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All

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right, good evening everyone and we're

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picking back up with our regular session

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of the mayor and council uh for the town

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of Berlin. It's Monday, August 24th,

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2026. If you uh saw the previous

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recording, that was for the public

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service commission hearing uh that was

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held prior to this meeting. Just as an

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FYI, anyone that maybe wasn't able to

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attend, the uh ability to still comment

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on case number 9879 is still available

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and there will be information published

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to the town of Berlin's website about

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how to be able to do that. All right,

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with that, we're going to begin with a

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moment of silence followed by the pledge

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of allegiance.

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I pledge allegiance to the flag of the

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United States of America and to the

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republic for which it stands, one nation

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under God, indivisible, with liberty and

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justice for all. Thank you all. Uh,

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first item on our agenda, the uh,

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consent agenda, which is the approval of

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our minutes from the regular session of

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August 10th, 2026. U Mayor Andrew might

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just have a minor correction on page 13

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of the packet minutes. Um the fourth

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paragraph down

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uh and about halfway through it's it

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states um council member reported

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conducting independent research and

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finding that 3 was commonly used as

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value and so forth and so on. Um, that

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was actually Council Member Green who

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did that research.

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>> Thank you. All right. So, do we get a

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motion with the correction?

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>> Oh, yeah. I'll make a motion with

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another correction.

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>> So, I have a motion by Council Member

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Orus with the correction on page 13 and

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a second by Council Member Ner. All in

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favor say I.

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>> All oppose. Let the record reflect the

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minutes from the regular session of

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August 10th, 2026 pass as amended with

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Vice President Burrell absent. Uh it is

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Vice President Burell's 41st wedding

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anniversary. So he said they wouldn't be

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here this evening. Uh so congratulations

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to him at the bow. All right. Up next,

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agenda item two, proclamation 2026-10,

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national preparedness month. And we have

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a proclamation of the mayor and council

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of town of Berlin for national

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preparedness month. Whereas emergencies

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and natural

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disasters, wow, can occur without

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warning. Testing the preparedness and

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resilience of our families,

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neighborhoods, community, and local

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infrastructure. And whereas the Federal

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Emergency Management Agency's FEMA Ready

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campaign has designated Americans stand

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ready as the theme of 2026 National

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Preparedness Month, emphasizing the

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importance of being ready before an

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emergency occurs. And whereas since

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2004, National Preparedness Month has

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encouraged Americans to take proactive

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steps to prepare themselves, their

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families, their homes, and their

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communities for emergencies and

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disasters. And whereas individual and

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household preparedness, including

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developing a family emergency and

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communication plan, assembling a

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disaster supply kit, understanding local

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risks, and signing up for the emergency

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alerts can help protect lives, reduce

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property loss, and strengthen our

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community's ability to respond to and

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recover from emergencies. Whereas the

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town of Berlin recognizes the and honors

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our first responders, emergency

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management professionals, public safety

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personnel, and volunteers whose

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dedication, preparation, and service

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help safeguard our community before,

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during, and after emergencies. Now

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therefore be proclaimed that I, Mayor

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Zach Tindle, and the council of Berlin,

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do hereby proclaim September 26 as

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national national preparedness month in

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the town of Berlin and encourage all

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residents, businesses, and community

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organizations to take meaningful steps

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toward preparedness, remain informed of

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potential hazards, and work together to

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strengthen the resiliency, safety, and

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readiness of our community. Thank you.

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Uh, with that, I will say that the

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ability to sign up for the emergency

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preparedness or the emergency

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communications, you can go to the town

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website, click the code red icon, and

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you can sign up for those emergency

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alerts. Uh, the same thing, Kate and

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Mary, does that automatically register

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you for Worcester counties, or do you

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have to do Worcester counties as well?

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>> In addition to

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>> So, Berlin and Worcester. So, you should

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do both really. Um, with that being

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said, uh, you'll notice that, uh, the

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first Saturday, I believe it is, of

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every month, uh, the Worcester County

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Emergency Services tests the siren as

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well. So, that's the long uh, blast of

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the siren. That is your civil alert

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awareness. So with that being said,

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we'll move on to agenda item three and

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that's a public hearing on ordinance

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2026-06

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amending chapter 16 entitled fire

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prevention and protection article 2

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entitled outdoor burning. Our town

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attorney David Yasel and our acting

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planning director Ryan Hardesty are

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going to run point. Our first reading on

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this was Monday August 10th 2026

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and the two of you need to take it away.

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>> That's a cry out story.

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I did just pass out the version that you

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said it later this afternoon. So what is

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coming to you now is slightly different

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than what was in the packet and Dain

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explain

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you.

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>> Are there copies available for the

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public? You can have

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>> Yeah, I think you're going to have some

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purple.

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>> Thanks.

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>> Yeah.

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So

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>> what I did after after our last meeting

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when we had first reading of the I

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amended the proposed ordinance with

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every amendment that

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» at that point it was pointed out to me

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that it appeared that we were appeared

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that the group wanted that outest open

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burn. So I then removed the section on

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earned feeds

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and

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I left it at that

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discussion with Ryan this morning. She

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was of the opinion that I should remove

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section 16-21 which is permit required

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because why would we want have someone

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get a permit for open burning if we're

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not allowing open burning?

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Subsequently, after I thought about this

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and talked to Ryan this evening, I I

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think we ought to table this. Start off

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all over.

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>> What?

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>> Well, there are still sections in this.

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If you look at 1619, purpose, and

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intent, the purpose of this article is

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to pro protect the public health,

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safety, and welfare by regulating open

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burn. We're not regulating it. We're

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out.

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>> Well, but it wouldn't open burning also

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be a fire pit, or is that a contained

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burn? I would think that it's open.

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>> That's a recreation.

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>> Okay.

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>> Recreation.

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>> Yeah.

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>> We also have a definition for open still

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in this.

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» I think you need to address open

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burning.

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>> I think we should need to address it.

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And if you want to outlaw it, then let

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me let me uh amend this to say open

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burning is not permitted within the town

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limits of Berlin.

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that this evening or will it take more

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you have that

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>> right is that 23

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safety regulates open burning

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» but we still have 1622 which is

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permanent exceptions we don't have any

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back issuing permits

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>> can we take it from date let's I mean we

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don't have a whole lot on our agenda

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let's take it on page one together Um,

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so the purpose of this article is to

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protect the public health, safety, and

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welfare by regulating open burning. It

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should also say regulating open burning

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and recreational burn.

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Isn't that correct?

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>> Yes.

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>> Within the town of Berlin, improper o

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open burning can create that could just

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say improper burning instead of open

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burn. You would strike the word open.

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can create fire hazards, air pollution,

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and public nuisances. This article is

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intended to ensure compliance with

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applicable state laws and regulations,

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including Comar 2617.

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Nothing within this ordinance shall

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authorize open burning that is

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prohibited by Worcester County Code of

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Public Walls, Comar, Maryland Forest

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Service Regulations, the Maryland State

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uh Fire Protection Code, or any other

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county or state burn ban. So with that,

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you would just get rid of

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open. You would just keep burning.

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>> Is that correct for paragraph one?

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What the change again is the purpose of

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this article is to protect the public

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health, safety and welfare by regulating

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open burning and recreational burning.

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>> Okay.

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>> You amend it.

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>> That's that's what I think it should

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say.

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>> Do you agree?

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>> How does the council?

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>> Then the next sentence is improper

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burning would take over.

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>> Yep.

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» Are you guys good with that? I is are

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there any objections from the governing

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body? Okay, keep moving. This article is

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intended to ensure compliance with

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applicable state laws and regulations

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including public first.

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Do we need to make any changes to the

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last sentence? Nothing within this order

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shall authorize open burning that is

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prohibited by the Worcester County Code

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of Public Law. We need to any of that.

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>> Hold on. Where are you? Yes.

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>> The last sentence in 1619, the first

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paragraph

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>> that we just for a second.

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>> Yes, something does need to be altered

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there because it says nothing within

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this ordinance shall authorize open

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burning. It should just say burning that

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is prohibited by Worester County Code.

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And then it goes on further.

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» Can you just give us a second to work

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through this and then we'll take all

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questions at the end. Go ahead.

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It's not open yet. No, it's okay.

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>> So, we want to go to definition.

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>> Yep. Let's go to definitions. Page two

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of the

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Okay. Definitions. The following words,

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terms, and phrases when used in this

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chapter shall have meanings ascribed to

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them in this section, except where the

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context clearly indicates a different

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meaning. Open burning means a fire where

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any material is burned in the open or in

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an open receptacle.

279
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Right. I think what you were discussing

280
00:11:19,120 --> 00:11:21,519
a few minutes ago at the very beginning

281
00:11:21,519 --> 00:11:24,640
about open burn versus burning it

282
00:11:24,640 --> 00:11:26,880
basically without a problem. That

283
00:11:26,880 --> 00:11:29,120
probably does need to be addressed a

284
00:11:29,120 --> 00:11:30,000
little bit better.

285
00:11:30,000 --> 00:11:30,480
>> Okay.

286
00:11:30,480 --> 00:11:33,600
>> You could argue that a uh fire pit is an

287
00:11:33,600 --> 00:11:36,079
open receptacle.

288
00:11:36,079 --> 00:11:41,990
>> Okay. But then

289
00:11:42,000 --> 00:11:43,920
recreational fire is underneath the

290
00:11:43,920 --> 00:11:48,550
different for the definition as well.

291
00:11:48,560 --> 00:11:49,920
» That that's yeah.

292
00:11:49,920 --> 00:11:51,920
>> So that's one of the clarify.

293
00:11:51,920 --> 00:11:55,040
>> Okay. So hold on. I'm going to basically

294
00:11:55,040 --> 00:11:57,279
highlight and accent that on my end and

295
00:11:57,279 --> 00:11:59,760
we'll come back. Recreational fire means

296
00:11:59,760 --> 00:12:02,480
a small controlled fire either gas or

297
00:12:02,480 --> 00:12:04,560
wood burning used for warmth or

298
00:12:04,560 --> 00:12:06,320
recreation not intended for waste

299
00:12:06,320 --> 00:12:08,079
disposal.

300
00:12:08,079 --> 00:12:11,990
Everybody good with that?

301
00:12:12,000 --> 00:12:15,519
Okay. Um cooking fire means a fire used

302
00:12:15,519 --> 00:12:18,240
solely for food preparation uh in

303
00:12:18,240 --> 00:12:20,560
grills, smokers, or similar appliances.

304
00:12:20,560 --> 00:12:22,639
I think we're good with that, right?

305
00:12:22,639 --> 00:12:24,480
Yard waste means leaves, grass

306
00:12:24,480 --> 00:12:26,959
clippings, weeds, and similar vegetative

307
00:12:26,959 --> 00:12:29,279
material. Pretty straightforward there,

308
00:12:29,279 --> 00:12:32,399
right? Yard debris means brush, limbs,

309
00:12:32,399 --> 00:12:35,120
branches, shrubs, and tree trimmings

310
00:12:35,120 --> 00:12:37,040
resulting from routine landscape

311
00:12:37,040 --> 00:12:39,680
maintenance. I don't know. Why does it

312
00:12:39,680 --> 00:12:41,839
need to say routine landscape

313
00:12:41,839 --> 00:12:43,519
maintenance

314
00:12:43,519 --> 00:12:46,959
or resulting from what it just mean? I

315
00:12:46,959 --> 00:12:48,639
think that's really not needed. Yard

316
00:12:48,639 --> 00:12:50,560
debris means brush, limbs, branches,

317
00:12:50,560 --> 00:12:52,399
shrubs, and tree.

