All
right, good evening everyone and we're
picking back up with our regular session
of the mayor and council uh for the town
of Berlin. It's Monday, August 24th,
2026. If you uh saw the previous
recording, that was for the public
service commission hearing uh that was
held prior to this meeting. Just as an
FYI, anyone that maybe wasn't able to
attend, the uh ability to still comment
on case number 9879 is still available
and there will be information published
to the town of Berlin's website about
how to be able to do that. All right,
with that, we're going to begin with a
moment of silence followed by the pledge
of allegiance.
I pledge allegiance to the flag of the
United States of America and to the
republic for which it stands, one nation
under God, indivisible, with liberty and
justice for all. Thank you all. Uh,
first item on our agenda, the uh,
consent agenda, which is the approval of
our minutes from the regular session of
August 10th, 2026. U Mayor Andrew might
just have a minor correction on page 13
of the packet minutes. Um the fourth
paragraph down
uh and about halfway through it's it
states um council member reported
conducting independent research and
finding that 3 was commonly used as
value and so forth and so on. Um, that
was actually Council Member Green who
did that research.
>> Thank you. All right. So, do we get a
motion with the correction?
>> Oh, yeah. I'll make a motion with
another correction.
>> So, I have a motion by Council Member
Orus with the correction on page 13 and
a second by Council Member Ner. All in
favor say I.
>> All oppose. Let the record reflect the
minutes from the regular session of
August 10th, 2026 pass as amended with
Vice President Burrell absent. Uh it is
Vice President Burell's 41st wedding
anniversary. So he said they wouldn't be
here this evening. Uh so congratulations
to him at the bow. All right. Up next,
agenda item two, proclamation 2026-10,
national preparedness month. And we have
a proclamation of the mayor and council
of town of Berlin for national
preparedness month. Whereas emergencies
and natural
disasters, wow, can occur without
warning. Testing the preparedness and
resilience of our families,
neighborhoods, community, and local
infrastructure. And whereas the Federal
Emergency Management Agency's FEMA Ready
campaign has designated Americans stand
ready as the theme of 2026 National
Preparedness Month, emphasizing the
importance of being ready before an
emergency occurs. And whereas since
2004, National Preparedness Month has
encouraged Americans to take proactive
steps to prepare themselves, their
families, their homes, and their
communities for emergencies and
disasters. And whereas individual and
household preparedness, including
developing a family emergency and
communication plan, assembling a
disaster supply kit, understanding local
risks, and signing up for the emergency
alerts can help protect lives, reduce
property loss, and strengthen our
community's ability to respond to and
recover from emergencies. Whereas the
town of Berlin recognizes the and honors
our first responders, emergency
management professionals, public safety
personnel, and volunteers whose
dedication, preparation, and service
help safeguard our community before,
during, and after emergencies. Now
therefore be proclaimed that I, Mayor
Zach Tindle, and the council of Berlin,
do hereby proclaim September 26 as
national national preparedness month in
the town of Berlin and encourage all
residents, businesses, and community
organizations to take meaningful steps
toward preparedness, remain informed of
potential hazards, and work together to
strengthen the resiliency, safety, and
readiness of our community. Thank you.
Uh, with that, I will say that the
ability to sign up for the emergency
preparedness or the emergency
communications, you can go to the town
website, click the code red icon, and
you can sign up for those emergency
alerts. Uh, the same thing, Kate and
Mary, does that automatically register
you for Worcester counties, or do you
have to do Worcester counties as well?
>> In addition to
>> So, Berlin and Worcester. So, you should
do both really. Um, with that being
said, uh, you'll notice that, uh, the
first Saturday, I believe it is, of
every month, uh, the Worcester County
Emergency Services tests the siren as
well. So, that's the long uh, blast of
the siren. That is your civil alert
awareness. So with that being said,
we'll move on to agenda item three and
that's a public hearing on ordinance
2026-06
amending chapter 16 entitled fire
prevention and protection article 2
entitled outdoor burning. Our town
attorney David Yasel and our acting
planning director Ryan Hardesty are
going to run point. Our first reading on
this was Monday August 10th 2026
and the two of you need to take it away.
>> That's a cry out story.
I did just pass out the version that you
said it later this afternoon. So what is
coming to you now is slightly different
than what was in the packet and Dain
explain
you.
>> Are there copies available for the
public? You can have
>> Yeah, I think you're going to have some
purple.
>> Thanks.
>> Yeah.
So
>> what I did after after our last meeting
when we had first reading of the I
amended the proposed ordinance with
every amendment that
» at that point it was pointed out to me
that it appeared that we were appeared
that the group wanted that outest open
burn. So I then removed the section on
earned feeds
and
I left it at that
discussion with Ryan this morning. She
was of the opinion that I should remove
section 16-21 which is permit required
because why would we want have someone
get a permit for open burning if we're
not allowing open burning?
Subsequently, after I thought about this
and talked to Ryan this evening, I I
think we ought to table this. Start off
all over.
>> What?
>> Well, there are still sections in this.
If you look at 1619, purpose, and
intent, the purpose of this article is
to pro protect the public health,
safety, and welfare by regulating open
burn. We're not regulating it. We're
out.
>> Well, but it wouldn't open burning also
be a fire pit, or is that a contained
burn? I would think that it's open.
>> That's a recreation.
>> Okay.
>> Recreation.
>> Yeah.
>> We also have a definition for open still
in this.
» I think you need to address open
burning.
>> I think we should need to address it.
And if you want to outlaw it, then let
me let me uh amend this to say open
burning is not permitted within the town
limits of Berlin.
that this evening or will it take more
you have that
>> right is that 23
safety regulates open burning
» but we still have 1622 which is
permanent exceptions we don't have any
back issuing permits
>> can we take it from date let's I mean we
don't have a whole lot on our agenda
let's take it on page one together Um,
so the purpose of this article is to
protect the public health, safety, and
welfare by regulating open burning. It
should also say regulating open burning
and recreational burn.
Isn't that correct?
>> Yes.
>> Within the town of Berlin, improper o
open burning can create that could just
say improper burning instead of open
burn. You would strike the word open.
can create fire hazards, air pollution,
and public nuisances. This article is
intended to ensure compliance with
applicable state laws and regulations,
including Comar 2617.
Nothing within this ordinance shall
authorize open burning that is
prohibited by Worcester County Code of
Public Walls, Comar, Maryland Forest
Service Regulations, the Maryland State
uh Fire Protection Code, or any other
county or state burn ban. So with that,
you would just get rid of
open. You would just keep burning.
>> Is that correct for paragraph one?
What the change again is the purpose of
this article is to protect the public
health, safety and welfare by regulating
open burning and recreational burning.
>> Okay.
>> You amend it.
>> That's that's what I think it should
say.
>> Do you agree?
>> How does the council?
>> Then the next sentence is improper
burning would take over.
>> Yep.
» Are you guys good with that? I is are
there any objections from the governing
body? Okay, keep moving. This article is
intended to ensure compliance with
applicable state laws and regulations
including public first.
Do we need to make any changes to the
last sentence? Nothing within this order
shall authorize open burning that is
prohibited by the Worcester County Code
of Public Law. We need to any of that.
>> Hold on. Where are you? Yes.
>> The last sentence in 1619, the first
paragraph
>> that we just for a second.
>> Yes, something does need to be altered
there because it says nothing within
this ordinance shall authorize open
burning. It should just say burning that
is prohibited by Worester County Code.
And then it goes on further.
» Can you just give us a second to work
through this and then we'll take all
questions at the end. Go ahead.
It's not open yet. No, it's okay.
>> So, we want to go to definition.
>> Yep. Let's go to definitions. Page two
of the
Okay. Definitions. The following words,
terms, and phrases when used in this
chapter shall have meanings ascribed to
them in this section, except where the
context clearly indicates a different
meaning. Open burning means a fire where
any material is burned in the open or in
an open receptacle.
Right. I think what you were discussing
a few minutes ago at the very beginning
about open burn versus burning it
basically without a problem. That
probably does need to be addressed a
little bit better.
>> Okay.
>> You could argue that a uh fire pit is an
open receptacle.
>> Okay. But then
recreational fire is underneath the
different for the definition as well.
» That that's yeah.
