved discussion to the B & O Museum Committee and the need to have a representative from the Town Council. Jack Riley agreed to serve on the committee if the meetings could be after 3:00 PM. Mr. Helbig agreed to accommodate that request.
The next item on the agenda was the minutes of the December 7, 2009 regular meeting and public hearing. Sherwin Teagarden made a motion to approve both the minutes of the regular meeting and public hearing. The motion was seconded by Ryan Wolf. Lois Swartzentruber noted that she had sent an email to City Hall concerning paragraph 5 on the first page with the mention of her name. Mayor Jamison and Council President Riley noted that the minutes accurately reflected the discussion at the meeting. The motion to approve the minutes carried with Lois Swartzentruber opposing the motion.
The next item on the agenda was the Financial Report for December 2009. Jay Moyer made a motion to approve the Financial Report for December 2009 as submitted. The motion was seconded by Sherwin Teagarden and carried unanimously.
Mayor Jamison then noted that she had prepared the Committee Appointments. She noted that if there were any questions to feel free and contact her. The committee appointments are as follows:
Finance Committee Sewer Committee
Peggy Jamison, Chair Sherwin Teagarden, Chair
Sherwin Teagarden Peggy Jamison
Jack Riley Jay Moyer
Street Committee Buildings/Grounds Committee
Jay Moyer, Chair Lois Swartzentruber, Chair
Jack Rickman Jack Riley
Ryan Wolf Ryan Wolf
Water Committee Parks & Recreation Committee
Jack Rickman, Chair Ryan Wolf, Chair
Jay Moyer Lois Swartzentruber
Sherwin Teagarden Peggy Jamison
Police Committee
Jack Riley, Chair
Jack Rickman
Lois Swartzentruber
Discussion then moved to the utility bill adjustment request from Mabel Smouse. It was noted that Ms. Smouse had not received an adjustment before. Jay Moyer made a motion to adjust the sewer portion of the bill back to the average of the 4 previous quarters. The motion was seconded by Sherwin Teagarden and carried unanimously.
The next agenda item was the newly proposed Employee Handbook. Jack Riley noted that the handbook mirrors what the County currently has in place, and provides the same basic benefits as the current Employee Personnel Policy. He noted that it provides the necessary legal language. Lois Swartzentruber noted she felt we should have a work session on this. Jack Rickman noted that it is very similar to the Board of Education policy. There was discussion regarding the need for a separate page for employees to sign, noting receipt of the handbook, and acknowledgement by the employee. In that form there should be a note regarding the evaluation section which may be implemented in the future. Following much discussion, Jack Rickman made a motion to approve the Oakland Employee Handbook. The motion was seconded by Peggy Jamison. It was noted that the Table of Contents should be amended to eliminate the numbering under Chapter 4, Article 1, Section 4-101 and 4-106 and then adding information on the $20 for each 8 hours of sick leave in Section 4-302(b). The motion carried with the changes. Lois Swartzentruber opposed the motion.
Council then discussed the fact that USDA-APHIS Wildlife Personnel had not come to Oakland yet to take care of the on-going issue and problem with the crows. Council suggested that Mayor Jamison send another letter explaining our dissatisfaction.
The next agenda item was the approval of the bills for payment. Jay Moyer made a motion to approve the bills for payment. The motion was seconded by Sherwin Teagarden. The motion carried unanimously.
Lois Swartzentruber noted that she would like to report that she is still checking into the issues and problems with the Boat Building at Broadford.
Jay Moyer then proceeded to give an update on the Street Department’s winter operations. He noted concerns regarding the volume of snow received and the subsequent expenses with overtime and abrasives.
Jay Moyer then made a motion to adjourn the regular meeting, seconded by Sherwin Teagarden, carried unanimously. The meeting adjourned at 9:45 PM.