318
00:12:52,399 --> 00:12:56,399
>> Well, clearing debris underneath. So,

319
00:12:56,399 --> 00:12:58,720
>> double check that to make sure that you

320
00:12:58,720 --> 00:13:01,279
>> I think routine landscape speaks

321
00:13:01,279 --> 00:13:03,360
difference between what's then defined.

322
00:13:03,360 --> 00:13:05,279
>> Okay. Let's keep it

323
00:13:05,279 --> 00:13:08,000
>> that's pruning a shrub. That's routine.

324
00:13:08,000 --> 00:13:10,639
>> Okay. So then land clearing debris means

325
00:13:10,639 --> 00:13:12,880
trees, stumps, brush and other natural

326
00:13:12,880 --> 00:13:15,120
vegetative material generated from the

327
00:13:15,120 --> 00:13:16,880
clearing of land for development or

328
00:13:16,880 --> 00:13:18,880
agricultural purposes. But there are

329
00:13:18,880 --> 00:13:20,720
other reasons people would clear land.

330
00:13:20,720 --> 00:13:22,800
>> Yeah.

331
00:13:22,800 --> 00:13:23,120
>> Like

332
00:13:23,120 --> 00:13:23,760
>> well develop

333
00:13:23,760 --> 00:13:25,200
>> what happens if they just wanted more

334
00:13:25,200 --> 00:13:25,920
open space?

335
00:13:25,920 --> 00:13:27,600
>> I mean I think you could argue that that

336
00:13:27,600 --> 00:13:29,200
might fall under development. that might

337
00:13:29,200 --> 00:13:30,959
be getting into the weeds.

338
00:13:30,959 --> 00:13:33,920
>> Why can't we just say why can't we say

339
00:13:33,920 --> 00:13:36,000
yard debris means brush, limbs,

340
00:13:36,000 --> 00:13:38,240
branches, shrubs, and tree trimming?

341
00:13:38,240 --> 00:13:40,800
Land clearing debris means trees,

342
00:13:40,800 --> 00:13:42,399
stumps, brush, and other natural

343
00:13:42,399 --> 00:13:44,560
vegetative material and get rid of

344
00:13:44,560 --> 00:13:46,639
generated doesn't matter how it was

345
00:13:46,639 --> 00:13:50,079
acquired. So strike generated from the

346
00:13:50,079 --> 00:13:51,839
clearing of land for development or

347
00:13:51,839 --> 00:13:54,800
agricultural purposes. And for yard

348
00:13:54,800 --> 00:13:56,639
debris above that, let's strike

349
00:13:56,639 --> 00:13:59,279
resulting from routine landscape

350
00:13:59,279 --> 00:14:00,800
maintenance. I don't think that's

351
00:14:00,800 --> 00:14:06,150
necessary. Would the group agree?

352
00:14:06,160 --> 00:14:07,519
» All right, let's move on then.

353
00:14:07,519 --> 00:14:08,800
>> I have a question.

354
00:14:08,800 --> 00:14:10,720
>> What did we do with open burning?

355
00:14:10,720 --> 00:14:12,399
>> We've highlighted that. We're coming

356
00:14:12,399 --> 00:14:14,639
back to it.

357
00:14:14,639 --> 00:14:17,279
>> Okay. Page three,

358
00:14:17,279 --> 00:14:20,240
section 1621, permit acceptance.

359
00:14:20,240 --> 00:14:22,800
Recreational fires as well as outdoor

360
00:14:22,800 --> 00:14:25,279
cooking fires using grills, smokers,

361
00:14:25,279 --> 00:14:28,000
barbecue pits or similar devices solely

362
00:14:28,000 --> 00:14:29,839
for food preparation are exempt from

363
00:14:29,839 --> 00:14:32,240
permitting requirement. Think that's

364
00:14:32,240 --> 00:14:35,680
straightforward? Everybody agree?

365
00:14:35,680 --> 00:14:38,800
Uh let's see. But let me say go ahead

366
00:14:38,800 --> 00:14:41,519
because you have permit exceptions but

367
00:14:41,519 --> 00:14:45,440
there is no permit so we have to say

368
00:14:45,440 --> 00:14:46,480
that

369
00:14:46,480 --> 00:14:48,560
>> let's can we once we get to the end can

370
00:14:48,560 --> 00:14:49,920
we come back or we're going to hit

371
00:14:49,920 --> 00:14:52,959
permits in a second all right uh section

372
00:14:52,959 --> 00:14:56,320
1622 I'm going to highlight permit so

373
00:14:56,320 --> 00:14:57,839
then we figure that and permit

374
00:14:57,839 --> 00:15:01,279
requirements um

375
00:15:01,279 --> 00:15:03,519
come back

376
00:15:03,519 --> 00:15:06,959
okay uh 1622 requirements for recreation

377
00:15:06,959 --> 00:15:09,279
burning must be a minimum of 15 ft away

378
00:15:09,279 --> 00:15:11,760
from any building structure or flammable

379
00:15:11,760 --> 00:15:14,560
material. Straightforward must be

380
00:15:14,560 --> 00:15:18,079
attended until completely

381
00:15:18,079 --> 00:15:21,440
extinguished. Reasonable bonfires may be

382
00:15:21,440 --> 00:15:24,880
no larger than 3 feet high and 4 feet in

383
00:15:24,880 --> 00:15:27,360
diameter. I think that's reasonable and

384
00:15:27,360 --> 00:15:28,399
we pulled that from other

385
00:15:28,399 --> 00:15:31,920
municipalities. Uh, number four, bonfire

386
00:15:31,920 --> 00:15:34,240
shall only be allowed from 6 pm to 10

387
00:15:34,240 --> 00:15:35,519
pm. I think the neighboring

388
00:15:35,519 --> 00:15:38,720
municipalities were uh till midnight and

389
00:15:38,720 --> 00:15:40,480
we tighten it up. I think council member

390
00:15:40,480 --> 00:15:42,320
Nichols, you had suggested 10 p.m.

391
00:15:42,320 --> 00:15:44,079
>> Yeah, I have Can we talk about that one

392
00:15:44,079 --> 00:15:47,199
for a minute? Sure. Um, so for one, um,

393
00:15:47,199 --> 00:15:48,639
I don't know that we need to have a

394
00:15:48,639 --> 00:15:51,440
start time, frankly. I think 6 p.m. one

395
00:15:51,440 --> 00:15:53,759
day in November, it start at five.

396
00:15:53,759 --> 00:15:55,920
>> Yeah. So, that's one thing, but also

397
00:15:55,920 --> 00:15:59,120
like what um I have to be trit what do

398
00:15:59,120 --> 00:16:02,800
we care if um a neighbor wants to have a

399
00:16:02,800 --> 00:16:05,440
small bonfire or s'mores for their kids,

400
00:16:05,440 --> 00:16:07,440
you know, at 3:00 in the afternoon, you

401
00:16:07,440 --> 00:16:09,199
know? So, I'm kind of like don't feel

402
00:16:09,199 --> 00:16:10,480
like I feel like that may be a little

403
00:16:10,480 --> 00:16:13,279
overkill on our part. Um the 10 p.m. I

404
00:16:13,279 --> 00:16:15,120
know that came up at the last meeting.

405
00:16:15,120 --> 00:16:17,600
Um I mean, I feel like that's honestly a

406
00:16:17,600 --> 00:16:20,160
bit early. Um I

407
00:16:20,160 --> 00:16:22,880
>> do what, Steve? Well, yeah. I think 11

408
00:16:22,880 --> 00:16:25,360
p.m. I mean, midnight's Ocean City. Um,

409
00:16:25,360 --> 00:16:26,320
>> 11's good.

410
00:16:26,320 --> 00:16:28,720
>> Okay.

411
00:16:28,720 --> 00:16:30,079
I think what we're looking at there,

412
00:16:30,079 --> 00:16:32,000
it's, you know, let's be honest, you

413
00:16:32,000 --> 00:16:33,839
know, it's it's going to be a reactive

414
00:16:33,839 --> 00:16:35,440
type of situation, you know, right? I

415
00:16:35,440 --> 00:16:37,040
hope our neighbors text them their

416
00:16:37,040 --> 00:16:38,560
neighbors to be like, "Listen, you're

417
00:16:38,560 --> 00:16:40,079
being a little rowdy or whatever the

418
00:16:40,079 --> 00:16:43,360
case may be." Um, so I'm fine with 11 pm

419
00:16:43,360 --> 00:16:45,120
on that. I appreciate the start time

420
00:16:45,120 --> 00:16:46,320
being taken because I just

421
00:16:46,320 --> 00:16:48,720
>> Okay, so we It should say bonfire shall

422
00:16:48,720 --> 00:16:52,160
only be allowed until 10 or until 11

423
00:16:52,160 --> 00:16:53,600
p.m.

424
00:16:53,600 --> 00:16:54,959
>> Oh, midnight.

425
00:16:54,959 --> 00:16:57,360
>> Mid midnight. That's was my suggestion.

426
00:16:57,360 --> 00:16:58,560
But

427
00:16:58,560 --> 00:17:00,639
>> I I said midnight sounded good last

428
00:17:00,639 --> 00:17:02,959
meeting, but it was it was taken down to

429
00:17:02,959 --> 00:17:04,480
10.

430
00:17:04,480 --> 00:17:06,799
I mean my thing I where I was going with

431
00:17:06,799 --> 00:17:10,640
the kind of block was the aligning it

432
00:17:10,640 --> 00:17:12,559
with all the other things that they need

433
00:17:12,559 --> 00:17:15,439
lights at park or what is when is noise

434
00:17:15,439 --> 00:17:17,360
ordinance starting to be one of those

435
00:17:17,360 --> 00:17:18,640
things that you know what I'm saying is

436
00:17:18,640 --> 00:17:21,360
there a time on that when they start

437
00:17:21,360 --> 00:17:22,000
that's

438
00:17:22,000 --> 00:17:25,039
>> noise could be a separate thing you

439
00:17:25,039 --> 00:17:27,039
could have a bonfire without being

440
00:17:27,039 --> 00:17:32,720
>> yeah I mean you know if you guys if you want to have 11 o'clock you want

441
00:17:32,720 --> 00:17:35,039
to have 12 o'clock Help yourself with

442
00:17:35,039 --> 00:17:36,720
that. My only thing with that is I don't

443
00:17:36,720 --> 00:17:40,080
want I don't want there to be

444
00:17:40,080 --> 00:17:42,720
in and by October when we're all out

445
00:17:42,720 --> 00:17:45,120
bonfiring in our yards, everybody coming

446
00:17:45,120 --> 00:17:47,600
in here and complaining, oh my gosh,

447
00:17:47,600 --> 00:17:49,600
people are out till midnight and it's

448
00:17:49,600 --> 00:17:51,840
and I'm just that's my only thing. You

449
00:17:51,840 --> 00:17:53,200
know what I'm saying? So if you want it

450
00:17:53,200 --> 00:17:54,640
to be midnight, I have no problems with

451
00:17:54,640 --> 00:17:56,480
that. I was just aligning the 10 o'clock

452
00:17:56,480 --> 00:17:59,679
with when all the other things start to

453
00:17:59,679 --> 00:18:02,320
shut down. I would complaining right now

454
00:18:02,320 --> 00:18:03,919
that

455
00:18:03,919 --> 00:18:04,799
I don't think so.

