1. PUBLIC COMMENT PERIOD If you would like to address the Mayor and City Council during the Public Comment section on Tonights Agenda, please record your name and address on the sign-up sheet located on the speakers podium in the front of the Council room. Please note that public comments are limited to five (5) minutes per speaker.

2. Certificates, Awards & Presentations Swearing-in of Donald J. Dunn as Fire Chief for the City of Cumberland Presentation from Dan Patrell, co-publisher and editor-in-chief of Maryland Life Magazine, on recent awards bestowed on the city of Cumberland by the magazine.

3. City Administrators Report 1. Discussion on the award of a FY 2010 SAFER Grant through the Department of Homeland Security in the amount of $ 806,316.00 to be used for the hiring of eight (8) additional firefighters. 2. Update by the City Administrator on the draft ordinance to update the rules and regulations for City parks.

4. FY 2010 SAFER Grant

5. Grant Conditions Period of Performance It is a two (2) year period with a commitment to retain the newly hired firefighters for one (1) year after the completion of the period (May 11, 2013). Attrition of Firefighters Back-fill firefighter positions that were vacated due to documentable economic hardship may petition FEMA for a waiver of staffing maintenance requirements. No layoffs during the period of performance is permitted.

6. Funding Issues Not to exceed $ 23,200 needed to outfit eight (8) new positions. Reuse of already purchased uniforms and accessories possible Future Funding Attrition may yield three (3) vacancies during period of performance. (assumes 5/11/2011 start date) FY 2012 - $ 0.00 FY 2013 - $ 42,615 FY 2014 - $ 256,000 Side agreement or additional funding may be necessary to fund positions within grant allotment. Under current CBA and depending on health insurance selection grant would be $ 3,811.27 to $ 9,279.72 short of full funding for each position. If decision to layoff new employees after third year hiring conditions need to be established.

7. Funding Sources Enhanced EMS agreement with Allegany County Use of overtime savings over first two years to fund 3 rd year of grant period.

8. New Park Regulations a) Park Closure. All Parks shall be closed between the hours of 11:00 p.m and 7:00 a.m. Notwithstanding the foregoing, the city administrator shall have the authority to extend the hours of any or all of the Parks for special events. b) Tobacco Use. Unless a particular area in a Park is designated by the Parks and Recreation Board as being an area where tobacco use is permitted, said designation to be indicated by signage, tobacco use, including smoking and the use of smokeless tobacco products, is prohibited. c) Alcohol. Alcoholic beverages are prohibited in all Parks. d) Firearms & Weapons. No one except law enforcement officers may possess firearms or weapons in any Park. e) Vehicle Use & Parking. No vehicles except City-owned vehicles may be driven or parked off of the Park roadways and designated parking areas, except in areas specifically designated for off-road travel. f) Constitution Park Pavilions. Pavilions located in Constitution Park are available for use by reservation only. The Parks and Recreation Board shall set the fees for the use of those pavilions. g) Picnic Table Use. Picnic tables are available for use on a first come, first serve basis. h) Movement of Equipment. Tables, benches and other movable equipment and furnishings may not be moved without the approval of the Parks and Recreation Department.

9. Parks Regulations - Continued i) Garbage Disposal. Refuse, litter, and garbage must be placed in trashcans provided throughout the Parks or removed from the Park grounds and properly disposed of by the persons generating the same. j) Animals. Except with respect to enclosed areas where animals are permitted off-leash, animals are not permitted in Parks unless they are leashed. The animals owners are responsible for picking up, bagging and disposing of their animals droppings. The feeding or housing of animals in Parks is prohibited. k) Bicycles, Skateboards, Rollerblades. Bicycle use is permitted on roadways only unless off-road trails are designated for such use. Bicycles, skateboards, rollerblades and other wheeled modes of transport, excluding those used to transport disabled persons, are prohibited on tennis courts. l) Soliciting. Soliciting is prohibited in the Parks. m) Fires. Fires are permitted in grills and established fire rings only. All fires must be extinguished immediately after being used. n) Camping. Notwithstanding anything to the contrary herein, overnight camping is prohibited unless a permit is acquired in accordance with the terms set forth in Article IV of this Chapter. o) Removal of Persons. Persons violating the rules set forth in this section or the other provisions of this Chapter 15 of the Code or otherwise participating in illegal activities in the Parks may be removed from a Park and/or banned from future use of the Parks.