APPROVED MINUTES Oakland, MD December 7, 2009
Present at the regular meeting of the Mayor and Town Council of Oakland held at 7:00 PM were the following:
Peggy Jamison Mayor
Jack Riley President
Jay Moyer
Sherwin Teagarden
Lois Swartzentruber
Ryan Wolf
Jack Rickman
Also present were former Mayor Asa McCain, Chief Deputy Clerk Tim Miller, Connie Margison, Lillian Steele, Jerry & Dolores Moyer, Donald Callis, Andrew Clark, Kevin Harris, Kayla Harris, Zac Brooks, Alexander Savopous, Norma Rickman, Marilyn Moors, Elizabeth Huxford, DeCorsey Bolden, Jim & Bonita Shaffer, Isaac Fike, Tammy Rayman, Mac Rayman, Dave Beard, Steve Brooks, Ken Harris, Bill Meagher, Delegate Wendell Beitzel, Mr. & Mrs. Frank Damon, Mary Leighton, Monty Pagenhardt, Charles & June Baker, Val Teagarden, Jim Raley, Mel Evans, Mike Summerfield, Lucas Baker, Nick Beckman, Randall Sharpless, Bill Ashby, & John Sines.
The meeting was called to order by Acting Mayor Peggy Jamison at which time she noted that recently adopted Charter Amendments were now effective and the Council could now appoint a new Mayor to fill the remaining term of Asa McCain. Ms. Jamison noted that when Mayor McCain announced he was resigning the Council along with legal Counsel reviewed the Charter and determined that the existing Charter did not allow for the appointment of a new Mayor, but rather it stated that the Council President would become the Acting Mayor. Ms. Jamison noted that after seeking the advice of legal counsel, the Council began the procedure of amending the Charter. She noted that after the necessary hearings and public notices, the Charter Amendments were now complete, with an effective date of December 1, 2009. Jack Riley then made a motion to appoint Peggy Jamison as the Mayor of Oakland to fill the remaining term of Asa McCain. The motion was seconded by Jay Moyer. Peggy Jamison noted that she would accept the appointment. The motion carried with Lois Swartzentruber abstaining.
Tim Miller, Chief Deputy Clerk for the Garrett County Circuit Clerk’s Office then administered the Oath of Office for the position of Mayor of Oakland to Ms. Jamison, making Ms. Jamison the Town of Oakland’s first female Mayor.
It was noted that with Ms. Jamison accepting the appointment of Mayor of Oakland, we would need to select a new Council President. Jay Moyer made a motion to appoint Jack Riley as the new President of the Oakland Town Council. The motion was seconded by Sherwin Teagarden The motion carried with Lois Swartzentruber abstaining.
Mayor Jamison then noted that at the last meeting Council voted to appoint Ryan Wolf as the Councilman to replace the vacancy created by Terry Helbig’s resignation from Council. Mayor Jamison administered the Oath of Office to Mr. Ryan Wolf for the position of Council, and noted that Mr. Wolf would fill the remaining term of Mr. Helbig, which would expire March 2011.
Jack Riley, President of Council, then noted that the appointment of Peggy Jamison to the position of Mayor creates an additional vacancy on the Council. Jack Riley noted that as Lois Swartzentruber had previously suggested, the position should be filled as soon as possible, and Mr. Riley noted that a letter had been received from John “Jack” Rickman, requesting consideration and expressing interest in filling any vacancy on the Town Council. Sherwin Teagarden made a motion to appoint Jack Rickman to fill the vacancy created by the appointment of Ms. Jamison as Mayor of Oakland. The motion was seconded by Jay Moyer and carried unanimously.
Mayor Jamison administered the Oath of Office to Mr. Jack Rickman for the position of Council, and noted that Mr. Rickman would fill the remaining term of Ms. Jamison, which would expire March 2010.
Council President Riley, then noted that he wanted to welcome Boy Scout Troop #22 to our meeting and welcomed Scout Master Dan Clark. He noted that if they had any questions to feel free to ask.