456
00:18:04,799 --> 00:18:06,559
>> Hold on if you don't mind. So I think

457
00:18:06,559 --> 00:18:08,960
this was placed in at the at our last

458
00:18:08,960 --> 00:18:12,160
meeting because there was public comment

459
00:18:12,160 --> 00:18:15,360
about nuisance burning and how do we

460
00:18:15,360 --> 00:18:18,080
address and des like identify nuisance

461
00:18:18,080 --> 00:18:19,919
burning? If you put a time in there

462
00:18:19,919 --> 00:18:22,000
without a start time, the end time

463
00:18:22,000 --> 00:18:24,400
really is irrelevant because you can

464
00:18:24,400 --> 00:18:27,200
pick up burning again right after the

465
00:18:27,200 --> 00:18:28,880
time ends because you don't have a start

466
00:18:28,880 --> 00:18:30,640
time.

467
00:18:30,640 --> 00:18:34,480
I could have a 1 a.m. fire

468
00:18:34,480 --> 00:18:37,360
sunset because that varies according to

469
00:18:37,360 --> 00:18:38,799
the time of year.

470
00:18:38,799 --> 00:18:40,400
>> I mean, I'm just saying like I think if

471
00:18:40,400 --> 00:18:42,400
you're going to strike the opening time,

472
00:18:42,400 --> 00:18:43,679
the end time doesn't matter.

473
00:18:43,679 --> 00:18:46,240
>> Opening time might relate to general

474
00:18:46,240 --> 00:18:50,559
weather. There might someone be attuned

475
00:18:50,559 --> 00:18:54,559
to and knowledgeable about managing

476
00:18:54,559 --> 00:18:59,120
these things. They might say, well, hey,

477
00:18:59,120 --> 00:19:01,919
you know, it is typical that the wind is

478
00:19:01,919 --> 00:19:03,679
going to change or it's going to die

479
00:19:03,679 --> 00:19:06,160
down. It's going to shift in direction

480
00:19:06,160 --> 00:19:08,880
around this time during the day. But you

481
00:19:08,880 --> 00:19:10,640
guys want to ban anything that I do

482
00:19:10,640 --> 00:19:12,400
anyway. So, it doesn't matter. I'm just

483
00:19:12,400 --> 00:19:14,000
going to point out that it might be a

484
00:19:14,000 --> 00:19:15,679
little bit more complicated than this

485
00:19:15,679 --> 00:19:17,360
came forward discussion.

486
00:19:17,360 --> 00:19:20,080
>> Thank you. We appreciate that. The um

487
00:19:20,080 --> 00:19:23,600
but the the thing is is that can we

488
00:19:23,600 --> 00:19:26,960
strike this entire

489
00:19:26,960 --> 00:19:28,880
>> can we strike this uh number four

490
00:19:28,880 --> 00:19:31,679
entirely? Because if we're going to if

491
00:19:31,679 --> 00:19:33,280
we're going to not have a start time,

492
00:19:33,280 --> 00:19:36,000
the end time doesn't matter.

493
00:19:36,000 --> 00:19:39,039
>> That would

494
00:19:39,039 --> 00:19:40,640
be fine with that. And if we have a lot

495
00:19:40,640 --> 00:19:42,320
of nuisance taking place and people

496
00:19:42,320 --> 00:19:44,400
coming in here, then we just take it up

497
00:19:44,400 --> 00:19:46,480
at that time. That's good. Is everybody

498
00:19:46,480 --> 00:19:49,360
okay with that? Yeah. Breaking floor in

499
00:19:49,360 --> 00:19:51,360
section 1622.

500
00:19:51,360 --> 00:19:53,760
All right. Uh number five, which will

501
00:19:53,760 --> 00:19:55,679
become our new number four. No hazardous

502
00:19:55,679 --> 00:19:58,160
conditions, air pollution, or nuisance

503
00:19:58,160 --> 00:20:00,240
will be created.

504
00:20:00,240 --> 00:20:02,000
I think it's a nice thing to just put it

505
00:20:02,000 --> 00:20:03,760
in there, but I think that nuisance is

506
00:20:03,760 --> 00:20:08,080
very big. Um section 1623, prohibited

507
00:20:08,080 --> 00:20:10,640
burning. The burning of yard waste, yard

508
00:20:10,640 --> 00:20:12,960
debris, land clearing debris generated

509
00:20:12,960 --> 00:20:15,520
from doesn't really matter how it was

510
00:20:15,520 --> 00:20:17,280
generated in my opinion, but generated

511
00:20:17,280 --> 00:20:19,360
from the maintenance or cleaning of

512
00:20:19,360 --> 00:20:21,760
property, household trash, hazardous

513
00:20:21,760 --> 00:20:23,760
materials, treated wood, plastics, or

514
00:20:23,760 --> 00:20:26,400
rubber. I guess might be worth it. Uh,

515
00:20:26,400 --> 00:20:28,400
is prohibited. Everybody okay with that

516
00:20:28,400 --> 00:20:30,320
one?

517
00:20:30,320 --> 00:20:33,360
All open burning. Moving on to page

518
00:20:33,360 --> 00:20:36,640
four. Permits are automatically.

519
00:20:36,640 --> 00:20:42,870
But we're taking out from 1624

520
00:20:42,880 --> 00:20:44,720
land.

521
00:20:44,720 --> 00:20:46,080
>> I don't think so. Because

522
00:20:46,080 --> 00:20:48,000
>> so we're not taking out generated from

523
00:20:48,000 --> 00:20:50,000
the maintenance of the property.

524
00:20:50,000 --> 00:20:50,960
>> Yeah.

525
00:20:50,960 --> 00:20:51,440
>> I mean,

526
00:20:51,440 --> 00:20:53,280
>> we took that out of the definition.

527
00:20:53,280 --> 00:20:55,840
>> Yes. But then household trash, hazardous

528
00:20:55,840 --> 00:20:57,760
materials, treated wood, plastics, and

529
00:20:57,760 --> 00:21:00,480
rubber were not in the definition.

530
00:21:00,480 --> 00:21:01,039
>> Just just check.

531
00:21:01,039 --> 00:21:03,120
>> Is that okay though? Just check.

532
00:21:03,120 --> 00:21:06,640
>> All right. Um, all open burning permits

533
00:21:06,640 --> 00:21:08,559
are automatically suspended whenever

534
00:21:08,559 --> 00:21:10,559
Worcester County or the state of

535
00:21:10,559 --> 00:21:12,320
Maryland declares a burn ban. We're

536
00:21:12,320 --> 00:21:14,960
going to need to come back to it.

537
00:21:14,960 --> 00:21:18,080
>> Town of Berlin, should we decide to do a

538
00:21:18,080 --> 00:21:19,200
burn?

539
00:21:19,200 --> 00:21:20,720
>> Well, and I think that this is going to

540
00:21:20,720 --> 00:21:22,400
require us to revisit that in just a

541
00:21:22,400 --> 00:21:25,120
second anyway because of the permitting

542
00:21:25,120 --> 00:21:29,120
that Gas will ref. All right. So then

543
00:21:29,120 --> 00:21:32,400
1624 enforcement and penalties on any

544
00:21:32,400 --> 00:21:34,799
person who shall violate any provision

545
00:21:34,799 --> 00:21:37,600
of this article shall be guilty of a

546
00:21:37,600 --> 00:21:39,200
municipal infraction and shall be

547
00:21:39,200 --> 00:21:41,840
subject to a fine in the amount of $100

548
00:21:41,840 --> 00:21:44,960
for any single or initial infraction and

549
00:21:44,960 --> 00:21:47,600
a fine in the amount of $200 for each

550
00:21:47,600 --> 00:21:50,880
repeat or continuing violation.

551
00:21:50,880 --> 00:21:52,480
Okay,

552
00:21:52,480 --> 00:21:54,320
we don't have anything outside of

553
00:21:54,320 --> 00:21:57,840
referencing permitting. So we need to

554
00:21:57,840 --> 00:22:04,870
hold one sec

555
00:22:04,880 --> 00:22:08,320
out where the material is burned in the

556
00:22:08,320 --> 00:22:11,909
open.

557
00:22:11,919 --> 00:22:14,240
Um

558
00:22:14,240 --> 00:22:20,870
see

559
00:22:20,880 --> 00:22:23,360
should is our first location where we

560
00:22:23,360 --> 00:22:25,919
reference a permit

561
00:22:25,919 --> 00:22:28,320
in the amended ordinance. The first time

562
00:22:28,320 --> 00:22:30,720
we reference that is on R page three

563
00:22:30,720 --> 00:22:34,159
section 1621. Right. And gaswell your

564
00:22:34,159 --> 00:22:36,159
recommendation is that we get rid of

565
00:22:36,159 --> 00:22:38,559
permanent this whole section because we

566
00:22:38,559 --> 00:22:42,880
don't have a permit. Is that correct?

567
00:22:42,880 --> 00:22:47,600
>> Page three, 16, section 1621.

568
00:22:47,600 --> 00:22:49,440
>> I think the discussion was that in the

569
00:22:49,440 --> 00:22:52,559
way the code currently reads, you only

570
00:22:52,559 --> 00:22:54,720
need to obtain a permit if we're doing

571
00:22:54,720 --> 00:22:57,520
an open burn. So if you are eliminating

572
00:22:57,520 --> 00:22:59,520
open burning, you're eliminating the

573
00:22:59,520 --> 00:23:01,840
reason for a permit. So then that

574
00:23:01,840 --> 00:23:04,080
language just doesn't have any place in

575
00:23:04,080 --> 00:23:05,440
the code.

576
00:23:05,440 --> 00:23:08,640
>> Okay. So then my question is why don't

577
00:23:08,640 --> 00:23:11,760
we change 1621's heading instead of it

578
00:23:11,760 --> 00:23:13,600
saying permit exceptions? Why don't we

579
00:23:13,600 --> 00:23:16,640
make that say authorized burning? And it

580
00:23:16,640 --> 00:23:18,400
says recreational fires as well as

581
00:23:18,400 --> 00:23:20,240
outdoor cooking fires using grills,

582
00:23:20,240 --> 00:23:22,400
smokers, barbecue pits or similar

583
00:23:22,400 --> 00:23:25,919
devices solely for food preparation.

584
00:23:25,919 --> 00:23:28,480
Recreational fires as well as Okay. for

585
00:23:28,480 --> 00:23:31,679
food preparation are

586
00:23:31,679 --> 00:23:37,750
authorized.

587
00:23:37,760 --> 00:23:39,039
with the following requirements which is

588
00:23:39,039 --> 00:23:41,039
the next section.

589
00:23:41,039 --> 00:23:43,840
>> Yeah, there you are. I like that. Uh are

590
00:23:43,840 --> 00:23:45,840
authorized

591
00:23:45,840 --> 00:23:47,600
repeat that

592
00:23:47,600 --> 00:23:49,200
>> with the following requirements.

593
00:23:49,200 --> 00:23:54,789
>> Authorized with following requirements

594
00:23:54,799 --> 00:23:56,240
» requirements.

595
00:23:56,240 --> 00:23:58,320
>> Let's not move on.

596
00:23:58,320 --> 00:24:02,149
>> You're good.

597
00:24:02,159 --> 00:24:04,880
» Are authorized from what? Um, so hold

598
00:24:04,880 --> 00:24:07,440
on, let me let me restate it. So section

599
00:24:07,440 --> 00:24:09,039
1621,

600
00:24:09,039 --> 00:24:11,600
>> we're going to remove the heading permit

601
00:24:11,600 --> 00:24:13,600
exceptions and it's going to be retitled

602
00:24:13,600 --> 00:24:14,720
authorized burning.

603
00:24:14,720 --> 00:24:15,360
>> Got it.