>> So that's one of the clarify.
>> Okay. So hold on. I'm going to basically
highlight and accent that on my end and
we'll come back. Recreational fire means
a small controlled fire either gas or
wood burning used for warmth or
recreation not intended for waste
disposal.
Everybody good with that?
Okay. Um cooking fire means a fire used
solely for food preparation uh in
grills, smokers, or similar appliances.
I think we're good with that, right?
Yard waste means leaves, grass
clippings, weeds, and similar vegetative
material. Pretty straightforward there,
right? Yard debris means brush, limbs,
branches, shrubs, and tree trimmings
resulting from routine landscape
maintenance. I don't know. Why does it
need to say routine landscape
maintenance
or resulting from what it just mean? I
think that's really not needed. Yard
debris means brush, limbs, branches,
shrubs, and tree.
>> Well, clearing debris underneath. So,
>> double check that to make sure that you
>> I think routine landscape speaks
difference between what's then defined.
>> Okay. Let's keep it
>> that's pruning a shrub. That's routine.
>> Okay. So then land clearing debris means
trees, stumps, brush and other natural
vegetative material generated from the
clearing of land for development or
agricultural purposes. But there are
other reasons people would clear land.
>> Yeah.
>> Like
>> well develop
>> what happens if they just wanted more
open space?
>> I mean I think you could argue that that
might fall under development. that might
be getting into the weeds.
>> Why can't we just say why can't we say
yard debris means brush, limbs,
branches, shrubs, and tree trimming?
Land clearing debris means trees,
stumps, brush, and other natural
vegetative material and get rid of
generated doesn't matter how it was
acquired. So strike generated from the
clearing of land for development or
agricultural purposes. And for yard
debris above that, let's strike
resulting from routine landscape
maintenance. I don't think that's
necessary. Would the group agree?
» All right, let's move on then.
>> I have a question.
>> What did we do with open burning?
>> We've highlighted that. We're coming
back to it.
>> Okay. Page three,
section 1621, permit acceptance.
Recreational fires as well as outdoor
cooking fires using grills, smokers,
barbecue pits or similar devices solely
for food preparation are exempt from
permitting requirement. Think that's
straightforward? Everybody agree?
Uh let's see. But let me say go ahead
because you have permit exceptions but
there is no permit so we have to say
that
>> let's can we once we get to the end can
we come back or we're going to hit
permits in a second all right uh section
1622 I'm going to highlight permit so
then we figure that and permit
requirements um
come back
okay uh 1622 requirements for recreation
burning must be a minimum of 15 ft away
from any building structure or flammable
material. Straightforward must be
attended until completely
extinguished. Reasonable bonfires may be
no larger than 3 feet high and 4 feet in
diameter. I think that's reasonable and
we pulled that from other
municipalities. Uh, number four, bonfire
shall only be allowed from 6 pm to 10
pm. I think the neighboring
municipalities were uh till midnight and
we tighten it up. I think council member
Nichols, you had suggested 10 p.m.
>> Yeah, I have Can we talk about that one
for a minute? Sure. Um, so for one, um,
I don't know that we need to have a
start time, frankly. I think 6 p.m. one
day in November, it start at five.
>> Yeah. So, that's one thing, but also
like what um I have to be trit what do
we care if um a neighbor wants to have a
small bonfire or s'mores for their kids,
you know, at 3:00 in the afternoon, you
know? So, I'm kind of like don't feel
like I feel like that may be a little
overkill on our part. Um the 10 p.m. I
know that came up at the last meeting.
Um I mean, I feel like that's honestly a
bit early. Um I
>> do what, Steve? Well, yeah. I think 11
p.m. I mean, midnight's Ocean City. Um,
>> 11's good.
>> Okay.
I think what we're looking at there,
it's, you know, let's be honest, you
know, it's it's going to be a reactive
type of situation, you know, right? I
hope our neighbors text them their
neighbors to be like, "Listen, you're
being a little rowdy or whatever the
case may be." Um, so I'm fine with 11 pm
on that. I appreciate the start time
being taken because I just
>> Okay, so we It should say bonfire shall
only be allowed until 10 or until 11
p.m.
>> Oh, midnight.
>> Mid midnight. That's was my suggestion.
But
>> I I said midnight sounded good last
meeting, but it was it was taken down to
10.
I mean my thing I where I was going with
the kind of block was the aligning it
with all the other things that they need
lights at park or what is when is noise
ordinance starting to be one of those
things that you know what I'm saying is
there a time on that when they start
that's
>> noise could be a separate thing you
could have a bonfire without being
>> yeah I mean you know if you guys if you want to have 11 o'clock you want
to have 12 o'clock Help yourself with
that. My only thing with that is I don't
want I don't want there to be
in and by October when we're all out
bonfiring in our yards, everybody coming
in here and complaining, oh my gosh,
people are out till midnight and it's
and I'm just that's my only thing. You
know what I'm saying? So if you want it
to be midnight, I have no problems with
that. I was just aligning the 10 o'clock
with when all the other things start to
shut down. I would complaining right now
that
I don't think so.
>> Hold on if you don't mind. So I think
this was placed in at the at our last
meeting because there was public comment
about nuisance burning and how do we
address and des like identify nuisance
burning? If you put a time in there
without a start time, the end time
really is irrelevant because you can
pick up burning again right after the
time ends because you don't have a start
time.
I could have a 1 a.m. fire
sunset because that varies according to
the time of year.
>> I mean, I'm just saying like I think if
you're going to strike the opening time,
the end time doesn't matter.
>> Opening time might relate to general
weather. There might someone be attuned
to and knowledgeable about managing
these things. They might say, well, hey,
you know, it is typical that the wind is
going to change or it's going to die
down. It's going to shift in direction
around this time during the day. But you
guys want to ban anything that I do
anyway. So, it doesn't matter. I'm just
going to point out that it might be a
little bit more complicated than this
came forward discussion.
>> Thank you. We appreciate that. The um
but the the thing is is that can we
strike this entire
>> can we strike this uh number four
entirely? Because if we're going to if
we're going to not have a start time,
the end time doesn't matter.
>> That would
be fine with that. And if we have a lot
of nuisance taking place and people
coming in here, then we just take it up
at that time. That's good. Is everybody
okay with that? Yeah. Breaking floor in
section 1622.
All right. Uh number five, which will
become our new number four. No hazardous
conditions, air pollution, or nuisance
will be created.
I think it's a nice thing to just put it
in there, but I think that nuisance is
very big. Um section 1623, prohibited
burning. The burning of yard waste, yard
debris, land clearing debris generated
from doesn't really matter how it was
generated in my opinion, but generated
from the maintenance or cleaning of
property, household trash, hazardous
materials, treated wood, plastics, or
rubber. I guess might be worth it. Uh,
is prohibited. Everybody okay with that
one?
All open burning. Moving on to page
four. Permits are automatically.
But we're taking out from 1624
land.
>> I don't think so. Because
>> so we're not taking out generated from
the maintenance of the property.
>> Yeah.
>> I mean,
>> we took that out of the definition.
>> Yes. But then household trash, hazardous
materials, treated wood, plastics, and
rubber were not in the definition.
>> Just just check.
>> Is that okay though? Just check.
>> All right. Um, all open burning permits
are automatically suspended whenever
Worcester County or the state of
Maryland declares a burn ban. We're
going to need to come back to it.
>> Town of Berlin, should we decide to do a
burn?
>> Well, and I think that this is going to
require us to revisit that in just a
second anyway because of the permitting
that Gas will ref. All right. So then
1624 enforcement and penalties on any
person who shall violate any provision
of this article shall be guilty of a
municipal infraction and shall be
subject to a fine in the amount of $100
for any single or initial infraction and
a fine in the amount of $200 for each
repeat or continuing violation.
Okay,
we don't have anything outside of
referencing permitting. So we need to
hold one sec
out where the material is burned in the
open.
Um
see
should is our first location where we
reference a permit
in the amended ordinance. The first time
we reference that is on R page three
section 1621. Right. And gaswell your
recommendation is that we get rid of
permanent this whole section because we
don't have a permit. Is that correct?
>> Page three, 16, section 1621.