Mr. Riley then noted that Terry Helbig, Asa McCain and Bob Shaffer were next on the agenda. Mr. Helbig came before Council and noted that some time ago they began investigating the possibilities of turning the Oakland Train Station into a satellite B & O Museum. He noted that many years ago the Town had overseen an 8 million dollar renovation project for the station, it was operated by the Garrett County Chamber of Commerce as a visitor center and local artisan shop for many years. He stated that since the Chamber has recently pulled out of the station, it is more imperative than ever to pursue a viable use of the facility. Mr. Helbig explained that in discussions with Courtney Wilson of the B & O Museum, it would take approximately $500,000 to bring the station up to standards necessary and an additional 1.5 million dollars to create an endowment that would provide interest for operations and maintenance of the facility. Mr. Helbig noted that they were pursuing various sources of funding, and that they were at the meeting to get the blessing and recognition of the Mayor and Town Council of Oakland to establish the B & O Station Museum Committee and to pursue this venture. Bob Shaffer noted that the baggage department would be used as an educational classroom. He also explained that this would help offset the expense to the Town of the annual upkeep for the station. Asa McCain noted that education would be the emphasis for the facility, and that the exhibits would be regularly rotated. Mr. McCain explained that this could bring Charter buses to the area, and would create a focal point for Oakland to maintain the vitality of the area. Marilyn Moors noted that she has operated the End of the Line Bookstore at the Box Car for the past 6 years, and she would like to ensure that she could continue this. She noted that she operates the bookstore with volunteers, and she would need to continue to provide restroom facilities for the volunteers. Elizabeth Huxford, a volunteer for the bookstore noted that the store raises funds for various organizations. She also reminded everyone to keep the Geocache site available for those wishing to participate. Jay Moyer made a motion to recognize this committee and to support their efforts for the B & O Museum. The motion was seconded by Sherwin Teagarden and carried unanimously.
Jay Moyer made a motion to close the regular meeting for a public hearing scheduled for 7:30 PM. The motion was seconded by Sherwin Teagarden and carried unanimously.
The regular meeting reconvened at 7:50 PM at which time Jack Riley noted that the minutes of the November 2, 2009 meeting needed to be reviewed. Jay Moyer made a motion to approve the minutes of the November 2, 2009 regular meeting, seconded by Sherwin Teagarden, carried unanimously.
Mr. Riley then noted that there were minutes of the Executive Session meeting of November 2, 2009, which needed action. Sherwin Teagarden made a motion to approve the minutes of November 2, 2009, Executive Session. The motion was seconded by Jay Moyer and carried unanimously.
The next item on the agenda was the Financial Report for November 2009. Sherwin Teagarden made a motion to approve the Financial Report for November 2009 as submitted. The motion was seconded by Jay Moyer and carried unanimously.
Discussion then moved to the issue and on-going problem with the crows. Peggy Jamison noted that we had documented a couple of complaints received regarding the crows and explained that she had sent a letter to Scott Healy expressing our concern over the delays in action by the USDA/APHIS Wildlife Services. Ms. Jamison noted that hopefully after the December 8, 2009 comment period, we should see some results.
Jim Murray then came before Council to discuss the 2009 Annual Audit report for the Town of Oakland. He noted that over the past couple of years, there have been significant changes to the Government Accounting Standards Board (GASB) requirements. He noted that for the FY 2010 Financial Statements, there will be a new requirement (GASB #45) in which the Town of Oakland will need to have an actuarially determined cost for retiree insurance. He also noted that the money the Town has been setting aside for retiree insurance should actually be placed into a Trust Account. Mr. Murray went on to review the report, noting the highlights of the report. Mr. Murray noted that overall the Town of Oakland’s financial picture looked slightly better than the prior year, despite the economical downturn. Ms. Swartzentruber noted she had questions she would like to ask Mr. Murray. Mr. Murray noted that it seemed her questions pertained to the Management’s Discussion and Analysis, and he suggested that she meet with the Clerk to answer these questions. Mr. Murray noted his appreciation to the Clerk and the Clerk’s staff for their ongoing cooperation during the auditing process. Lois Swartzentruber noted that she had some questions. She requested information on the Third Street bridge project referenced in the report. Mr. Murray explained that this project is very complicated and was not completed as of the date of the report. He reminded Ms. Swartzentruber that the majority of the work on the project is paid by the county through the use of Federal Bridge Funds, and the funding analysis is very complicated in particular since the project is not yet complete. He explained that there are some project costs which are outside the scope of the actual contract and are not eligible for Federal Bridge Funds, and thus the Town might be paying all of these costs. He noted that right now the total cost is a moving target, and we won’t have final numbers until next year.