604
00:24:15,360 --> 00:24:17,440
>> It will read below that recreational

605
00:24:17,440 --> 00:24:19,919
fires as well as outdoor cooking fires

606
00:24:19,919 --> 00:24:22,000
using grills, smokers, barbecue pits, or

607
00:24:22,000 --> 00:24:24,240
similar devices solely for food

608
00:24:24,240 --> 00:24:27,520
preparation are authorized with the

609
00:24:27,520 --> 00:24:29,360
following provision following

610
00:24:29,360 --> 00:24:31,679
requirements. And then it'll go into

611
00:24:31,679 --> 00:25:03,350
1622.

612
00:25:03,360 --> 00:25:05,279
Okay, we're going to change the heading

613
00:25:05,279 --> 00:25:09,760
to section 1621 to authorize burning.

614
00:25:09,760 --> 00:25:12,080
It shall say recreational fires as well

615
00:25:12,080 --> 00:25:14,400
as outdoor cooking fires using grills,

616
00:25:14,400 --> 00:25:16,880
smokers, barbecue pits, or some of those

617
00:25:16,880 --> 00:25:19,840
devices solely for food preparation are

618
00:25:19,840 --> 00:25:21,679
authorized with the following

619
00:25:21,679 --> 00:25:24,720
requirements of section 16-22.

620
00:25:24,720 --> 00:25:25,840
>> I like both.

621
00:25:25,840 --> 00:25:28,000
>> Yep.

622
00:25:28,000 --> 00:25:29,840
>> Do we have consensus on that?

623
00:25:29,840 --> 00:25:30,240
>> Yeah.

624
00:25:30,240 --> 00:25:33,760
>> Okay. And go ahead. Well, with that now

625
00:25:33,760 --> 00:25:36,320
16-22 should probably be titled

626
00:25:36,320 --> 00:25:40,480
requirements for recreational and

627
00:25:40,480 --> 00:25:42,400
cooking fires.

628
00:25:42,400 --> 00:25:44,320
>> Requirements for recreational and

629
00:25:44,320 --> 00:25:44,720
cooking

630
00:25:44,720 --> 00:25:45,679
>> striking burning

631
00:25:45,679 --> 00:25:46,480
>> striking burn.

632
00:25:46,480 --> 00:25:49,279
>> So requirements for recreational

633
00:25:49,279 --> 00:25:50,159
and

634
00:25:50,159 --> 00:25:52,400
>> cooking

635
00:25:52,400 --> 00:25:53,520
fires.

636
00:25:53,520 --> 00:25:54,880
>> That's what simplifies just say

637
00:25:54,880 --> 00:25:56,159
authorized burning.

638
00:25:56,159 --> 00:25:58,320
>> Requirements for authorized.

639
00:25:58,320 --> 00:25:59,600
>> Okay,

640
00:25:59,600 --> 00:26:01,919
>> I like that. Simplified.

641
00:26:01,919 --> 00:26:02,799
I hear.

642
00:26:02,799 --> 00:26:05,600
>> Okay. So, section 1622 is going to be

643
00:26:05,600 --> 00:26:11,279
retitled requirements for authorized

644
00:26:11,279 --> 00:26:27,269
burn.

645
00:26:27,279 --> 00:26:29,120
All right. So, then prohibited burning

646
00:26:29,120 --> 00:26:33,360
stays the same. Um, can we go back to

647
00:26:33,360 --> 00:26:37,200
open burning because No, hold on. Hold

648
00:26:37,200 --> 00:26:37,919
on one second.

649
00:26:37,919 --> 00:26:39,760
>> My council member told me that there

650
00:26:39,760 --> 00:26:42,240
would be a discussion

651
00:26:42,240 --> 00:26:43,840
public hearing in a moment.

652
00:26:43,840 --> 00:26:45,679
>> But but no, you're actually negotiating

653
00:26:45,679 --> 00:26:47,120
the full text before there's a

654
00:26:47,120 --> 00:26:48,400
discussion.

655
00:26:48,400 --> 00:26:51,679
>> That this is this is not the procedure

656
00:26:51,679 --> 00:26:53,919
at least that my council member

657
00:26:53,919 --> 00:26:56,159
indicated to me that we would have.

658
00:26:56,159 --> 00:26:58,720
>> Okay. So I'm a I'm a bit curious about

659
00:26:58,720 --> 00:27:00,480
because you you see you're saying that

660
00:27:00,480 --> 00:27:03,440
you are going to have public discussion

661
00:27:03,440 --> 00:27:06,080
but you actually want to finalize the

662
00:27:06,080 --> 00:27:09,120
code before there's a public discussion.

663
00:27:09,120 --> 00:27:11,360
>> So that's really kind of a fake promise

664
00:27:11,360 --> 00:27:13,200
isn't it of public participation.

665
00:27:13,200 --> 00:27:14,880
>> Thank you Mr. And we'll address that in

666
00:27:14,880 --> 00:27:18,400
a moment. Um open burning uh means a

667
00:27:18,400 --> 00:27:20,640
fire. So back to page two. Open fire

668
00:27:20,640 --> 00:27:22,480
means a fire where any material is

669
00:27:22,480 --> 00:27:25,039
burned in the open or in an open

670
00:27:25,039 --> 00:27:27,760
receptacle. To the point of it being

671
00:27:27,760 --> 00:27:30,240
vague, I think we got to try and find a

672
00:27:30,240 --> 00:27:33,120
way to put open burning and include some

673
00:27:33,120 --> 00:27:36,400
of the stuff that is in 1623.

674
00:27:36,400 --> 00:27:38,400
You know, any of you have any thoughts

675
00:27:38,400 --> 00:27:40,960
on how we can best do that? You want to

676
00:27:40,960 --> 00:27:44,799
add a definition to cover fires

677
00:27:44,799 --> 00:27:48,559
>> or maybe also uh prohibited materials

678
00:27:48,559 --> 00:27:52,070
from burning.

679
00:27:52,080 --> 00:27:54,799
» I just I feel like saying in an open

680
00:27:54,799 --> 00:27:57,600
receptacle

681
00:27:57,600 --> 00:27:58,559
>> is very vague.

682
00:27:58,559 --> 00:28:01,840
>> Yeah. Yeah. So then instead of having

683
00:28:01,840 --> 00:28:03,840
open burning

684
00:28:03,840 --> 00:28:06,799
um can we come up with a better word

685
00:28:06,799 --> 00:28:11,919
choice and strike open burning from

686
00:28:11,919 --> 00:28:14,320
what about prohibited materials or

687
00:28:14,320 --> 00:28:18,149
something like that

688
00:28:18,159 --> 00:28:20,640
because you have in here I'm I'm not

689
00:28:20,640 --> 00:28:22,480
saying anybody in particular we the town

690
00:28:22,480 --> 00:28:25,279
of Berlin have in here um household

691
00:28:25,279 --> 00:28:28,240
trash hazardous materials treated wood

692
00:28:28,240 --> 00:28:30,799
plastics and rubber I mean those are all

693
00:28:30,799 --> 00:28:33,520
things that I think we have a go ahead.

694
00:28:33,520 --> 00:28:36,720
Open burning means a fire. A fire where

695
00:28:36,720 --> 00:28:44,710
any material

696
00:28:44,720 --> 00:28:46,399
I was ready to say

697
00:28:46,399 --> 00:28:48,320
>> it's okay. It it would it would

698
00:28:48,320 --> 00:28:50,000
reference

699
00:28:50,000 --> 00:28:54,230
section 1623

700
00:28:54,240 --> 00:28:56,240
burning need to fire on every material

701
00:28:56,240 --> 00:28:58,480
to burn in the open

702
00:28:58,480 --> 00:29:01,360
or in an open receptacle

703
00:29:01,360 --> 00:29:03,360
which is prohibited

704
00:29:03,360 --> 00:29:08,149
by section 16-23.

705
00:29:08,159 --> 00:29:10,799
» Um hold on. Is there a way to put in

706
00:29:10,799 --> 00:29:14,320
here unauthorized burning? And that

707
00:29:14,320 --> 00:29:16,240
would include

708
00:29:16,240 --> 00:29:18,960
um we could make it so it includes open

709
00:29:18,960 --> 00:29:22,640
burning as well as the items listed in

710
00:29:22,640 --> 00:29:26,880
prohibited um burning. So unauthorized

711
00:29:26,880 --> 00:29:30,080
burning would include open burning

712
00:29:30,080 --> 00:29:32,880
as well as yard waste, yard debris, land

713
00:29:32,880 --> 00:29:35,679
clearing debris. That that's what open

714
00:29:35,679 --> 00:29:37,840
burning is. Why don't you just address

715
00:29:37,840 --> 00:29:40,240
it in 1623

716
00:29:40,240 --> 00:29:43,039
by saying in the last line uh hazardous

717
00:29:43,039 --> 00:29:45,679
materials treated with plastic or rubber

718
00:29:45,679 --> 00:29:50,159
is as or is defined as open burning and

719
00:29:50,159 --> 00:29:52,240
prohibited.

720
00:29:52,240 --> 00:29:54,480
Okay,

721
00:29:54,480 --> 00:29:58,399
I see what you're saying. So 1623 the

722
00:29:58,399 --> 00:30:00,480
burning of yard waste, yard debris, land

723
00:30:00,480 --> 00:30:02,000
clearing debris generated from the

724
00:30:02,000 --> 00:30:04,320
maintenance or clearing of property,

725
00:30:04,320 --> 00:30:06,240
household trash, hazardous materials

726
00:30:06,240 --> 00:30:09,039
treated wood, plastic or rubber is

727
00:30:09,039 --> 00:30:12,559
prohibited. No is defined is as open

728
00:30:12,559 --> 00:30:16,080
burning and is prohibited

729
00:30:16,080 --> 00:30:20,320
>> as open even if it's closed burn it

730
00:30:20,320 --> 00:30:22,240
still we would these materials would

731
00:30:22,240 --> 00:30:24,480
just be classified as open. I mean, open

732
00:30:24,480 --> 00:30:27,279
burning is a well-known phrase.

733
00:30:27,279 --> 00:30:28,880
>> I'm just saying though, I mean, like if

734
00:30:28,880 --> 00:30:30,960
I took my hazardous I'm not saying I do

735
00:30:30,960 --> 00:30:32,559
this, but if I took my hazardous

736
00:30:32,559 --> 00:30:37,679
material or my uh like say somebody's

737
00:30:37,679 --> 00:30:39,120
got plastic Tupperware and they don't

738
00:30:39,120 --> 00:30:40,320
want to take it to the landfill and put

739
00:30:40,320 --> 00:30:41,440
it in the trash can for some reason,

740
00:30:41,440 --> 00:30:43,360
they want to burn it, but they do it in

741
00:30:43,360 --> 00:30:45,919
a closed receptacle. It's still not

742
00:30:45,919 --> 00:30:48,960
going to be healthy for the public,

743
00:30:48,960 --> 00:30:51,919
but it would it would also be closed. It

744
00:30:51,919 --> 00:30:54,000
wouldn't be open.