>> I think the discussion was that in the
way the code currently reads, you only
need to obtain a permit if we're doing
an open burn. So if you are eliminating
open burning, you're eliminating the
reason for a permit. So then that
language just doesn't have any place in
the code.
>> Okay. So then my question is why don't
we change 1621's heading instead of it
saying permit exceptions? Why don't we
make that say authorized burning? And it
says recreational fires as well as
outdoor cooking fires using grills,
smokers, barbecue pits or similar
devices solely for food preparation.
Recreational fires as well as Okay. for
food preparation are
authorized.
with the following requirements which is
the next section.
>> Yeah, there you are. I like that. Uh are
authorized
repeat that
>> with the following requirements.
>> Authorized with following requirements
» requirements.
>> Let's not move on.
>> You're good.
» Are authorized from what? Um, so hold
on, let me let me restate it. So section
1621,
>> we're going to remove the heading permit
exceptions and it's going to be retitled
authorized burning.
>> Got it.
>> It will read below that recreational
fires as well as outdoor cooking fires
using grills, smokers, barbecue pits, or
similar devices solely for food
preparation are authorized with the
following provision following
requirements. And then it'll go into
1622.
Okay, we're going to change the heading
to section 1621 to authorize burning.
It shall say recreational fires as well
as outdoor cooking fires using grills,
smokers, barbecue pits, or some of those
devices solely for food preparation are
authorized with the following
requirements of section 16-22.
>> I like both.
>> Yep.
>> Do we have consensus on that?
>> Yeah.
>> Okay. And go ahead. Well, with that now
16-22 should probably be titled
requirements for recreational and
cooking fires.
>> Requirements for recreational and
cooking
>> striking burning
>> striking burn.
>> So requirements for recreational
and
>> cooking
fires.
>> That's what simplifies just say
authorized burning.
>> Requirements for authorized.
>> Okay,
>> I like that. Simplified.
I hear.
>> Okay. So, section 1622 is going to be
retitled requirements for authorized
burn.
All right. So, then prohibited burning
stays the same. Um, can we go back to
open burning because No, hold on. Hold
on one second.
>> My council member told me that there
would be a discussion
public hearing in a moment.
>> But but no, you're actually negotiating
the full text before there's a
discussion.
>> That this is this is not the procedure
at least that my council member
indicated to me that we would have.
>> Okay. So I'm a I'm a bit curious about
because you you see you're saying that
you are going to have public discussion
but you actually want to finalize the
code before there's a public discussion.
>> So that's really kind of a fake promise
isn't it of public participation.
>> Thank you Mr. And we'll address that in
a moment. Um open burning uh means a
fire. So back to page two. Open fire
means a fire where any material is
burned in the open or in an open
receptacle. To the point of it being
vague, I think we got to try and find a
way to put open burning and include some
of the stuff that is in 1623.
You know, any of you have any thoughts
on how we can best do that? You want to
add a definition to cover fires
>> or maybe also uh prohibited materials
from burning.
» I just I feel like saying in an open
receptacle
>> is very vague.
>> Yeah. Yeah. So then instead of having
open burning
um can we come up with a better word
choice and strike open burning from
what about prohibited materials or
something like that
because you have in here I'm I'm not
saying anybody in particular we the town
of Berlin have in here um household
trash hazardous materials treated wood
plastics and rubber I mean those are all
things that I think we have a go ahead.
Open burning means a fire. A fire where
any material
I was ready to say
>> it's okay. It it would it would
reference
section 1623
burning need to fire on every material
to burn in the open
or in an open receptacle
which is prohibited
by section 16-23.
» Um hold on. Is there a way to put in
here unauthorized burning? And that
would include
um we could make it so it includes open
burning as well as the items listed in
prohibited um burning. So unauthorized
burning would include open burning
as well as yard waste, yard debris, land
clearing debris. That that's what open
burning is. Why don't you just address
it in 1623
by saying in the last line uh hazardous
materials treated with plastic or rubber
is as or is defined as open burning and
prohibited.
Okay,
I see what you're saying. So 1623 the
burning of yard waste, yard debris, land
clearing debris generated from the
maintenance or clearing of property,
household trash, hazardous materials
treated wood, plastic or rubber is
prohibited. No is defined is as open
burning and is prohibited
>> as open even if it's closed burn it
still we would these materials would
just be classified as open. I mean, open
burning is a well-known phrase.
>> I'm just saying though, I mean, like if
I took my hazardous I'm not saying I do
this, but if I took my hazardous
material or my uh like say somebody's
got plastic Tupperware and they don't
want to take it to the landfill and put
it in the trash can for some reason,
they want to burn it, but they do it in
a closed receptacle. It's still not
going to be healthy for the public,
but it would it would also be closed. It
wouldn't be open.
That would be a separate
>> I'm just Why don't we say unauthorized
burning includes open burning as well as
debris yard u the burning of yard waste
yard debris land clearing debris the
maintenance of cleaning of property
household trash hazardous materials
treated wood plastic and rubber
>> are we putting that in the definition
I think that it wouldn't hurt it also
clarifies them So my recommendation and
we can see how it dives, right? Is to
strike the definition for open burning
and make that unauthorized
burning
includes
open burning.
and
or and um yeah and or
and then pick up here the burning of
yard waste, yard debris,
land clearing debris generated from the
maintenance of cleaning property,
household trash, hazardous materials,
treated wood, plastics or rubber.
And we're removing the definition of
open burning.
Let make a modest suggest even for your
own purposes so that you have a town
code that actually makes sense at the
end of this that you take your council's
advice to allow someone to calmly and
fully try to go through this instead of
rushing it through this all and a few
other people um just for your own sake.
Do you have a do you have a town code
that makes sense at the end of the day?
>> Thank you. But our mission is not to
aggravate anyone. It's to respect
everybody's time that has come here to
provide testimony for the public hearing
process and hopefully have something
that the public can actually comment on.
So, uh, Gaswell, then we got to go back
to
>> Go ahead.
» Okay. So, we're going to strengthen the
definition of open burning.
>> Correct. And it would then say
unauthorized burning.
>> Let me tell you what I've written. Go
ahead.
>> It's a definition.
Unauthorized burning includes open
burning and all burning described in
section 16-23 entitled prohibited burn.
>> I like that.
>> Everybody
simplified it.
for 16.
How about the last sentence in 1623
prohibited burning which speaks about uh
permanent open burning permits being
suspended? Do we need that in there? Um,
no. But I think that one of the
requirements we should add a new number
five that um makes it adhere to any
Worcester County or state of Maryland. U
>> I don't understand what you're saying.
Do number five.
>> So right here 1622 requirement. So we
have uh number one must be 15 ft away.
Uh must be attended to completely until
completely extinguished. bonfire is no
larger than we struck number four,
>> right?
>> And the new number four or our whatever,
however we want to do this, and then no
hazardous conditions, air pollution or
nuisance will be created. Um maybe we
expand number five or we create a new
number five that says that
um
requirements for authorized burning
must not take place during Worcester
County or state of Maryland declared
burn.
» Well, because you're not. It's the
requirements for authorized burning. You
don't want to authorize burnings
without clearly noting that the burn
bands of Worcester County and the state
of Maryland apply.
>> Well, why don't we just instead of
creating a new number five just amend
that last 1623
>> because it's already said it's old.
>> In 1619, you already refer to nothing in
this ordinance
supersede any burn. You've really
already said Yeah.
>> I But I think Gaswell was heading to
take out like all open burning. Go
ahead. What was your idea there?
>> No, I was my initial idea was do we need
the all open burning permits
>> in that last sentence since we've
already
>> No, I thought you were going where it
says prohibited burning to amend that
sentence. Just trying
>> I was going to take it out.
>> Okay. But I think we should still have
something in there that says um
automatically suspended whenever
Worcester County or the state of
Maryland declares a burn date bait.
>> Do that
>> where
the very first
uh section last sentence
>> nothing within this shall authorize.
>> Perfect. Okay. Thank you.
>> So we can take out that last
I like that. Thanks, Jack.
Okay. And then the enforcement and
penalty stay the same, right? Uh Yep.
All right. So, let's see if there's
>> Give this thing one more glance and see
if you see over burning somewhere.
Um well, back in purpose. The purpose of
the article is to protect the public's
health, safety, and welfare by
regulating.