Council then moved discussion to proposed ordinance O2009-08, the ordinance which would permit the Town to pursue financing/refinancing of funds through the Maryland State Bond Program, which the Town had held a public hearing for earlier in the evening. Jay Moyer made a motion to adopt O2009-08. The motion was seconded by Sherwin Teagarden and carried. Lois Swartzentruber opposed the motion.
The next agenda item was the approval of the bills for payment. Sherwin Teagarden made a motion to approve the bills for payment. The motion was seconded by Jay Moyer. The motion carried with Lois Swartzentruber opposing motion. Ryan Wolf and Jack Rickman abstained from voting since they had not had an opportunity to review the bills.
Jay Moyer then proceeded to give an update on the Street Department’s preparation for winter. Street Superintendent Bill Ashby noted that they had finally completed the leaf collection for the year and that they were getting the trucks serviced for winter.
Sherwin Teagarden noted that they had ordered the new panel for the Main Pump Station. Jay Moyer noted that he would like to expand on the issue of the sewer sinking fund. He noted that the purpose of the sinking fund was to assign a useful life value to each piece of equipment at the Wastewater Plant when it was placed into operation in 1988 and 1989, and then to set aside money annually to accumulate sufficient funds to replace the equipment as its useful life would require replacement. Thus far, the sewer sinking fund has performed as planned, and this money can not be used by the general fund for various other projects.
Jack Riley noted that Chief Sines had previously promised two of his officers promotions, and that at the next Council meeting, the Mayor and Council should formally recognize and promote these officers. Council President Riley noted that the officers understand that there will be no pay increase at the present time, due to the financial constraints the Town is dealing with.
Mayor Jamison then noted that we should formally recognize Delegate Wendell Beitzel. Delegate Beitzel expressed his congratulations to newly appointed Mayor Jamison, as well as to newly appointed Councilmen Wolf and Rickman. He also recognized and thanked former Mayor Asa McCain for his many years of dedication to Oakland. With regard to the State Bond Financing program the Town was pursuing, he noted that the State of Maryland is one of six states that has been able to maintain its AAA bond rating, thus Oakland should be able to get a good rate for its loan. Delegate Beitzel also noted that with regard to the proposal for the B & O Museum, this project might very well qualify for State Bond Bill funding. He noted that he would check with Senator Edwards to see if this would be a possibility. Mr. Beitzel noted that with the upcoming legislative session, if there was anything Oakland needed, to please feel free to ask and he would do whatever possible to assist the Town.
Mayor Jamison then noted that she had been notified that the Town might be able to utilize some of the prison inmates for snow removal during the upcoming months. In addition it was noted that they could also assist with clearing the snow from fire hydrants.
Mayor Jamison noted that we would be hopefully having a representative from State Highway at the next meeting to discuss some issues with regard to Third Street and parking along the roadway.
A newly proposed Personnel Handbook was distributed to the Council for review. It was noted that this was for the Council’s review only and that they could email any questions or concerns to Town Clerk, Gwen Evans. It was noted that we would like to try and adopt this in January.
Lois Swartzentruber noted that she would like to report that she is checking into the issues and problems with the Boat Building at Broadford. She also noted that she heard we had gotten $88,000 in grant funds from Community Parks and Playgrounds. Charles Baker then came before Council and noted that a couple of years ago, he was on call during one of the water rescue missions at Broadford Park and that the Town should really consider obtaining a new rescue boat. Council thanked Mr. Baker for his recommendation and asked him to assist the Town in obtaining appropriate specifications for the recommended rescue boat. Lois Swartzentruber agreed to follow-up on this with Mr. Baker.
Council President Riley noted that he would like to commend Oakland’s Town Clerk, Gwen Evans, and her department for their hard work and the excellent report from Jim Murray for the annual audit report. He noted that the audit is very difficult with continually changing requirements and this has to be completed while doing all the normal day-to-day operations.
Mr. Riley welcomed the new appointments and noted he would entertain a motion to adjourn the meeting.
Jay Moyer then made a motion to adjourn the regular meeting, seconded by Sherwin Teagarden, carried unanimously. The meeting adjourned at 9:45 PM.