745
00:30:54,000 --> 00:30:55,440
That would be a separate

746
00:30:55,440 --> 00:30:57,840
>> I'm just Why don't we say unauthorized

747
00:30:57,840 --> 00:31:02,320
burning includes open burning as well as

748
00:31:02,320 --> 00:31:06,320
debris yard u the burning of yard waste

749
00:31:06,320 --> 00:31:08,799
yard debris land clearing debris the

750
00:31:08,799 --> 00:31:10,399
maintenance of cleaning of property

751
00:31:10,399 --> 00:31:12,240
household trash hazardous materials

752
00:31:12,240 --> 00:31:15,360
treated wood plastic and rubber

753
00:31:15,360 --> 00:31:18,080
>> are we putting that in the definition

754
00:31:18,080 --> 00:31:20,640
I think that it wouldn't hurt it also

755
00:31:20,640 --> 00:31:24,399
clarifies them So my recommendation and

756
00:31:24,399 --> 00:31:27,200
we can see how it dives, right? Is to

757
00:31:27,200 --> 00:31:29,600
strike the definition for open burning

758
00:31:29,600 --> 00:31:34,950
and make that unauthorized

759
00:31:34,960 --> 00:31:37,679
burning

760
00:31:37,679 --> 00:31:41,190
includes

761
00:31:41,200 --> 00:31:45,029
open burning.

762
00:31:45,039 --> 00:31:47,519
and

763
00:31:47,519 --> 00:31:53,279
or and um yeah and or

764
00:31:53,279 --> 00:31:55,360
and then pick up here the burning of

765
00:31:55,360 --> 00:31:58,159
yard waste, yard debris,

766
00:31:58,159 --> 00:32:00,000
land clearing debris generated from the

767
00:32:00,000 --> 00:32:02,080
maintenance of cleaning property,

768
00:32:02,080 --> 00:32:04,399
household trash, hazardous materials,

769
00:32:04,399 --> 00:32:10,470
treated wood, plastics or rubber.

770
00:32:10,480 --> 00:32:12,320
And we're removing the definition of

771
00:32:12,320 --> 00:32:19,190
open burning.

772
00:32:19,200 --> 00:32:21,840
Let make a modest suggest even for your

773
00:32:21,840 --> 00:32:24,080
own purposes so that you have a town

774
00:32:24,080 --> 00:32:26,159
code that actually makes sense at the

775
00:32:26,159 --> 00:32:28,799
end of this that you take your council's

776
00:32:28,799 --> 00:32:32,000
advice to allow someone to calmly and

777
00:32:32,000 --> 00:32:34,720
fully try to go through this instead of

778
00:32:34,720 --> 00:32:37,519
rushing it through this all and a few

779
00:32:37,519 --> 00:32:40,399
other people um just for your own sake.

780
00:32:40,399 --> 00:32:42,320
Do you have a do you have a town code

781
00:32:42,320 --> 00:32:44,720
that makes sense at the end of the day?

782
00:32:44,720 --> 00:32:46,320
>> Thank you. But our mission is not to

783
00:32:46,320 --> 00:32:47,919
aggravate anyone. It's to respect

784
00:32:47,919 --> 00:32:50,159
everybody's time that has come here to

785
00:32:50,159 --> 00:32:52,880
provide testimony for the public hearing

786
00:32:52,880 --> 00:32:55,600
process and hopefully have something

787
00:32:55,600 --> 00:32:58,080
that the public can actually comment on.

788
00:32:58,080 --> 00:33:01,200
So, uh, Gaswell, then we got to go back

789
00:33:01,200 --> 00:33:02,880
to

790
00:33:02,880 --> 00:33:06,710
>> Go ahead.

791
00:33:06,720 --> 00:33:08,320
» Okay. So, we're going to strengthen the

792
00:33:08,320 --> 00:33:10,320
definition of open burning.

793
00:33:10,320 --> 00:33:12,960
>> Correct. And it would then say

794
00:33:12,960 --> 00:33:14,159
unauthorized burning.

795
00:33:14,159 --> 00:33:15,840
>> Let me tell you what I've written. Go

796
00:33:15,840 --> 00:33:16,640
ahead.

797
00:33:16,640 --> 00:33:18,799
>> It's a definition.

798
00:33:18,799 --> 00:33:21,279
Unauthorized burning includes open

799
00:33:21,279 --> 00:33:23,919
burning and all burning described in

800
00:33:23,919 --> 00:33:28,240
section 16-23 entitled prohibited burn.

801
00:33:28,240 --> 00:33:30,399
>> I like that.

802
00:33:30,399 --> 00:33:34,310
>> Everybody

803
00:33:34,320 --> 00:33:36,799
simplified it.

804
00:33:36,799 --> 00:33:41,750
for 16.

805
00:33:41,760 --> 00:33:44,880
How about the last sentence in 1623

806
00:33:44,880 --> 00:33:48,559
prohibited burning which speaks about uh

807
00:33:48,559 --> 00:33:50,720
permanent open burning permits being

808
00:33:50,720 --> 00:33:55,039
suspended? Do we need that in there? Um,

809
00:33:55,039 --> 00:33:56,880
no. But I think that one of the

810
00:33:56,880 --> 00:33:58,960
requirements we should add a new number

811
00:33:58,960 --> 00:34:04,159
five that um makes it adhere to any

812
00:34:04,159 --> 00:34:07,360
Worcester County or state of Maryland. U

813
00:34:07,360 --> 00:34:08,960
>> I don't understand what you're saying.

814
00:34:08,960 --> 00:34:09,760
Do number five.

815
00:34:09,760 --> 00:34:13,520
>> So right here 1622 requirement. So we

816
00:34:13,520 --> 00:34:17,119
have uh number one must be 15 ft away.

817
00:34:17,119 --> 00:34:19,679
Uh must be attended to completely until

818
00:34:19,679 --> 00:34:21,599
completely extinguished. bonfire is no

819
00:34:21,599 --> 00:34:24,320
larger than we struck number four,

820
00:34:24,320 --> 00:34:24,800
>> right?

821
00:34:24,800 --> 00:34:27,520
>> And the new number four or our whatever,

822
00:34:27,520 --> 00:34:29,280
however we want to do this, and then no

823
00:34:29,280 --> 00:34:31,839
hazardous conditions, air pollution or

824
00:34:31,839 --> 00:34:35,599
nuisance will be created. Um maybe we

825
00:34:35,599 --> 00:34:38,800
expand number five or we create a new

826
00:34:38,800 --> 00:34:42,639
number five that says that

827
00:34:42,639 --> 00:34:45,200
um

828
00:34:45,200 --> 00:34:49,750
requirements for authorized burning

829
00:34:49,760 --> 00:34:52,960
must not take place during Worcester

830
00:34:52,960 --> 00:34:55,359
County or state of Maryland declared

831
00:34:55,359 --> 00:34:59,910
burn.

832
00:34:59,920 --> 00:35:01,520
» Well, because you're not. It's the

833
00:35:01,520 --> 00:35:03,839
requirements for authorized burning. You

834
00:35:03,839 --> 00:35:06,400
don't want to authorize burnings

835
00:35:06,400 --> 00:35:08,720
without clearly noting that the burn

836
00:35:08,720 --> 00:35:11,200
bands of Worcester County and the state

837
00:35:11,200 --> 00:35:12,480
of Maryland apply.

838
00:35:12,480 --> 00:35:14,079
>> Well, why don't we just instead of

839
00:35:14,079 --> 00:35:16,240
creating a new number five just amend

840
00:35:16,240 --> 00:35:19,359
that last 1623

841
00:35:19,359 --> 00:35:22,000
>> because it's already said it's old.

842
00:35:22,000 --> 00:35:25,760
>> In 1619, you already refer to nothing in

843
00:35:25,760 --> 00:35:27,920
this ordinance

844
00:35:27,920 --> 00:35:30,400
supersede any burn. You've really

845
00:35:30,400 --> 00:35:31,839
already said Yeah.

846
00:35:31,839 --> 00:35:33,599
>> I But I think Gaswell was heading to

847
00:35:33,599 --> 00:35:35,520
take out like all open burning. Go

848
00:35:35,520 --> 00:35:36,880
ahead. What was your idea there?

849
00:35:36,880 --> 00:35:40,400
>> No, I was my initial idea was do we need

850
00:35:40,400 --> 00:35:43,440
the all open burning permits

851
00:35:43,440 --> 00:35:45,520
>> in that last sentence since we've

852
00:35:45,520 --> 00:35:47,040
already

853
00:35:47,040 --> 00:35:48,800
>> No, I thought you were going where it

854
00:35:48,800 --> 00:35:50,960
says prohibited burning to amend that

855
00:35:50,960 --> 00:35:52,720
sentence. Just trying

856
00:35:52,720 --> 00:35:54,880
>> I was going to take it out.

857
00:35:54,880 --> 00:35:57,280
>> Okay. But I think we should still have

858
00:35:57,280 --> 00:36:01,359
something in there that says um

859
00:36:01,359 --> 00:36:03,359
automatically suspended whenever

860
00:36:03,359 --> 00:36:04,960
Worcester County or the state of

861
00:36:04,960 --> 00:36:06,960
Maryland declares a burn date bait.

862
00:36:06,960 --> 00:36:08,160
>> Do that

863
00:36:08,160 --> 00:36:10,079
>> where

864
00:36:10,079 --> 00:36:12,000
the very first

865
00:36:12,000 --> 00:36:14,240
uh section last sentence

866
00:36:14,240 --> 00:36:17,359
>> nothing within this shall authorize.

867
00:36:17,359 --> 00:36:19,920
>> Perfect. Okay. Thank you.

868
00:36:19,920 --> 00:36:24,870
>> So we can take out that last

869
00:36:24,880 --> 00:36:29,829
I like that. Thanks, Jack.

870
00:36:29,839 --> 00:36:32,320
Okay. And then the enforcement and

871
00:36:32,320 --> 00:36:36,400
penalty stay the same, right? Uh Yep.

872
00:36:36,400 --> 00:36:38,400
All right. So, let's see if there's

873
00:36:38,400 --> 00:36:40,079
>> Give this thing one more glance and see

874
00:36:40,079 --> 00:36:43,520
if you see over burning somewhere.

875
00:36:43,520 --> 00:36:46,240
Um well, back in purpose. The purpose of

876
00:36:46,240 --> 00:36:48,160
the article is to protect the public's

877
00:36:48,160 --> 00:36:49,680
health, safety, and welfare by

878
00:36:49,680 --> 00:36:51,760
regulating.

879
00:36:51,760 --> 00:36:53,599
>> It should just say burning within the

880
00:36:53,599 --> 00:36:55,280
town of Berlin instead of open and

881
00:36:55,280 --> 00:36:57,119
recreational. Right.

882
00:36:57,119 --> 00:36:58,079
>> Good. Sure.

883
00:36:58,079 --> 00:37:01,839
>> Can we strike open everybody in section

884
00:37:01,839 --> 00:37:03,440
1619?

885
00:37:03,440 --> 00:37:04,800
We're going to strike open and we're

886
00:37:04,800 --> 00:37:05,760
going to strike our

887
00:37:05,760 --> 00:37:07,839
>> I would say outdoor burning

888
00:37:07,839 --> 00:37:09,680
>> and we we're going to add recreational

889
00:37:09,680 --> 00:37:11,040
burning.

890
00:37:11,040 --> 00:37:13,599
>> Well, if we just call it outdoor

891
00:37:13,599 --> 00:37:15,359
burning. Well, because I'm saying you're

892
00:37:15,359 --> 00:37:16,800
not trying to regulate somebody's

893
00:37:16,800 --> 00:37:19,040
fireplace or burn. Then we're going to

894
00:37:19,040 --> 00:37:21,839
define outdoor burn. Um, let's keep open

895
00:37:21,839 --> 00:37:23,359
burning.

896
00:37:23,359 --> 00:37:25,520
Hold on.

897
00:37:25,520 --> 00:37:31,190
Let's see.

898
00:37:31,200 --> 00:37:33,680
Yeah, we said by regulating open burning

899
00:37:33,680 --> 00:37:38,390
and recreational burning.