>> It should just say burning within the
town of Berlin instead of open and
recreational. Right.
>> Good. Sure.
>> Can we strike open everybody in section
1619?
We're going to strike open and we're
going to strike our
>> I would say outdoor burning
>> and we we're going to add recreational
burning.
>> Well, if we just call it outdoor
burning. Well, because I'm saying you're
not trying to regulate somebody's
fireplace or burn. Then we're going to
define outdoor burn. Um, let's keep open
burning.
Hold on.
Let's see.
Yeah, we said by regulating open burning
and recreational burning.
All right, I'm going to read it from the
top because we've talked a lot about a
lot and I want the public to be clear on
what we're going through here. So,
article two,
uh the that should perhaps be
should we keep
>> burning?
>> Should it just stay burning?
>> I feel like it needs to stay
>> outdoor burning.
>> Every version for recreational is all
done outside.
>> Okay.
>> All right. So, article two, outdoor
burning, section 1619, purpose and
intent. The purpose of this article is
to protect the public health, safety,
and welfare by regulating open burning
and recreational burn within the town of
Berlin. Improper burning can create fire
hazards, air pollution, and public
nuisances. This article is intended to
ensure compliance with applicable state
laws and regulations, including Comar
1617.
Nothing within this ordinance shall
authorize burning that is prohibited by
the blister county code of public laws
Maryland forest service regulations the
state of Maryland fire prevention code
or any county or state burn.
Then moving on definitions. The
following words, terms and phrases when
used in this chapter shall have the
meanings ascribed to them in this
section except where the context clearly
indicates a different meaning. We are
removing outdoor burning there and we
are Oh, thank you. Open burning. I
appreciate it. Uh and adding authorized
burning.
>> Unauthorized burning. Thank you. Gasel,
can you read what you have?
>> Authorized burning includes open burning
and all burning described in section
16-23
entitled prohibited burning.
>> Thank you. Recreational fire means a
small controlled fire either gas or wood
burning used for warmth or recreation
not intended for waste disposal. Cooking
fire means a fire used solely for food
preparation and grills, smokers or
similar appliances. Yard waste means
leaves, grass clippings, weeds and
similar vegetative material. Yard debris
means brush, limbs, branches, shrubs and
tree trimming. Land clearing debris
means trees, stumps, brush and other
natural vegetative material.
One more points.
>> No, it's fine.
>> Just me, but can they be alphabetized,
please?
>> Yeah, sure. That's fine. Uh,
>> alphabetical.
» Who's running on that? Gaspel.
>> Yeah,
I'll write it.
>> Thank you.
>> Up next, 1621 has been retitled from
permit exceptions to authorized burning.
And it reads, "Recreational fires as
well as outdoor cooking fires using
grills, smokers, barbecue pits, or
similar devices solely for food
preparation are authorized."
Yas, you can pick it up from there.
>> With the following requirements of
section 16-22.
>> Thank you. Section 1622, requirements
for authorized burn. That's been
retitled. So it is requirements for
authorized burn. Item one, must be a
minimum of 15 feet away from any
building, structure, or flammable
materials. Number two, must be attended
to until completely extinguished. Number
three, bonfires may be no larger than 3
ft high and 4 feet in diameter. We have
struck item four, and the new item four
would be no hazardous conditions, air
pollution or nuisance will be created.
Section 1623 prohibited burning. The
burning of yard waste, yard debris, land
clearing debris generated from the
maintenance or cleaning of property,
household trash, hazardous materials,
treated wood, plastic, or rubber is
prohibited.
That ends that section 1624.
Enforcement and penalties. Any person
who shall violate any provision of this
article shall be guilty of a municipal
infraction and shall be subject to a
fine in the amount of $100 or any single
or initial infraction and a fine in the
amount of $200 for each repeat or
continuing violation.
Have I missed anything?
>> Quest
1623 prohibited burn.
>> Okay. It leads the burning yard waste,
yard debris, land cleaning generated
from maintenance or cleaning of
property, household trash, hazardous
materials, tree, wood, plastics or
rubber is it? I think so. Okay.
All right. Now, any other comments
before we open up the public hearing?
Okay. Seeing none, we're going to open
the public hearing on ordinance 2026-06
amending chapter 16 entitled fire
prevention and protection article two
entitled outdoor burning as discussed a
moment ago. Now, anyone that would like
to address the baron council may do so
at at this time regarding ordinance
2026-0.
Well, what what is your name and street
name if you don't mind and come forward
and then you know where I live. Thank
you and you know what my name shirt
>> nice shirt.
>> Oh, thank you.
>> Um I mean what you're doing here is
what you can do but this creates a a
very significant hardship for me. Um how
much money and time did the town spend
running the chipper all around town
after the storm doing that? and you all
have access to $50,000 shippers and
manpower and you know the ability to do
that. But my understanding was is that
the cleanup after the storm this spring
for the town was a rather substantial
burden. Um I may be in a relatively
unique situation in town where I have an
agricultural property that's been in
agricultural production since before the
town of Berlin existed. I have a
forestry management plan. I have 30
acres and it generates a lot of debris
and I need to get rid of it. I have a
chipper. I can't afford a $50,000 veneer
tripper and a truck to drag it all
around. Uh I've been through I've worn
out two shippers. I'm on my third
chipper. It's an $8,000 piece of
equipment. It's not, you know, it's this
is an expensive and difficult thing to
do.
Um, and the ordinance as you have just
done it. I understood from my council
member that we were actually going to
have a discussion of what should be in
the ordinance, but apparently that's not
the case. Um, you know, it's it's going
to create imagine, you know, imagine a
the the level problem that that the town
had after the storm this spring. Now, my
level problem is not quite that big, but
it's pretty damn big. and the ordinance
as you are proposing it now creates a
really serious hardship for me in terms
of being able to maintain the property.
Um it you might say well why don't you
just you know push that stuff back into
the woods or something.
Maybe 40 or 50 years ago before we had
the invasive species problems that we
have now, it was easier sometimes to
just push material back into the woods
and forget about it. I can still cut up
and let material lie along the forest
floor if it's in a wellshaded area, but
most areas are not shaded. One of the
reasons why I don't have a lot of shaded
area is the town's mowing. Um, but so I
can't just push the material back in the
woods and and hope that it goes away
because you know what happens? It
becomes a scaffold for invasive species
to grow on and it becomes a a large
problem on the land because the wood
doesn't break down fast enough before
the wisteria, the porcelain berry, the
whatever it is gets on it and start and
starts going. So, um, yeah,
listen, uh, as I said at the last
meeting, uh, you know, my family has
periodically needed to have a fire
behind my place for as long as anyone
can remember. We've always done it, and
there's never been an issue of the fire
not being controlled. Um,
I do my best to
avoid burning things. It's not like I
want to do it, right? You know, um, I do
my best to avoid burning things, but the
amount of material that is generated is
just too much to be able to deal with.
Um and uh
you know if there is no if there's no
provision in this ordinance that that
allows me to do something to to control
this stuff,
you know.
Yeah, it's it's it it's it's a
substantial burden for me. Um and it's
also potentially like substantially not
good for the quality of the environment.
um going not just where I am like
because like for example if I do a
decent job controlling invasive species
by being able in part to do this stuff
and to burn this stuff it doesn't go
downstream and start growing you know
further down. So uh you know y'all can
do what you want but you know it
we've been there for a while. We've
managed I've been able to manage my land
and my family has managed my land
without problems including about one
burn a year for longer than the town has
been here. Um, and if you want to take
that away from me and create a burden on
me as town land owner, there's nothing
that I can do about that. But I really
think that um
it's pretty lousy thing to do. But, you
know, if if you want to do that, do
that. But, you know, I really think that
there should be a provision. There are
not very many people in town that are in
a that are in sort of my place, you
know, and I understand that and that's a
reality to be recognized. You know,
that, you know, folks don't generally
have the types of properties that I
have, which because I didn't ask for it.
just there it was, right?
let me do what I need to do in order to
maintain my property. We've done it
safely. We've done it for a very, very
long time and create some sort of
provision in this fire ordinance to
allow that. That's my request to you.
>> Thank you for your comment. Anyone else
that would like to address the Baron
Council regarding uh 2026-06?