APPROVED MINUTES Oakland, MD December 7, 2009
Present at a public hearing of the Mayor and Town Council of Oakland held at 7:30 PM were the following:
Peggy Jamison Mayor
Jack Riley President
Jay Moyer
Sherwin Teagarden
Lois Swartzentruber
Ryan Wolf
Jack Rickman
Also present were former Mayor Asa McCain, Chief Deputy Clerk Tim Miller, Connie Margison, Lillian Steele, Jerry & Dolores Moyer, Donald Callis, Andrew Clark, Kevin Harris, Kayla Harris, Zac Brooks, Alexander Savopous, Norma Rickman, Marilyn Moors, Elizabeth Huxford, DeCorsey Bolden, Jim & Bonita Shaffer, Isaac Fike, Tammy Rayman, Mac Rayman, Dave Beard, Steve Brooks, Ken Harris, Bill Meagher, Delegate Wendell Beitzel, Mr. & Mrs. Frank Damon, Mary Leighton, Monty Pagenhardt, Charles & June Baker, Val Teagarden, Jim Raley, Mel Evans, Mike Summerfield, Lucas Baker, Nick Beckman, Randall Sharpless, Bill Ashby, & John Sines.
The public hearing was opened by Council President Jack Riley at which time he noted that the purpose of the public hearing was to take public comment on Ordinance O2009-08, the proposal to allow for financing and refinancing through the State of Maryland Infrastructure Bond Program.
Former Mayor Asa McCain addressed the public and the current Mayor and Council. He noted that as far back as Louis Goldstein, the State of Maryland had maintained its AAA Bond Rating, which has allowed local governments to obtain loans with low interest rates. He noted that this is a great program and that he was glad to see that the Town of Oakland was seeking to participate in this program.
DeCorsey Bolden noted that he sympathizes with the Mayor and Council and noted that they are underpaid, but he questioned the interest rate, and why the Town would borrow money from the state when it had money in the sewer sinking fund. It was noted that the interest rate is not certain until the closing which will be in late January, but the state is estimating a rate of 2.55% for 10 year loans, and 3.55% for 20 year loans. In addition, it was noted that the financing and refinancing is for the general fund and the water funds, and that sewer money must be used solely for the sewer fund, not for the general or water. Mr. Bolden then questioned the rationale and cost of the large stone wall in the alley next to Grand Central Station. It was noted that this was part of the negotiations with Charles McIntire for settlement in order to acquire the necessary property for the bridge project because CSX required the bridge to be elevated an additional 6 feet. Mr. McIntire required the wall to protect the building from delivery trucks which could not maneuver around the turn coming through the alley.
Lois Swartzentruber then noted that she had several issues that probably would be easier addressed by Mr. Murray of Rodeheaver and Associates when he reviews the content of the audit, compared to last year’s audit. She noted that it was her opinion that she was not sure we needed to proceed with this ordinance.
Jack Rickman then made a motion to close the public hearing for proposed ordinance O2009-08, seconded by Jay Moyer, carried. Lois Swartzentruber opposed the motion.
The public hearing ended at 7:45 PM.
APPROVED MINUTES Oakland, MD November 2, 2009
Present at the regular meeting of the Mayor and Town Council of Oakland held at 7:00 PM were the following:
Peggy Jamison President/Acting Mayor
Jay Moyer
Sherwin Teagarden
Jack Riley
Lois Swartzentruber
Also present were Mr. & Mrs. Frank Damon, Mary Leighton, Connie Margison, Von Johnson, DeCorsey Bolden, Allen & Penny Friend, B. Lillian Steele, Norma Rickman, Jim Gnegy, Smokey Stanton, Arlene Murray and John Sines.
The meeting was called to order by Acting Mayor Peggy Jamison at which time she noted that the first order of business was discussion on the minutes of the October 5th and October 22nd meetings. It was noted that Lois Swartzentruber had requested an amendment to the minutes of the October 5th meeting via email received on November 2nd. Lois Swartzentruber made a motion to approve the minutes of October 5th as corrected. The motion died for lack of a second. Sherwin Teagarden then made a motion to approve the minutes of the October 5th meetings as submitted. The motion was seconded by Jack Riley and carried. Lois Swartzentruber opposed the motion.