900
00:37:38,400 --> 00:37:39,599
All right, I'm going to read it from the

901
00:37:39,599 --> 00:37:41,280
top because we've talked a lot about a

902
00:37:41,280 --> 00:37:42,960
lot and I want the public to be clear on

903
00:37:42,960 --> 00:37:44,640
what we're going through here. So,

904
00:37:44,640 --> 00:37:46,640
article two,

905
00:37:46,640 --> 00:37:51,920
uh the that should perhaps be

906
00:37:51,920 --> 00:37:53,040
should we keep

907
00:37:53,040 --> 00:37:53,599
>> burning?

908
00:37:53,599 --> 00:37:55,920
>> Should it just stay burning?

909
00:37:55,920 --> 00:37:57,280
>> I feel like it needs to stay

910
00:37:57,280 --> 00:37:59,359
>> outdoor burning.

911
00:37:59,359 --> 00:38:02,240
>> Every version for recreational is all

912
00:38:02,240 --> 00:38:03,200
done outside.

913
00:38:03,200 --> 00:38:04,240
>> Okay.

914
00:38:04,240 --> 00:38:06,320
>> All right. So, article two, outdoor

915
00:38:06,320 --> 00:38:08,880
burning, section 1619, purpose and

916
00:38:08,880 --> 00:38:11,040
intent. The purpose of this article is

917
00:38:11,040 --> 00:38:12,800
to protect the public health, safety,

918
00:38:12,800 --> 00:38:15,520
and welfare by regulating open burning

919
00:38:15,520 --> 00:38:17,839
and recreational burn within the town of

920
00:38:17,839 --> 00:38:21,200
Berlin. Improper burning can create fire

921
00:38:21,200 --> 00:38:22,880
hazards, air pollution, and public

922
00:38:22,880 --> 00:38:25,599
nuisances. This article is intended to

923
00:38:25,599 --> 00:38:27,839
ensure compliance with applicable state

924
00:38:27,839 --> 00:38:30,720
laws and regulations, including Comar

925
00:38:30,720 --> 00:38:32,800
1617.

926
00:38:32,800 --> 00:38:34,560
Nothing within this ordinance shall

927
00:38:34,560 --> 00:38:36,480
authorize burning that is prohibited by

928
00:38:36,480 --> 00:38:40,480
the blister county code of public laws

929
00:38:40,480 --> 00:38:42,400
Maryland forest service regulations the

930
00:38:42,400 --> 00:38:44,560
state of Maryland fire prevention code

931
00:38:44,560 --> 00:38:47,520
or any county or state burn.

932
00:38:47,520 --> 00:38:50,960
Then moving on definitions. The

933
00:38:50,960 --> 00:38:53,040
following words, terms and phrases when

934
00:38:53,040 --> 00:38:54,720
used in this chapter shall have the

935
00:38:54,720 --> 00:38:56,560
meanings ascribed to them in this

936
00:38:56,560 --> 00:38:59,200
section except where the context clearly

937
00:38:59,200 --> 00:39:01,839
indicates a different meaning. We are

938
00:39:01,839 --> 00:39:04,960
removing outdoor burning there and we

939
00:39:04,960 --> 00:39:07,839
are Oh, thank you. Open burning. I

940
00:39:07,839 --> 00:39:11,200
appreciate it. Uh and adding authorized

941
00:39:11,200 --> 00:39:12,720
burning.

942
00:39:12,720 --> 00:39:14,800
>> Unauthorized burning. Thank you. Gasel,

943
00:39:14,800 --> 00:39:16,480
can you read what you have?

944
00:39:16,480 --> 00:39:18,800
>> Authorized burning includes open burning

945
00:39:18,800 --> 00:39:21,040
and all burning described in section

946
00:39:21,040 --> 00:39:23,040
16-23

947
00:39:23,040 --> 00:39:25,200
entitled prohibited burning.

948
00:39:25,200 --> 00:39:28,079
>> Thank you. Recreational fire means a

949
00:39:28,079 --> 00:39:30,320
small controlled fire either gas or wood

950
00:39:30,320 --> 00:39:32,880
burning used for warmth or recreation

951
00:39:32,880 --> 00:39:35,359
not intended for waste disposal. Cooking

952
00:39:35,359 --> 00:39:37,440
fire means a fire used solely for food

953
00:39:37,440 --> 00:39:39,200
preparation and grills, smokers or

954
00:39:39,200 --> 00:39:41,680
similar appliances. Yard waste means

955
00:39:41,680 --> 00:39:43,920
leaves, grass clippings, weeds and

956
00:39:43,920 --> 00:39:46,720
similar vegetative material. Yard debris

957
00:39:46,720 --> 00:39:49,119
means brush, limbs, branches, shrubs and

958
00:39:49,119 --> 00:39:51,520
tree trimming. Land clearing debris

959
00:39:51,520 --> 00:39:53,839
means trees, stumps, brush and other

960
00:39:53,839 --> 00:39:55,920
natural vegetative material.

961
00:39:55,920 --> 00:39:57,680
One more points.

962
00:39:57,680 --> 00:39:58,800
>> No, it's fine.

963
00:39:58,800 --> 00:40:01,040
>> Just me, but can they be alphabetized,

964
00:40:01,040 --> 00:40:01,520
please?

965
00:40:01,520 --> 00:40:04,880
>> Yeah, sure. That's fine. Uh,

966
00:40:04,880 --> 00:40:08,310
>> alphabetical.

967
00:40:08,320 --> 00:40:10,320
» Who's running on that? Gaspel.

968
00:40:10,320 --> 00:40:12,079
>> Yeah,

969
00:40:12,079 --> 00:40:13,040
I'll write it.

970
00:40:13,040 --> 00:40:14,720
>> Thank you.

971
00:40:14,720 --> 00:40:17,839
>> Up next, 1621 has been retitled from

972
00:40:17,839 --> 00:40:20,880
permit exceptions to authorized burning.

973
00:40:20,880 --> 00:40:22,960
And it reads, "Recreational fires as

974
00:40:22,960 --> 00:40:24,800
well as outdoor cooking fires using

975
00:40:24,800 --> 00:40:26,720
grills, smokers, barbecue pits, or

976
00:40:26,720 --> 00:40:28,880
similar devices solely for food

977
00:40:28,880 --> 00:40:32,800
preparation are authorized."

978
00:40:32,800 --> 00:40:35,200
Yas, you can pick it up from there.

979
00:40:35,200 --> 00:40:36,960
>> With the following requirements of

980
00:40:36,960 --> 00:40:39,599
section 16-22.

981
00:40:39,599 --> 00:40:42,160
>> Thank you. Section 1622, requirements

982
00:40:42,160 --> 00:40:44,240
for authorized burn. That's been

983
00:40:44,240 --> 00:40:46,720
retitled. So it is requirements for

984
00:40:46,720 --> 00:40:49,200
authorized burn. Item one, must be a

985
00:40:49,200 --> 00:40:51,040
minimum of 15 feet away from any

986
00:40:51,040 --> 00:40:52,560
building, structure, or flammable

987
00:40:52,560 --> 00:40:55,200
materials. Number two, must be attended

988
00:40:55,200 --> 00:40:57,520
to until completely extinguished. Number

989
00:40:57,520 --> 00:41:00,880
three, bonfires may be no larger than 3

990
00:41:00,880 --> 00:41:04,240
ft high and 4 feet in diameter. We have

991
00:41:04,240 --> 00:41:07,839
struck item four, and the new item four

992
00:41:07,839 --> 00:41:10,640
would be no hazardous conditions, air

993
00:41:10,640 --> 00:41:13,680
pollution or nuisance will be created.

994
00:41:13,680 --> 00:41:16,880
Section 1623 prohibited burning. The

995
00:41:16,880 --> 00:41:19,119
burning of yard waste, yard debris, land

996
00:41:19,119 --> 00:41:20,560
clearing debris generated from the

997
00:41:20,560 --> 00:41:22,240
maintenance or cleaning of property,

998
00:41:22,240 --> 00:41:24,400
household trash, hazardous materials,

999
00:41:24,400 --> 00:41:27,119
treated wood, plastic, or rubber is

1000
00:41:27,119 --> 00:41:29,040
prohibited.

1001
00:41:29,040 --> 00:41:32,880
That ends that section 1624.

1002
00:41:32,880 --> 00:41:34,800
Enforcement and penalties. Any person

1003
00:41:34,800 --> 00:41:36,720
who shall violate any provision of this

1004
00:41:36,720 --> 00:41:38,720
article shall be guilty of a municipal

1005
00:41:38,720 --> 00:41:40,480
infraction and shall be subject to a

1006
00:41:40,480 --> 00:41:43,680
fine in the amount of $100 or any single

1007
00:41:43,680 --> 00:41:46,160
or initial infraction and a fine in the

1008
00:41:46,160 --> 00:41:48,319
amount of $200 for each repeat or

1009
00:41:48,319 --> 00:41:51,040
continuing violation.

1010
00:41:51,040 --> 00:41:53,680
Have I missed anything?

1011
00:41:53,680 --> 00:41:55,280
>> Quest

1012
00:41:55,280 --> 00:41:57,359
1623 prohibited burn.

1013
00:41:57,359 --> 00:42:00,880
>> Okay. It leads the burning yard waste,

1014
00:42:00,880 --> 00:42:03,119
yard debris, land cleaning generated

1015
00:42:03,119 --> 00:42:04,480
from maintenance or cleaning of

1016
00:42:04,480 --> 00:42:06,640
property, household trash, hazardous

1017
00:42:06,640 --> 00:42:08,560
materials, tree, wood, plastics or

1018
00:42:08,560 --> 00:42:13,680
rubber is it? I think so. Okay.

1019
00:42:13,680 --> 00:42:16,480
All right. Now, any other comments

1020
00:42:16,480 --> 00:42:19,599
before we open up the public hearing?

1021
00:42:19,599 --> 00:42:21,200
Okay. Seeing none, we're going to open

1022
00:42:21,200 --> 00:42:24,800
the public hearing on ordinance 2026-06

1023
00:42:24,800 --> 00:42:27,200
amending chapter 16 entitled fire

1024
00:42:27,200 --> 00:42:29,760
prevention and protection article two

1025
00:42:29,760 --> 00:42:32,960
entitled outdoor burning as discussed a

1026
00:42:32,960 --> 00:42:35,280
moment ago. Now, anyone that would like

1027
00:42:35,280 --> 00:42:36,880
to address the baron council may do so

1028
00:42:36,880 --> 00:42:39,200
at at this time regarding ordinance

1029
00:42:39,200 --> 00:42:42,470
2026-0.

1030
00:42:42,480 --> 00:42:44,560
Well, what what is your name and street

1031
00:42:44,560 --> 00:42:46,880
name if you don't mind and come forward

1032
00:42:46,880 --> 00:42:48,640
and then you know where I live. Thank

1033
00:42:48,640 --> 00:42:53,200
you and you know what my name shirt

1034
00:42:53,200 --> 00:42:53,839
>> nice shirt.

1035
00:42:53,839 --> 00:42:54,560
>> Oh, thank you.