» I go I just the street name
>> Beverly right um up your lane
>> I just was curious
about how often he burns
um
he said oh he talked I thought last time
he said something like 30 times and so
that concerned me um so I know you're
probably gonna think this is crazy but
There probably ought to be some
provision
that allows him to apply for some kind
of permit within some kind of
parameters.
Um
because he does have a huge property and
it might be unique
and I'm not saying that everything he's
doing is correct, but
he seem no one's died yet or and he
seems to be following a lot of rules.
So, I I think there might be room
for something
to accommodate whatever he's doing if
it's limited to once or twice a year.
What about notice given to neighbors
that there's going to be open burning so
we're prepared for it and we don't think
that the whole town is burning down if
we smell. I'm just offering that as a an
option.
point typically I would burn one time a
year. the contact the comment about 30
times. It was if I had to burn the same
amount of material and was restricted to
>> Oh, by
the name
>> Street Dawn Sure. 305 North Main and uh
thanks for public comment. Nice. We got
to it eventually. Um
I was coming here originally to say,
"Hey, 6 to 10, that's crazy." But thank
you very much. That one's already gone,
so I'm going to trust that it'll stay
gone. Um, I think my first thing is
probably going to need to start over
with a new first reading and all, right?
It's different enough. Well, I would
suggest it because it's different enough
that there might be other people in town
that would want to have different
comments, but that's it's my opinion.
Um, also I think in that same vein I
would suggest that the council look
again at section 1622
rec requirements for authorized burning
because previously in 1621 we said that
recreational fires as well as outdoor
cooking fires will follow those same
requirements which now means that if you
have a grill it needs to be 15 ft away
from any building structure or flammable
material. So, I don't know if anybody
has a fence if they put their grill
closer than 15 feet or if at the back of
their house they roll out their little
charcoal grill and it's 10 feet. Has
anybody measured the Atlantic Hotel to
see if they're 15 ft from their fire
pit? It this this just also applies to
um to gas, right? Yeah. So, their fire
pit possibly is closer than 15 ft. So,
maybe we need to measure that. I like
the Atlantic Hotel to sit around. um see
that that I don't know that we want it
to apply to
cooking fires. Um artificial cooking
fires and then also that um I guess
whateverly was saying I don't know the
two properties that previously were able
to do the get the permits to do control
burning or something that was in the
notes from last time. I are they
agricultural?
>> It's just one
>> Mr. Hammond yours is agricultural. So, I
think a real easy way is to look at
permitting that there would be a permit
that if you have a property that's large
enough to be considered agricultural,
you have a way to apply for a permit
once a year, four times a year, I don't
know, includes post um post uh storm or
something. And my only other thought was
as we were you guys we were all talking
or listening and then I kind of changed
my mind but just to share if there's no
way for permitting
it might make it harder if we ever have
something in the future like god forbid
a post uh real hurricane clearance
something that is like an emergency
situation there's no way to get it then
it could slow down the process of
recovery if the council has to go and
make a um a temporary emergency
situation for what's allowed. So,
>> anyone else that would like to comment
regarding ordinance 2026-06
message here?
» Can we take that during council comments
instead of public comment?
>> Well, it's for this for this.
No, no, no. I meant like once we close
the public hearing, take comments and
consideration from our group.
>> I think that is a public. It is a public
hear.
>> No, I just think that like advertise it
as being open to
call.
>> Yeah. That's why I think it's probably
better they've reached out to me. That's
your comment following the public.
All right. Anyone else that would like
to address the mayor and council
regarding 20 ordinance 2026-0?
Okay, we're closing the floor. Now we'll
open it up for council discussion.
>> Well, I was real quick on my mind. The
15 ft. Um, can I hear you on that?
Because I know like we're all out
through my house. Um, where did that
come from language that a testing
performance or I think Ryan
recreational fires for the county that
did not include
>> we just broke that in just right now.
So, do you did it say that that
>> personally if you have a gas grill
>> if you have a gas grill or a cooking
grill or something like that?
>> You Yes, it works most of the time, but
it doesn't work all the time. And having
a recommendation of 15 ft,
I don't think it hurts. I mean, that
grill catches on fire. I mean to your
point too uh you said the gas fires that
sometimes I've watched people do it on
their porches doesn't mean that it's a
good idea
but I mean if somebody I don't think
anybody uh from planning and zoning or
the police department's going to come
out there with your cooking grill and
say 14 ft $100 fine but I don't that's
just my two cents
>> if your house burns down
>> I've seen a couple of those
about
>> but once it's written we could get a
fine
>> could play
>> and they come out and he says you get a
fine
>> we have a lot of reporting that
>> right I mean we're still in dialogue but
I'm just saying
>> yeah so my feeling about all this is
we'll come back to Mr. gas is initial.
We have changed quite a substantive
amount of this. Um I don't know how um
I'm just a little bit concerned that
your notes are driving exactly what
we've outlined here. Nothing no offense
you know. Uh I think I do think there's
merit to um I mean I guess it is
restarting the process of having revised
when it's come back per treating. I mean
really don't think we'll burn out both
at a time and money for the legal ads
personally. Um
>> that's not a
>> Yeah, that's not
>> I just I do kind of feel like it's
probably a fairness issue. I mean um
just because we have we dissected this
thing a lot. Um so that's just my
comment on that but I think that's too
comment.
>> Uh well yeah I I have this comment and I
have my comments but I'll I'll read this
one u first. So, I know everybody I'll
try to be so ready to hear. Uh, Mayor
Tindle, members of the council, I
support tightening this ordinance. Yard
waste and household trash burning in a
town this dense doesn't belong in the
code anymore, and I don't think anyone
in town disagrees with that. But section
16-24, as drafted, doesn't tighten the
rule, it erases. It treats a resident
with a twoft brush pile the same as a
property owner sitting on acres of
wooded land who loses trees every storm
season. Those aren't the same problem
and they shouldn't get the same answer.
I'm not here asking you to keep the old
system. I'm here asking for a middle
path between the old system and offering
a blanket no. In the last meeting, Ryan
informed the mayor and council that only
two open burning permits have been
processed recently and both were excuse
me and both were on unusually large
parcels. One is actually my neighbor who
lost some serious limbs during our most
recent blizzard. That's not evidence the
exception is being abused. That's
evidence is already self-limiting. The
people using the exception are exactly
those we should permit. A blanket ban
punishes them to solve a problem they
aren't actually causing. With that in
mind, I propose a special land clearing
and storm debris permit available only
to parcels above a defined acreage
threshold, say 2 acres. So, a standard
in town lot can't claim it. Every permit
will require site approval from the fire
marshall or Berlin fire department
before issuance, not just a paper
application.
where the county's 500 yard setback
cannot physically be met, the applicant
signs a site plan and the fire
department signs off on an alternative
safer configuration. Safer
configuration, similar to how Ed
Hammond's aerial imagery submissions
already have been reviewed and approved.
Cap at four permits per property
annually, so it functions as relief for
genuine storm debris, not a loophole for
routine burning.
Council member Nichols raised the idea
of a fire department partnership for
these situations. That's the mechanism
right there. Let the fire department's
presence be the safety valve that makes
this workable instead of the reason to
shut it down entirely. This middle path
isn't a request to keep the old system,
and it isn't a request to eliminate the
exception outright. It's a request to
replace it with something that actually
distinguishes between the guy burning
leaves in his backyard and the property
owner managing storm damage on five
wooded acres. Right now the ordinance can't tell those
two people apart. I think it should.
Thank you.
This was emailed to the group after the
fact that I found out and it's probably
I'll tell you
on base.
So I have a couple questions for how
many acres do you have?
Over 30.
>> Okay. And I know you've been burning for
several years now. I understand your situation, but the county
regulations, and I kind of brought this
up last time, but county regulations
state that any open fire has to be
within 12 feet, 1200 ft of structure.
How is it that you can burn it,
a structure or road?
>> I've applied for per I mean, I you know,
again, I think the last time I said, I
mean, maybe you need to speak to the to
the county fire marshal. I've always
applied for permits. Permits go to the
county fire module and I include was
mentioned overhead
imagery and indication of where it would
be. Um, you know, and I remember on
exchange the last time having it where I
do just for example, I have access to
multiple spots and a lot of water if I
were needed. Um, I could,200 feet I
can't do. I mean, I could I would go
further away from a structure, but it
would actually I think I would argue
that
I mean
>> you're doing it safely if you are.