Sherwin Teagarden then made a motion to approve the minutes of the October 22nd meeting and public hearing. The motion was seconded by Jay Moyer and carried unanimously.
Discussion then moved to the minutes of the Executive Session of October 5, 2009. Jay Moyer made a motion to approve the Executive Session minutes of October 5th , seconded by Jack Riley, carried unanimously.
Council then discussed the Executive Session minutes of October 22nd. Sherwin Teagarden made a motion to approve the minutes of the Executive Session of October 22nd, seconded by Jack Riley, carried. Lois Swartzentruber opposed the motion.
Ms. Jamison then noted that the Financial Report had been prepared by the Clerk for October 2009. Sherwin Teagarden made a motion to approve the Financial Report for October, seconded by Jack Riley, carried unanimously.
James “Smokey” Stanton then came before Council to introduce himself. He noted that he intends to run for the office of House of Delegates. Mr. Stanton stated that he knew from experience that we need good representation in Annapolis, and noted that he felt he could provide that representation. Mr. Stanton presented the Acting Mayor and Council with a flyer summarizing his qualifications and viewpoints.
Council then moved discussion to the issue of Ordinance O2009-07, the proposed budget amendments. Ms. Jamison explained that we had previously had a public hearing on the amendments, and that now we needed to take action. She noted that the Town needed to take the action to cut numerous budget expenses due to the cuts handed down by the Governor. Jack Riley made a motion to approve O2009-07. The motion was seconded by Sherwin Teagarden. Lois Swartzentruber noted she felt we needed to go over the budget in more detail. She noted that she had talked with Terry Helbig and he had provided her with some ideas. She stated that Mr. Helbig had spoken with the county and they could not afford LEOPS. She noted that we need to keep Broadford Park open and should re-consider those budget cuts to Broadford. Council noted Ms. Swartzentruber’s concerns. The motion to approve Ordinance O2009-07 carried, with Lois Swartzentruber opposing the motion.
Discussion then moved to proposed Ordinance O2009-08, an ordinance which would allow the Town to refinance some higher interest rate loans, and provide for some additional capital improvements. It was noted that this Ordinance would permit the Town to participate in the permanent financing of the State Bond Program. Lois Swartzentruber noted a concern with this proposal. Acting Mayor, Peggy Jamison noted that we have talked about this financing program for several months, and offered to meet with Ms. Swartzentruber to answer any questions or concerns. Jack Riley made a motion to introduce Ordinance O2009-08 as noted, seconded by Jay Moyer, carried. Lois Swartzentruber opposed the motion.
The next item on the agenda was the request from the Lion’s Club for use of the entire park at Broadford during their annual Redneck Dayz on June 19, 2010. It was noted that they would like to expand the annual event to include a band, a car show, along with various other activities. Jay Moyer made a motion to grant this request, barring any unforeseen circumstances. The motion was seconded by Lois Swartzentruber and carried. Jack Riley and Sherwin Teagarden abstained from voting since they are members of the Lion’s Club and it would be a conflict.
Council then moved discussion to this issue of a Proclamation for Municipal Government Works Month. It was noted that the proclamation is for the month of November, and that the Town of Oakland would also be flying the Municipal Government Works Flag during the month of November to acknowledge this designation. Jay Moyer made a motion to approve the Proclamation, seconded by Jack Riley, carried unanimously.
Council then moved discussion to the issue of correspondence from Jim Torrington at the County Permits and Inspection Office, asking whether or not the Town of Oakland would like the County to administer the Electrical Codes, which are in compliance with the National Electrical Codes. Von Johnson stated he felt the Town should have a public meeting before agreeing to this. Jay Moyer and Jim Gnegy stated that the County has already adopted their codes and either we have to enforce them or we ask the County to enforce them for us. Peggy Jamison stated that the County already takes care of the plumbing codes for us, if we do not have the County enforce the regulations, then we have to hire someone to do that for us. Sherwin Teagarden made a motion to have the Garrett County Permits and Inspections Department enforce the electrical codes as they do the plumbing codes. The motion was seconded by Jack Riley, carried. Lois Swartzentruber abstained from voting on the motion.