1036
00:42:54,560 --> 00:42:58,960
>> Um I mean what you're doing here is

1037
00:42:58,960 --> 00:43:01,680
what you can do but this creates a a

1038
00:43:01,680 --> 00:43:04,400
very significant hardship for me. Um how

1039
00:43:04,400 --> 00:43:06,880
much money and time did the town spend

1040
00:43:06,880 --> 00:43:09,839
running the chipper all around town

1041
00:43:09,839 --> 00:43:12,319
after the storm doing that? and you all

1042
00:43:12,319 --> 00:43:16,319
have access to $50,000 shippers and

1043
00:43:16,319 --> 00:43:20,400
manpower and you know the ability to do

1044
00:43:20,400 --> 00:43:22,720
that. But my understanding was is that

1045
00:43:22,720 --> 00:43:25,440
the cleanup after the storm this spring

1046
00:43:25,440 --> 00:43:27,520
for the town was a rather substantial

1047
00:43:27,520 --> 00:43:30,880
burden. Um I may be in a relatively

1048
00:43:30,880 --> 00:43:33,760
unique situation in town where I have an

1049
00:43:33,760 --> 00:43:35,599
agricultural property that's been in

1050
00:43:35,599 --> 00:43:37,440
agricultural production since before the

1051
00:43:37,440 --> 00:43:40,319
town of Berlin existed. I have a

1052
00:43:40,319 --> 00:43:43,119
forestry management plan. I have 30

1053
00:43:43,119 --> 00:43:46,560
acres and it generates a lot of debris

1054
00:43:46,560 --> 00:43:48,960
and I need to get rid of it. I have a

1055
00:43:48,960 --> 00:43:51,839
chipper. I can't afford a $50,000 veneer

1056
00:43:51,839 --> 00:43:53,599
tripper and a truck to drag it all

1057
00:43:53,599 --> 00:43:56,240
around. Uh I've been through I've worn

1058
00:43:56,240 --> 00:43:58,720
out two shippers. I'm on my third

1059
00:43:58,720 --> 00:44:01,200
chipper. It's an $8,000 piece of

1060
00:44:01,200 --> 00:44:04,240
equipment. It's not, you know, it's this

1061
00:44:04,240 --> 00:44:06,079
is an expensive and difficult thing to

1062
00:44:06,079 --> 00:44:07,200
do.

1063
00:44:07,200 --> 00:44:11,040
Um, and the ordinance as you have just

1064
00:44:11,040 --> 00:44:13,440
done it. I understood from my council

1065
00:44:13,440 --> 00:44:14,640
member that we were actually going to

1066
00:44:14,640 --> 00:44:15,920
have a discussion of what should be in

1067
00:44:15,920 --> 00:44:17,680
the ordinance, but apparently that's not

1068
00:44:17,680 --> 00:44:20,800
the case. Um, you know, it's it's going

1069
00:44:20,800 --> 00:44:24,960
to create imagine, you know, imagine a

1070
00:44:24,960 --> 00:44:28,160
the the level problem that that the town

1071
00:44:28,160 --> 00:44:31,200
had after the storm this spring. Now, my

1072
00:44:31,200 --> 00:44:34,240
level problem is not quite that big, but

1073
00:44:34,240 --> 00:44:37,280
it's pretty damn big. and the ordinance

1074
00:44:37,280 --> 00:44:40,800
as you are proposing it now creates a

1075
00:44:40,800 --> 00:44:44,240
really serious hardship for me in terms

1076
00:44:44,240 --> 00:44:47,920
of being able to maintain the property.

1077
00:44:47,920 --> 00:44:50,640
Um it you might say well why don't you

1078
00:44:50,640 --> 00:44:53,280
just you know push that stuff back into

1079
00:44:53,280 --> 00:44:55,680
the woods or something.

1080
00:44:55,680 --> 00:44:58,880
Maybe 40 or 50 years ago before we had

1081
00:44:58,880 --> 00:45:00,880
the invasive species problems that we

1082
00:45:00,880 --> 00:45:04,160
have now, it was easier sometimes to

1083
00:45:04,160 --> 00:45:07,040
just push material back into the woods

1084
00:45:07,040 --> 00:45:09,440
and forget about it. I can still cut up

1085
00:45:09,440 --> 00:45:11,760
and let material lie along the forest

1086
00:45:11,760 --> 00:45:14,720
floor if it's in a wellshaded area, but

1087
00:45:14,720 --> 00:45:16,960
most areas are not shaded. One of the

1088
00:45:16,960 --> 00:45:18,560
reasons why I don't have a lot of shaded

1089
00:45:18,560 --> 00:45:22,160
area is the town's mowing. Um, but so I

1090
00:45:22,160 --> 00:45:24,000
can't just push the material back in the

1091
00:45:24,000 --> 00:45:25,680
woods and and hope that it goes away

1092
00:45:25,680 --> 00:45:27,359
because you know what happens? It

1093
00:45:27,359 --> 00:45:30,960
becomes a scaffold for invasive species

1094
00:45:30,960 --> 00:45:34,240
to grow on and it becomes a a large

1095
00:45:34,240 --> 00:45:37,040
problem on the land because the wood

1096
00:45:37,040 --> 00:45:40,319
doesn't break down fast enough before

1097
00:45:40,319 --> 00:45:43,280
the wisteria, the porcelain berry, the

1098
00:45:43,280 --> 00:45:45,440
whatever it is gets on it and start and

1099
00:45:45,440 --> 00:45:50,560
starts going. So, um, yeah,

1100
00:45:50,560 --> 00:45:53,920
listen, uh, as I said at the last

1101
00:45:53,920 --> 00:45:58,560
meeting, uh, you know, my family has

1102
00:45:58,560 --> 00:46:01,440
periodically needed to have a fire

1103
00:46:01,440 --> 00:46:04,640
behind my place for as long as anyone

1104
00:46:04,640 --> 00:46:08,000
can remember. We've always done it, and

1105
00:46:08,000 --> 00:46:10,400
there's never been an issue of the fire

1106
00:46:10,400 --> 00:46:14,079
not being controlled. Um,

1107
00:46:14,079 --> 00:46:17,680
I do my best to

1108
00:46:17,680 --> 00:46:19,839
avoid burning things. It's not like I

1109
00:46:19,839 --> 00:46:22,720
want to do it, right? You know, um, I do

1110
00:46:22,720 --> 00:46:25,280
my best to avoid burning things, but the

1111
00:46:25,280 --> 00:46:28,079
amount of material that is generated is

1112
00:46:28,079 --> 00:46:32,160
just too much to be able to deal with.

1113
00:46:32,160 --> 00:46:36,480
Um and uh

1114
00:46:36,480 --> 00:46:38,800
you know if there is no if there's no

1115
00:46:38,800 --> 00:46:41,760
provision in this ordinance that that

1116
00:46:41,760 --> 00:46:45,760
allows me to do something to to control

1117
00:46:45,760 --> 00:46:47,760
this stuff,

1118
00:46:47,760 --> 00:46:50,160
you know.

1119
00:46:50,160 --> 00:46:51,920
Yeah, it's it's it it's it's a

1120
00:46:51,920 --> 00:46:55,200
substantial burden for me. Um and it's

1121
00:46:55,200 --> 00:46:58,480
also potentially like substantially not

1122
00:46:58,480 --> 00:47:01,280
good for the quality of the environment.

1123
00:47:01,280 --> 00:47:03,280
um going not just where I am like

1124
00:47:03,280 --> 00:47:05,760
because like for example if I do a

1125
00:47:05,760 --> 00:47:07,920
decent job controlling invasive species

1126
00:47:07,920 --> 00:47:10,880
by being able in part to do this stuff

1127
00:47:10,880 --> 00:47:12,720
and to burn this stuff it doesn't go

1128
00:47:12,720 --> 00:47:15,599
downstream and start growing you know

1129
00:47:15,599 --> 00:47:19,920
further down. So uh you know y'all can

1130
00:47:19,920 --> 00:47:23,200
do what you want but you know it

1131
00:47:23,200 --> 00:47:25,200
we've been there for a while. We've

1132
00:47:25,200 --> 00:47:27,280
managed I've been able to manage my land

1133
00:47:27,280 --> 00:47:29,680
and my family has managed my land

1134
00:47:29,680 --> 00:47:33,280
without problems including about one

1135
00:47:33,280 --> 00:47:37,200
burn a year for longer than the town has

1136
00:47:37,200 --> 00:47:40,079
been here. Um, and if you want to take

1137
00:47:40,079 --> 00:47:42,800
that away from me and create a burden on

1138
00:47:42,800 --> 00:47:45,760
me as town land owner, there's nothing

1139
00:47:45,760 --> 00:47:48,640
that I can do about that. But I really

1140
00:47:48,640 --> 00:47:52,319
think that um

1141
00:47:52,319 --> 00:47:54,720
it's pretty lousy thing to do. But, you

1142
00:47:54,720 --> 00:47:56,720
know, if if you want to do that, do

1143
00:47:56,720 --> 00:47:59,280
that. But, you know, I really think that

1144
00:47:59,280 --> 00:48:01,119
there should be a provision. There are

1145
00:48:01,119 --> 00:48:02,720
not very many people in town that are in

1146
00:48:02,720 --> 00:48:05,440
a that are in sort of my place, you

1147
00:48:05,440 --> 00:48:07,760
know, and I understand that and that's a

1148
00:48:07,760 --> 00:48:10,000
reality to be recognized. You know,

1149
00:48:10,000 --> 00:48:12,400
that, you know, folks don't generally

1150
00:48:12,400 --> 00:48:14,240
have the types of properties that I

1151
00:48:14,240 --> 00:48:16,800
have, which because I didn't ask for it.

1152
00:48:16,800 --> 00:48:20,880
just there it was, right?

1153
00:48:20,880 --> 00:48:24,720
let me do what I need to do in order to

1154
00:48:24,720 --> 00:48:27,359
maintain my property. We've done it

1155
00:48:27,359 --> 00:48:30,960
safely. We've done it for a very, very

1156
00:48:30,960 --> 00:48:33,680
long time and create some sort of

1157
00:48:33,680 --> 00:48:36,160
provision in this fire ordinance to

1158
00:48:36,160 --> 00:48:39,520
allow that. That's my request to you.

1159
00:48:39,520 --> 00:48:41,680
>> Thank you for your comment. Anyone else

1160
00:48:41,680 --> 00:48:43,040
that would like to address the Baron

1161
00:48:43,040 --> 00:48:48,630
Council regarding uh 2026-06?

1162
00:48:48,640 --> 00:48:51,119
» I go I just the street name

1163
00:48:51,119 --> 00:48:54,319
>> Beverly right um up your lane

1164
00:48:54,319 --> 00:48:57,920
>> I just was curious

1165
00:48:57,920 --> 00:49:03,200
about how often he burns

1166
00:49:03,200 --> 00:49:04,880
um

1167
00:49:04,880 --> 00:49:07,200
he said oh he talked I thought last time

1168
00:49:07,200 --> 00:49:10,079
he said something like 30 times and so

1169
00:49:10,079 --> 00:49:16,079
that concerned me um so I know you're

1170
00:49:16,079 --> 00:49:19,599
probably gonna think this is crazy but

1171
00:49:19,599 --> 00:49:22,079
There probably ought to be some

1172
00:49:22,079 --> 00:49:24,400
provision

1173
00:49:24,400 --> 00:49:26,720
that allows him to apply for some kind

1174
00:49:26,720 --> 00:49:28,319
of permit within some kind of

1175
00:49:28,319 --> 00:49:30,319
parameters.

1176
00:49:30,319 --> 00:49:32,000
Um

1177
00:49:32,000 --> 00:49:34,319
because he does have a huge property and

1178
00:49:34,319 --> 00:49:36,319
it might be unique

1179
00:49:36,319 --> 00:49:38,240
and I'm not saying that everything he's

1180
00:49:38,240 --> 00:49:40,960
doing is correct, but

1181
00:49:40,960 --> 00:49:44,400
he seem no one's died yet or and he

1182
00:49:44,400 --> 00:49:47,680
seems to be following a lot of rules.