10. Penalty Sec. 15-55. Penalties. Violation of any provision of this article is declared to be a municipal infraction, punishable by a fine of up to two hundred fifty dollars ($250.00). If the assessed fine is not paid within the period set forth in the citation and no notice of intent to stand trial for the offense is filed, the city may double the fine, not to exceed a total amount of five hundred dollars ($500.00), pursuant to provisions of Ann. Code of Md. art. 23A. The sanction set forth herein shall not preclude the city from seeking such other and further relief as may be appropriate, including but not limited to, criminal prosecution for the violation of the provisions of this article.

11. Directors Reports Fire Fire Department monthly report for January, 2011

12. Approval of Minutes Routine Approval of the Regular Session Minutes of January 4, 2011 and January 18, 2011

13. Public Hearings To receive comment on a proposed Zoning Map Amendment (ZMA 10-01) to rezone an adjoining parking area at 346 Baltimore Avenue from R-U (Urban Residential) to RR (Rehabilitation and Redevelopment) to accommodate a proposed commercial use. 3-1-11 ZMA 10-01.Public Hearing Presentation.ppt

14. UNFINISHED BUSINESS

15. Ordinances Amending Section 6.02 and Section 8.06 (16) of the Zoning Ordinance providing for the inclusion of Charter, Magnet and Private schools in the Central Business District (B-CBD) Zone and clarifying issues relative to such.

16. Background Proposed by Larcorp, LLC Originally designed to authorize charter & magnet schools in the CBD Zone According to the U.S. Census estimates compiled by MDP for the Citys 2013 Comprehensive Plan, the CBD was the only neighborhood that grew in population during the 1990s.

17. Intent To allow Private, Charter, and Magnet Schools in the CBD Zone as a conditional use (approval by Board of Zoning Appeals) Amends Section 6.02 (Use Regulations Table) & Section 8.06 (Use Standards) of the Zoning Ordinance Outlines conditions of approval relating to: Parking & student loading/unloading Building preservation and maintenance Traffic impacts Total Student Capacity (not more than 250 students) Isolation distances from Adult Entertainment Businesses and Substance Abuse Transitional Residences

18. Procedural status Developed in consultation with staff and PC between March & September 2010 PC Public Hearing conducted on October 18, 2010 – No public comments received PC recommended approval to Mayor and Council on October 18, 2010

19. Outstanding issue/concern Proposed ordinance does not address isolation of schools from bars and liquor stores Such uses are allowed by right within the CBD Zone and are broadly distributed through the downtown area

20. NEW BUSINESS

21. Ordinances Ordinance (1st reading) - authorizing the transfer of City-owned property at 657 Greene Street to William Johnston for the sum of $500.00. Ordinance (3 readings) - Repealing and Reenacting Section 2-247 of the City Code to expand the membership of the Economic Development Commission from nine (9) to twelve (12), to include a member of the Mayor and City Council, a designee from the Allegany County Commissioners, and a mayor emeritus seat.

22. Consent Agenda 1. Order accepting the resignations of Doug Schmidt as Community-at-Large member, and Wade Clark as Primary District member and appointing Wade Clark to fill the vacated Community-at-Large seat through July 1, 2011, and Doug Schwab to fill the Primary District seat through June 30, 2012. 2. Order authorizing the execution of an Employment Agreement with Donald J. Dunn for the position of Fire Chief effective March 1, 2011. 3. Order authorizing the execution of an employment agreement with John S. Reckley for services as a Laboratory Technician at the WWTP, effective March 18, 2011 for a period of three years. 4. Order authorizing the acceptance of an FY 2010 Assistance to Firefighters Grant for the purchase of EMS equipment, in the amount of $173,456.00 with a 10-percent city cost share of $17,345.00 5. Order authorizing a Hold Harmless and Release Agreement with Brabson and Sons Demolition and SS Peter and Paul Church pertaining to the conduct of training exercises by the CERT Team on property located at 151 Fayette Street, owned by the Church. 6. Order adopting a Revised City-owned Computer Use Policy effective March 1, 2011

23. Order #4 – AFG for EMS Equipment

24. Order # 6 – Modifications to Computer Use Policy Use of city computer resources for recreational games, including those on the Internet or on social networking sites. Use of city computer resources for accessing the employees own or other personal pages on social networking sites, including but not limited to Facebook or Twitter. Use of city computer resources to access or post on chat rooms that have no specific purpose to job functions or city business. Sending unsolicited email spam, junk mail, political propaganda, or other advertising material to groups of individuals who did not specifically request such material. Creating or forwarding chain letters, pyramid scheme emails, or other related emails.

25. PUBLIC COMMENT PERIOD If you would like to address the Mayor and City Council during the Public Comment section on Tonights Agenda, please record your name and address on the sign-up sheet located on the speakers podium in the front of the Council room. Please note that public comments are limited to five (5) minutes per speaker. http://tools.arantius.com/stopwatch