>> Yeah. Yeah. I mean, I would say you're
always going to be better off,
>> right?
>> But you're looking at it like we're
trying to prohibit it, but really the
county is already prohibited.
County Fire Marsh. Look, I mean, I've
been I've talked to the county fire and
county fire marshal does not have issues
with that I spoke with, you know, I
don't want to put words in it is now
does not have issues with fire
that I had. Um, you know,
I again I mean maybe it's it's the thing
is I mean I'll just be I'm just very a
literal read of the county fire gun
which I did a few years ago um makes you
eligible for you know uh 20 years in the
supermax if you like a cigarette walk up
and down the street right the county
fire code's clearly written to be as
prohibited as possible
and that it is obviously the case that
then the county fire march will exercise
its discretion with respect to what is
per because if you if you took that
literal reading of it um I mean really
serious took that literal reading of it
I think lighting a cigarette on the
street is criminal offense so I think
that they're
uh maybe
you know if you look comparing the the counting fire code to what has
existed and would potentially exist in
future intervention.
Um it's a little bit of an apples and
oranges situation because it's a totally
different kind of land mass and sort of
system under which the county operates.
Um
you know the county fire marshal has not
had issues signing off all the fires.
So the other side of that is in the
>> I know we all got to get up and dance.
So there's been reference to like two
permits, but the other thing is Brian,
do you happen to know off the top of
your head or Fisher? I know that we have
a couple at least on the books of folks
doing this type of burning like outdoor
burning where people complained and have
called and have had the police
department come out and make contact.
Not not you, Mr.
>> H. There was one. There was one.
>> There was one. And the reason why was
that the town did not notify the
neighbors. I pulled the permit. Part of
pulling the permit was that the
neighbors were to be informed. And
>> are you talking about your own property?
I'm not talking about your property.
Okay.
>> I'm saying in general,
>> in general, that has happened with
respect to my property. And the reason
why it happened was that the neighboring
land owner had not been informed by the town and and follow the fire in.
>> I'm talking about instances where folks
are burning and it has created a
nuisance that has yielded itself I think
probably more to the police department
than the planning but it might have been
reported after the facts. So there are
more than just two instances of burning.
There are instances of police department
responding to nuisance burning that this
ordinance would address. So I want to
make sure that when we say two, there
are more uh that this does
>> those are unpermitted
then the police should go.
>> I'm saying open burn is what I'm saying.
Open instances of open burn.
>> But maybe we could have a special
provision for large land owners to have
an open burn once possibly twice a year.
And how my thing on that will be how you
define large land by a certain amount of
acreage.
>> I mean I I wrote an email including to
the including to the town attorney and I
said that you know you can do it by size
and and I don't think that that's
somehow you know discriminatory or
something. I mean it's a simple
recognition biological reality but you
know larger properties there's that um I
have a farm management excuse me forest
management plan you know it's it's
drafted by the state forester um it's
you know my land is agriculture in the view of the state of Maryland um
those are some pos those are some
criteria that can be used um the other
thing that I pointed out to the town
attorney is that the county has a
freedom to farm law and the freedom to
farm law was intended specifically to
protect traditional agricultural
practices of which an annual burn is
most definitely one uh in the county.
It's intended to you know prevent the
problems that happen when people don't
know what the chicken house is get too
close to the chicken house that sort of
thing. But this is this is another
example. So you want to talk about
carrying through the the spirit of of
county law into the into the the town
code.
Well, what about what about the
county's, you know, freedom of farm,
right?
I mean, I I would be if you gave me if
you gave me one time a year, that's all
I need, right? if we're going to
continue under the system of the present
size, you know, but um I mean
there should be a restriction size
though
because I hear I hear your claim about
having multiple garden hoses, but a 5/8
line is half inch line is probably what
you have fed by
>> the fire. I'm just saying like the
volume
>> this and done that and shown my
>> but the volume of fire that you
discussed with your method of handling
it if it were to get out of control
there has to be some structure around
the size and the way that something like
that would burn.
>> My ask is always been I'll do it the way
that you say that I should do it. um
just give me a viable opportunity. So I
would yeah you say you want to put it
inside a inside a firebox of some sort.
I can do that. I might need more than
one a year that's like that but I can do
that. I mean I'm willing to I'm not
saying
you have to agree to what I do and even
the practice that I have now of the
former rules right because I wanted to
use
you know, a containment area. But I was
told that, you know, that wasn't
practical because I would have to pull
permit.
>> Why don't we do this? Why don't you put
your ideas on paper, send them to the
town attorney, we'll take a look at them
to see how we can Why Why are you
laughing?
>> Because I did that and there was and the
result was that you just walked through
and completed the ordinance.
>> Well, you have to realize and you make
comments that this is designed and aimed
at you. It's not. This is an ordinance
of the town of Berlin 5,000 something
residents
design
but but that's the subject
>> a lot of things I enjoy. I don't know if
this is one thing um the the you provide
and make sure he has your best uh step
forward at what you think you would need
to be able to accommodate your forested
land. and we will review that with the
reintroduction of the ordinance and see
if there's a way that we can marry the
two together. Fair enough. First reading
will include the amendment
hold. First reading would include the
amendment as drafted by the council and
it can include a summary of Mr.
Hammond's thoughts about what could be
addressed uh related to a larger parcel
or something like that.
So I was going to but actually
» I mean I've said what I thought about
it.
>> All right. So, I'm going to go ahead and
make a motion that we table this uh
until the town attorney can advise us
on the amendments that we the suggest
the edits that we made tonight and input
from folks like Mr. Hanning and ways we
can deal with the unique circumstances
of certain property.
>> Can I help with that?
>> Sure. enabling the amended motion u the
amended ordinance 2026-06
to be brought back at our next meeting
with the amendments in print form along
with a recommendation on if we were to
incorporate burning for larger parcels
what that would look like.
>> Yeah, because I do I mean I do agree
>> we're not promising that it's going to
be about
>> I do agree with Steve that we've made
some substantive changes.
I think this could I know I think that
could qualify as a first
>> because the public hearing comes second
time. So I I think I don't disagree with
I think I I'll make the suggest changes
and I think that that once I get it to
you we should have a first reading on
that
>> but you're not incorporating
>> the process of the correct
>> but you're not incorporating
a
plan for large property owners. You're
going to take Well, we have
>> with an option that if it were to be
adopted that it could be inserted into
the ordinance.
>> Yeah, that would be what this would do
today had we made any changes to side
like if this were to go through and we
just said, "Oh, we're going to change
the time."
That's the same process.
>> So, can you want me to restate the
motion or you want to restate?
>> Um, okay. So, Councilman Doris has made
a motion to table ordinance 2026-06,
restart the process with at our next
meeting with first reading with the
amended version of the ordinance in the
packet as well as a plan for uh if the
council were to adopt a a pathway for
larger property owners. Do we have a
second?
>> I have a second by council member Gur.
All in favor say I.
>> I.
>> All oppose. Let the record reflect the
votes unanimous to table ordinance
2026-06.
Restart the public process with first
reading at our next meeting. Thank you.
everyone. Can we hold those
until public comment? I think that will
be
>> I think I know but I think it would be
great.
>> Let's
>> I'm unclear on what it's in your head.
I'm unclear on what you actually want
from me. You want justification for
these? Do you want what the physical
requirements are?
>> We don't want a book. We want like if we
were to take your
>> Don't worry, I'm not sending you a book.
I I want you to tell me though what it
is.
>> So, if we were to plug and chug like if
you were to take the ordinance that we
have here and you look at section uh 19
uh 1619, purpose and intent, don't
exceed that amount. But we would like
your thoughts on if you have a large
parcel that I'd be allowed to burn once
a year.
>> Yeah. In essence, make it easy and
digest and
>> find. All right. Well, can I get a copy
of what it actually
suggest? Um,
I don't read my emails on the weekend.
Will send me emails on the weekend.
All right.
Yeah.
>> Just our next meeting isn't until
September 14th. So, if you put your best
effort on it before sometime before uh
the first week of September, he should
have time to be able to look at it. We
should have time to be able to put it on
the desk.