It was noted that the upcoming AL/GAR Meeting would be held in Barton on November 18th and anyone interested in attending should let Gwen Evans know.
Jack Riley stated that the Police Committee would be meeting on November 4th at 4:30 PM. Chief Sines noted that the annual Autumn Glory Festival went rather well. Jay Moyer noted that the Chief should make sure that someone places “No Parking” signs along Fourth Street during the Fireman’s Parade, since Fourth Street is the travel route while Third Street is closed. Von Johnson then noted that there was an incident with a car on the train tracks on Second Street after the parade and it nearly caused a terrible accident. He noted that someone from the Town should notify CSX dispatching office about the parade and request that the trains travel at a slower speed. He noted that he would provide this information to the Chief. There was further discussion about the traffic congestion created at the tracks, especially during the activity of the Mt. Fresh Produce Market. It was noted that perhaps the parking lot should be marked for “One Way” entry into and a separate “One Way” exit from the parking lot.
Jay Moyer then noted that the Street Department was continuing their annual leaf collection process and also getting the equipment ready for snow removal.
Lois Swartzentruber noted that she was still trying to get to the bottom of the problems with the new Boat Storage building at Broadford. She noted that there is a difference of opinions as to who is responsible for the existing problems.
Von Johnson then addressed Council. He noted that he first wanted to address the issue of the budget, specifically the Personal Property Tax. He noted that the Town should consider getting rid of the Personal Property tax, because this is an unfair tax for the businesses. Mr. Johnson then brought up the issue of the flow chart and stated that he had obtained a copy of the chart. Mr. Riley noted that it was not given for public information because the details of the structure had not yet been ironed out, and we had not given the proper names in the wiring diagrams. Mr. Riley noted that he would like to turn the issue over to the Town Attorney to find out who is leaking out information, since it was privileged and not yet ready for public information.
Lois Swartzentruber noted that she does not feel the Town Council is as open as it should be.
Jay Moyer noted that we have made suggestions as to how we can better serve the public by re-structuring the government. He noted that every good business looks at ways to make their operations more functional, and that is all we are doing. But again he noted that this is not a definite.
Allan Friend stated that all would benefit from everyone’s opinion and that open discussion is beneficial and that perhaps we should get input from the public. He stated that he did not trust the Council implicitly.
Jack Riley noted that he had talked with some public to get ideas as Mr. Friend was suggesting, to make sure the Town Council was on the right track with reviewing the issue of re-structuring.
Von Johnson noted that if public had been given a copy of the flow chart when it was given then maybe there would not be all of the confusion.
Norma Rickman stated that it seemed to her that we could be wasting a lot of time debating every innuendo, and everyone should wait until the finished product is ready for review.
The next topic for discussion was the bills which needed to be approved for payment. Jack Riley made a motion to approve the bills for payment, seconded by Jay Moyer, carried unanimously.
DeCorsey Bolden then asked why we were asking for $100,000 in loan money for the Armory and we signed a contract with Steve Cowgill for $78,000. Why did we need more money? It was noted that there is other work that needs to be done at the Armory/Community Center, and this is our only opportunity to make the facility usable for the public so that we can generate more income, since the facility is nearly breaking even.
At 8:35 PM, Sherwin Teagarden made a motion to move to Executive Session in accordance with Section 10-508 (a) (1) to discuss personnel matters. The motion was seconded by Jack Riley and carried. Lois Swartzentruber opposed the motion because she did not know that we needed to have another executive session.
The regular meeting reconvened at which time Council noted it had discussed a replacement of the position left vacant by the resignation of Terry Helbig. Jack Riley made a motion to appoint Ryan Wolf as Councilman for the Town of Oakland to fill the remaining term of Terry Helbig, which would be until March of 2011. The motion was seconded by Jay Moyer and carried. Lois Swartzentruber opposed the motion.
Jack Riley made a motion to adjourn the regular meeting, seconded by Sherwin Teagarden, carried unanimously. The meeting adjourned at 9:00 PM.