>> I think I wonder if So, all right.
>> I think that what he read from that
person is what I was trying to say, too.
And I think that should be somehow
send that send that text. It should be
thrown into your mix to be considered as
part of a new section.
I know it's very well thought out. Thank
you. All right. Can we everybody good?
Okay. Let's move on. So items for
approval. Item four. Before each one of
these are action, there is an
opportunity for public comment. Motion
uh 4 A. motion 2026-48
funding for lead service line project
and our finance director Natalie Slay is
going to welcome
>> good evening I'm going to just for a
quick summary we all know that we have
that place projects uh started a while
ago it requires a long process of
inventory servicing and eventually a
replacement with that said obviously the
cost u associated with those projects
and
um been estimated in the past but as we
moved along um the costs not matching
what was previously
we've gone back to Maryland department
of envir environment and have asked them
to revisable
funding funding um they offer to us in
the form of loans slash loans with
forgiveness of the principal after
several
years of being.
So
» go ahead come to the table or something.
>> The only thing numbers
>> I'll add to what we said just for
clarification.
>> Excuse me. This is not a project that
Berlin just undertook. This is mandated
for every every community to
>> Thank you. Go ahead, Nick.
>> Certainly. So back in 2023, this this
project began. Uh the state required it
and town took at it full force. At that
time, we submitted an application for
funding of roughly a million dollars.
That was uh slotted for all of William
Street, Broad Street, and Bay Street.
Unfortunately, as we continued moving
forward, the state kind of ironed out
the regulations and the requirements for
the project became a lot more than what
was originally anticipated. At that
point, at that point in time for 2024,
we submitted for additional funding and the amount of about another half
million dollars and did receive that. Uh
we then finished project for design
permitting and then took it all the way
out to bidding and received only one bid
at the time uh which exceeded the amount
of funds we had to bid.
>> Uh at that point in time we went back to
the state requested additional funds and
that is why we're here today
>> because the state has granted those
additional funds. Yes sir.
>> And in order to accept those funds it
takes account.
>> Yep. So today
front of you a summary that I put
together with what is offered to us in
funding. It's $2 million 286,773.
The total cost as of today is a little
bit uh more but $79
contribute that the combination of those
funds as I mentioned there are loans but
loan.
I don't have details as of yet how
that's being structured. Um what's the
interest rates going to be? It's going
to be all determined we will move
forward with settlements and then
interest rate that most likely will be.
» Perfect. Thank you. Any questions for
Natalie or Nick? I just um well first I
wanted to say Natalie thank you for the
staff work. This was very helpful
breaking all these large numbers down
for someone like me. So thank you. Um
but just for um just for some clarity
questions please for Nick. Um phase 1 A
and phase 1B right. So
phase 1B is bud and 1 A is
>> correct.
>> That's correct. Sorry. And then on the
on from Natalie's thing and she she said
it, but I just want to everyone out
there the um the total 2.286
what we will definitely be required to
pay back is the 44%.
And that the rest is what's forgiven.
>> It's not fully forgiven. It's going to
be given after several years of payment
of the interest. So there will be cost
associated with securing that law also
settlement
but the 1 million7
will be count's responsibility to carry
on water
it
thank you. Any other comments? If not
we're going to open it up to the public.
Anyone from the public that would like
to address the mayor and council
regarding motion 2026-48?
Seeing none, we'll take action by the
council.
>> Motion to approve.
>> A motion by council member Green.
Second.
>> Second by council member Nichols. All in
favor say I. I.
>> All oppose. Let the record reflect the
motion 2026-48. Passes unanimously with
vice president. Thank you, Nick. Thank
you all.
>> Thank you Natalie.
Up next is agenda item five and that's
town administrators report and
departmental report
of
announcements.
Uh the
lost
u Monday August 31st at 5:00 pm will be
a planning commission work session
regarding the plan update. Uh it is open
to the public. It is a work session of
the planning commission. No, not mayor
and council.
Um, and no, I don't have it on here.
Monday, September 7th is Labor Day and
town offices will be off.
>> Thank you. I do also have one um while it is certainly no longer
I do want to take this opportunity to
publicly announce my retirement after 35
years of service to the town. It has
been both a pleasure and a privilege to
serve this community and making the
decision to retire has been a difficult
one.
my last official day of work be October
9th. I am proud of what I've
accomplished during my time with the
town and perhaps even more so the role I
have played in building a strong
foundation for Merlin's future.
Over the years, I have not always seen
eye to eye with every elected official
I've worked with, nor every citizen, but
I have always approached each issue with
the same goal in mind, ensuring that
Berlin continues to grow and thrive
while keeping the best interests of its
citizens, businesses, and visitors at
the forefront. Sustainable policies and
practices and resiliency for the future
have always been foremost in the
recommendations I have made and the
actions that I have taken.
My retirement is certainly bittersweet,
but I know that it is the right decision
for me at this point. I leave with a
tremendous appreciation for the
opportunity I've been given to serve
this town and with nothing but the very
best wishes for Berlin and its future.
Most of all, I want to thank the
dedicated professionals who work every
day to make Berlin a safe, healthy,
vibrant, and enjoyable place to live,
work, and visit. It has been an honor to
work alongside some of the talented and
committed people.
Thank you for allowing me the privilege
of serving the town for the past 35
years. I will always be proud to have
been a part of this community and its
story.
Mary, when you say that that you're
proud to be part of its story, I think
you write a portion of that story
yourself, starting as um someone working
in customer service and admin and
working your way all the way up to the
top um paid profession uh in the town of
Berlin, youth. I remember when you and I
sat down and we had a vacancy in the
town administrator's position and we
were starting the search process. I
said, "Mary, you've got a lot of
institutional knowledge. You've got a
lot that you bring to the table. Have
you ever considered it?" And you were
very modest. You're like, "No, let's I've served in that capacity.
>> You've you've you've uh served in the
acting capacity many times. uh and then
you you accepted uh my request to be
able to serve in this capacity and it's
been an honor to work together. You're
amazing at what you do. You uh have so
much knowledge about the town of Berlin
and I've loved every minute of it. So,
thank you.
All right. Anything from departmentals
that are either in the packet or that
any of you want to say?
Okay. Seeing none, um, any comments from
the council?
>> Okay.
>> Yeah.
>> Or questions.
>> Questions or
>> either either way. I mean, we're going
to go to council comments, but I'm just
saying like for the departmental reports
side. I haven't forgotten you all. I
know. All right. Up next, agenda item
six, comments from the public. Anyone
from the public that would like to
address the mayor and council may do so
at this time.
Okay. Seeing none, we'll move on to
comments from the council. We'll start
with council member.
>> Mayor, I just want to say thank you for
your many many years dedicated service
your heart soul.
» Council member Nichols,
>> congratulations.
A lot of this life has been
intertwined with this town. A lot of the
family history of your own
title in this town. Congratulations to
you and your family
successfully
made us enjoy the rest of your life.
Congratulations.
>> Thank you, Council Member Wars. Uh Mary,
I also um want to offer my
congratulations and
thank you for all of your service to the
brother. I I know I've only been working
with you professionally this capacity
for a short time in your career, but um
I have truly enjoyed
navigating.
>> Council member Green,
>> 35 years. Your emotions say it all. It
means a lot to me. It's meaningful and I
think the work
a lot to be proud of for sure. Um when I
was elected um actually when I decided
to run I came and saw you and filed and
asked you what the you know what makes a
good council person and what makes a not
so good council person and I took that
to heart and meaningful advice that I
try to keep in mind throughout this um
journey. So u yeah thank you for
everything you've done in town. We still
have some work to do though. But wishing
you all the best.
>> You're not done until October,
September.
>> Not that anybody's counting.
» Uh yes. Um I'm just I'm going to double
dip real quick just some some questions.
Um so I had brought up last month uh see
if there was any appetite on discussion
of data centers in Berlin and then any
implications they may or may not have. I
believe I sent I can't remember if it
was to the group or maybe it was just um
during count administration the counts
uh past Morris for you. Um I I don't
want to keep beating this if there's no
interest on the group. Uh I I personally
think we should be proactive but I'm
just asking now if there's no interest
in moving forward I would drop it. Um
I guess to my I don't want to destro I
guess I'm just trying to figure out how
we codify it. Um, and if it's needed, I
guess what your point is, you know, you
don't sure if it's needed, right? You
want to be proactive and reacting if
there's application that comes through
the plan,
>> right? Well, I mean, just not technical,
but it's just a discussion point. We
were, I believe, I could be wrong, we
were a little um taken back with the
solar model and then there wasn't
anything in the code to address it. So,
we kind of well navigated that and made
it work. But um this data centers is
counties. I mean Maryland I I can bring
you the information I got from Eastam.
These other municipalities are drafting
these um that can only be a year
moratorum.
Um so I I just think that
I think it's something we should talk
about.
>> Are there any tracks of land within the
town limits that are large enough to
accommodate a date?
>> Well, I mean it depends. Well, from what
I've learned uh and I won't take up too
much, but from what I've learned here,
there's different types of data sets and
that could affect the size of what they
are,
>> right? So, the the minimum I guess would
be like 3 to 5,000 square feet up to
whatever um
>> data
you could probably call the um little
fiber shed that we have a data center.
>> You know what I mean? you really could
because it houses
similar types of equipment, but it's not
what you see in the newspaper as a data
center,
>> right? And and I'm not there are there
are parcels in town that that are
currently for sale that would commercial
that would fit a center would fit it.
>> What's the problem with the data center?
Well, there are many state requirements
too that that you can't just like pop
one up as quickly as you can open a
brick and mortar shop, right? Doing
something else. There are a lot of
>> Well, you might know, I believe you
don't see about the names.
>> We've had two data as they want to come
to. How many are actually built? There's
a reason for that because they they
don't jive with who we are, what we are.
They don't jive with us right now, but
they may. We won't always be sitting
where we sit.
>> No, no, no. I'm saying they don't jive
as in the way that they wanted to build
it out, the requirements and all of
those things for them wasn't a fit.
>> So there's
>> I mean I felt that way too but
>> but they've never materialized.
>> And so you say they went through their
proposals.
>> They've reached out and asked for
guidance and they they didn't like the
guidance. They never got to the stage
formal
>> proposal.
>> I do think there's I personally I think
there is
>> I mean the town in any way
infrastructure
>> I don't know
>> I really don't understand the whole
thing about data centers just like I
don't understand the opposition to the
wind thing out there. So I I don't
really have a comment. I just think that
what Jack is saying really does
bear some exploration, but it needs a
lot more explanation
and
>> see what's the pros, what's the cons,
>> not what everybody not what you read in
the newspaper, not what you think you
know or admit,
>> but what what do we think is actually
happening
>> and I think it's a whole education
process.
>> It's a lot of environmental impact on
native centers being on the media to
Hawaii.
environmental issues. It's a problem
nationwide when the data center comes
especially in the small community with a
lot of disruption, a lot of generated a
lot of noise, a lot of um noise.
>> Yes. Um so
to the point I think we do
not
kind of strict but something in
so many communities not have it
happening after the fact
I just know maybe there are some
isolated properties where those
negatives would be less impactful but I
don't know if you're in the town of
Berlin it's hard I don't even know where
the town values are really so they also
draw significantly on uh public utility
resources, electric and water,
>> but the water is necessary to fuel the
process.
>> So maybe we don't have the kind of
resources that it and that's as you just
stated a second ago, not only do we need
to have the conversations, but we also
need to make sure that Berlin has a good
understanding as to what these data
center requirements are and what that
could do to our infrastructure. I think
the point of a moratorum gives you the
opportunity to do that research and
define things.
>> Is that a state moratorum or
>> the other side of that is too is that
like we we haven't been idle to Jack's
point that the association groups that
we're part of are doing some of this due
diligence. The state is doing some of
this as well. Uh, Council Member Nur and
I were just talking sidebar for a moment
that the state has even passed that
electric wise you have to be able to be
self-sufficient. Water-wise, you have to
not create an undue burden. So, there
are things that are working, but it's
kind of like uh cannabis and it's kind
of like drones, you know what I mean?
Like those are some things that have
occurred recently where we keep an eye
on them, but we didn't have a moratorum
on cannabis. But the
there are just things
>> so uh Jack's bringing forward which
isn't a bad thing a a discussion point
of whether or not the town needs a
moratorum on u data centers. Oh, I
thought there was one place
>> in the county and in other
municipalities.
>> Worester County has
>> correct.
>> Okay.
>> The county is a little different
municipality, but I'm just saying that
like
>> we are monitoring these things, but it's
not a bad idea to discuss them. And what
I'd like to do
>> take the lead. Someone's got to take the
lead.
>> If I if I may. Thank you.
>> You brought it up. Um uh since I I think
there's at least one more week of which
I can push this um uh one of our
colleagues in EAN has developed a nice
written out
thing on forming their committee and
drafting the right word is verbage and
stuff like that. Why don't I also send
that to the group and um I I can circle
back at our next meeting.
>> Why don't we put it as an item for
discussion? Okay.
>> At our next meeting that's great. Is it
possible to get somebody in here to
really help explain what they're all
about find
these unique session?
» Yeah, I think like a note no more than a
10 minute like presentation.
>> I will tell you that the September 14th
agenda this year
>> it's going to be pretty big. very well.
>> Can I can I sign for the next one then?
>> Yeah, I have one in September.
» Thank you.
>> You okay with that?
>> All right, let's see what else.
» All right, so then we'll move on to
comments from the mayor um mayor's
office. The one thing leading into our
next discussion, uh, we had talked about
the auxiliary dwelling unit stuff. I
think Kate sent that to everybody to put
it on your radar, but the first meeting
in September the 14th, we will have a
work session with the planning
commission like we did before to discuss
our
ideas and and a draft ordinance of
auxiliary dwelling units. It's probably
going to be a little bit like the fire
pits where we are going to meet,
discuss, there might be a markup and
then a first reading of that markup. Uh
during the 14th meeting, we will try to
get some consensus around what that
would look like and then hold a public
hearing on the second meeting in
September so that we meet the deadline
of October 1st for having something on
the books. So just as an FYI, keep that
on your calendar. So the public comment
for all those people out in the nursing
road public comment is not going to be
September 15. Public comment will be
September 20 whatever.
>> So when they come on September 14th you
listen not to interject.
>> Well
>> right at well so the public hearing will
be on the 28th of September. The public
of course can comment but during during
public comment time.
>> Okay. I'm asking
>> and the work session will not have
public comment time.
>> The work session. Say that one more
time.
>> The work session of the maring council
and the planning commission will not
have public comment
>> on the 14th. Which is right. Correct.
>> And then on the 14th, we will have the
introduction and first reading of the
ordinance that was a topic of discussion
and included in all the packets and
everything for the work session. And
then there will be the opportunity for
comment always at the end of our meeting
uh for public comment on the 14th where
the public may address any item
including that item and then a public
hearing will be held on the 28th.
All right, let's see up next comments
from the press. Okay, so we are now item
10 which is a jouring into close
session. So you want to read
>> uh I think that would be wise. Yes, give
me one second.
>> Give me one second. Let me find my
state.
Do I have a copy of that?
if not
my book, but I like to have my little
sheet just in case somebody gets
>> Okay, so um we would like a motion to go
into close session uh to adjourn into
close session. The statutory authority
for the closed session would be under
the general provisions article 3-305
item B one to discuss the discuss the
appointment employment assignment
promotion discipline demotion
compensation removal resignation or
performance evaluation of appointees
employees or officials over whom this
public body has jurisdiction or any
other personnel matter that affects one
or more specific individuals. Before we
take the motion to go into close uh to
adjourn our regular meeting and go into
close session, does anybody in
attendance have an objection to the
mayor and council going into close
session? Seeing none, we have to ask. So
if you go back to all of them, we always
ask.
>> Make a note when you go back into public
session.
>> Thank you, Mary. See, sure you want to
return. Um we will return to the public meeting
uh on Monday, September 14th at 6:00
p.m. So now we'll take a motion to
adjourn and slow down.
>> Motion by council member Oris, a second
by council member Nur. All in favor say
I.
>> All oppose. Let the record reflect the
vote unanimous. Would like favor abs.
Thank you all. Three perch chance.