1183
00:49:47,680 --> 00:49:51,599
So, I I think there might be room

1184
00:49:51,599 --> 00:49:53,680
for something

1185
00:49:53,680 --> 00:49:56,640
to accommodate whatever he's doing if

1186
00:49:56,640 --> 00:49:59,599
it's limited to once or twice a year.

1187
00:49:59,599 --> 00:50:01,520
What about notice given to neighbors

1188
00:50:01,520 --> 00:50:03,920
that there's going to be open burning so

1189
00:50:03,920 --> 00:50:06,640
we're prepared for it and we don't think

1190
00:50:06,640 --> 00:50:08,880
that the whole town is burning down if

1191
00:50:08,880 --> 00:50:12,800
we smell. I'm just offering that as a an

1192
00:50:12,800 --> 00:50:15,520
option.

1193
00:50:15,520 --> 00:50:19,200
point typically I would burn one time a

1194
00:50:19,200 --> 00:50:21,680
year. the contact the comment about 30

1195
00:50:21,680 --> 00:50:23,839
times. It was if I had to burn the same

1196
00:50:23,839 --> 00:50:26,960
amount of material and was restricted to

1197
00:50:26,960 --> 00:50:29,680
>> Oh, by

1198
00:50:29,680 --> 00:50:30,160
the name

1199
00:50:30,160 --> 00:50:35,200
>> Street Dawn Sure. 305 North Main and uh

1200
00:50:35,200 --> 00:50:37,200
thanks for public comment. Nice. We got

1201
00:50:37,200 --> 00:50:40,000
to it eventually. Um

1202
00:50:40,000 --> 00:50:41,599
I was coming here originally to say,

1203
00:50:41,599 --> 00:50:44,480
"Hey, 6 to 10, that's crazy." But thank

1204
00:50:44,480 --> 00:50:45,760
you very much. That one's already gone,

1205
00:50:45,760 --> 00:50:47,119
so I'm going to trust that it'll stay

1206
00:50:47,119 --> 00:50:49,839
gone. Um, I think my first thing is

1207
00:50:49,839 --> 00:50:51,040
probably going to need to start over

1208
00:50:51,040 --> 00:50:53,599
with a new first reading and all, right?

1209
00:50:53,599 --> 00:50:55,280
It's different enough. Well, I would

1210
00:50:55,280 --> 00:50:57,280
suggest it because it's different enough

1211
00:50:57,280 --> 00:50:59,280
that there might be other people in town

1212
00:50:59,280 --> 00:51:00,400
that would want to have different

1213
00:51:00,400 --> 00:51:02,640
comments, but that's it's my opinion.

1214
00:51:02,640 --> 00:51:05,599
Um, also I think in that same vein I

1215
00:51:05,599 --> 00:51:07,119
would suggest that the council look

1216
00:51:07,119 --> 00:51:09,839
again at section 1622

1217
00:51:09,839 --> 00:51:12,720
rec requirements for authorized burning

1218
00:51:12,720 --> 00:51:16,400
because previously in 1621 we said that

1219
00:51:16,400 --> 00:51:18,640
recreational fires as well as outdoor

1220
00:51:18,640 --> 00:51:20,720
cooking fires will follow those same

1221
00:51:20,720 --> 00:51:23,680
requirements which now means that if you

1222
00:51:23,680 --> 00:51:26,720
have a grill it needs to be 15 ft away

1223
00:51:26,720 --> 00:51:29,119
from any building structure or flammable

1224
00:51:29,119 --> 00:51:31,040
material. So, I don't know if anybody

1225
00:51:31,040 --> 00:51:33,280
has a fence if they put their grill

1226
00:51:33,280 --> 00:51:36,800
closer than 15 feet or if at the back of

1227
00:51:36,800 --> 00:51:38,480
their house they roll out their little

1228
00:51:38,480 --> 00:51:40,960
charcoal grill and it's 10 feet. Has

1229
00:51:40,960 --> 00:51:43,119
anybody measured the Atlantic Hotel to

1230
00:51:43,119 --> 00:51:45,839
see if they're 15 ft from their fire

1231
00:51:45,839 --> 00:51:48,160
pit? It this this just also applies to

1232
00:51:48,160 --> 00:51:52,079
um to gas, right? Yeah. So, their fire

1233
00:51:52,079 --> 00:51:54,640
pit possibly is closer than 15 ft. So,

1234
00:51:54,640 --> 00:51:56,559
maybe we need to measure that. I like

1235
00:51:56,559 --> 00:52:00,720
the Atlantic Hotel to sit around. um see

1236
00:52:00,720 --> 00:52:02,720
that that I don't know that we want it

1237
00:52:02,720 --> 00:52:05,119
to apply to

1238
00:52:05,119 --> 00:52:08,480
cooking fires. Um artificial cooking

1239
00:52:08,480 --> 00:52:11,200
fires and then also that um I guess

1240
00:52:11,200 --> 00:52:13,839
whateverly was saying I don't know the

1241
00:52:13,839 --> 00:52:16,880
two properties that previously were able

1242
00:52:16,880 --> 00:52:19,599
to do the get the permits to do control

1243
00:52:19,599 --> 00:52:21,040
burning or something that was in the

1244
00:52:21,040 --> 00:52:23,119
notes from last time. I are they

1245
00:52:23,119 --> 00:52:25,440
agricultural?

1246
00:52:25,440 --> 00:52:26,480
>> It's just one

1247
00:52:26,480 --> 00:52:29,119
>> Mr. Hammond yours is agricultural. So, I

1248
00:52:29,119 --> 00:52:31,280
think a real easy way is to look at

1249
00:52:31,280 --> 00:52:33,040
permitting that there would be a permit

1250
00:52:33,040 --> 00:52:34,640
that if you have a property that's large

1251
00:52:34,640 --> 00:52:36,720
enough to be considered agricultural,

1252
00:52:36,720 --> 00:52:40,319
you have a way to apply for a permit

1253
00:52:40,319 --> 00:52:43,520
once a year, four times a year, I don't

1254
00:52:43,520 --> 00:52:48,880
know, includes post um post uh storm or

1255
00:52:48,880 --> 00:52:53,119
something. And my only other thought was

1256
00:52:53,119 --> 00:52:54,880
as we were you guys we were all talking

1257
00:52:54,880 --> 00:52:57,440
or listening and then I kind of changed

1258
00:52:57,440 --> 00:53:00,400
my mind but just to share if there's no

1259
00:53:00,400 --> 00:53:02,720
way for permitting

1260
00:53:02,720 --> 00:53:04,559
it might make it harder if we ever have

1261
00:53:04,559 --> 00:53:07,200
something in the future like god forbid

1262
00:53:07,200 --> 00:53:10,559
a post uh real hurricane clearance

1263
00:53:10,559 --> 00:53:12,480
something that is like an emergency

1264
00:53:12,480 --> 00:53:16,240
situation there's no way to get it then

1265
00:53:16,240 --> 00:53:18,400
it could slow down the process of

1266
00:53:18,400 --> 00:53:20,319
recovery if the council has to go and

1267
00:53:20,319 --> 00:53:23,599
make a um a temporary emergency

1268
00:53:23,599 --> 00:53:29,040
situation for what's allowed. So,

1269
00:53:29,040 --> 00:53:31,119
>> anyone else that would like to comment

1270
00:53:31,119 --> 00:53:35,270
regarding ordinance 2026-06

1271
00:53:35,280 --> 00:53:38,790
message here?

1272
00:53:38,800 --> 00:53:40,400
» Can we take that during council comments

1273
00:53:40,400 --> 00:53:43,440
instead of public comment?

1274
00:53:43,440 --> 00:53:49,910
>> Well, it's for this for this.

1275
00:53:49,920 --> 00:53:52,079
No, no, no. I meant like once we close

1276
00:53:52,079 --> 00:53:54,000
the public hearing, take comments and

1277
00:53:54,000 --> 00:53:55,680
consideration from our group.

1278
00:53:55,680 --> 00:54:02,150
>> I think that is a public. It is a public

1279
00:54:02,160 --> 00:54:02,319
hear.

1280
00:54:02,319 --> 00:54:04,880
>> No, I just think that like advertise it

1281
00:54:04,880 --> 00:54:08,079
as being open to

1282
00:54:08,079 --> 00:54:08,640
call.

1283
00:54:08,640 --> 00:54:10,160
>> Yeah. That's why I think it's probably

1284
00:54:10,160 --> 00:54:12,400
better they've reached out to me. That's

1285
00:54:12,400 --> 00:54:15,520
your comment following the public.

1286
00:54:15,520 --> 00:54:17,200
All right. Anyone else that would like

1287
00:54:17,200 --> 00:54:18,880
to address the mayor and council

1288
00:54:18,880 --> 00:54:22,079
regarding 20 ordinance 2026-0?

1289
00:54:22,079 --> 00:54:24,640
Okay, we're closing the floor. Now we'll

1290
00:54:24,640 --> 00:54:27,280
open it up for council discussion.

1291
00:54:27,280 --> 00:54:29,359
>> Well, I was real quick on my mind. The

1292
00:54:29,359 --> 00:54:31,920
15 ft. Um, can I hear you on that?

1293
00:54:31,920 --> 00:54:34,000
Because I know like we're all out

1294
00:54:34,000 --> 00:54:36,880
through my house. Um, where did that

1295
00:54:36,880 --> 00:54:40,079
come from language that a testing

1296
00:54:40,079 --> 00:54:44,720
performance or I think Ryan

1297
00:54:44,720 --> 00:54:46,480
recreational fires for the county that

1298
00:54:46,480 --> 00:54:48,720
did not include

1299
00:54:48,720 --> 00:54:51,920
>> we just broke that in just right now.

1300
00:54:51,920 --> 00:54:54,160
So, do you did it say that that

1301
00:54:54,160 --> 00:54:57,119
>> personally if you have a gas grill

1302
00:54:57,119 --> 00:54:59,040
>> if you have a gas grill or a cooking

1303
00:54:59,040 --> 00:55:01,760
grill or something like that?

1304
00:55:01,760 --> 00:55:05,839
>> You Yes, it works most of the time, but

1305
00:55:05,839 --> 00:55:09,520
it doesn't work all the time. And having

1306
00:55:09,520 --> 00:55:12,960
a recommendation of 15 ft,

1307
00:55:12,960 --> 00:55:15,599
I don't think it hurts. I mean, that

1308
00:55:15,599 --> 00:55:17,760
grill catches on fire. I mean to your

1309
00:55:17,760 --> 00:55:20,480
point too uh you said the gas fires that

1310
00:55:20,480 --> 00:55:22,000
sometimes I've watched people do it on

1311
00:55:22,000 --> 00:55:24,079
their porches doesn't mean that it's a

1312
00:55:24,079 --> 00:55:26,559
good idea

1313
00:55:26,559 --> 00:55:28,880
but I mean if somebody I don't think

1314
00:55:28,880 --> 00:55:31,280
anybody uh from planning and zoning or

1315
00:55:31,280 --> 00:55:32,400
the police department's going to come

1316
00:55:32,400 --> 00:55:34,000
out there with your cooking grill and

1317
00:55:34,000 --> 00:55:39,680
say 14 ft $100 fine but I don't that's

1318
00:55:39,680 --> 00:55:40,720
just my two cents

1319
00:55:40,720 --> 00:55:42,240
>> if your house burns down

1320
00:55:42,240 --> 00:55:45,760
>> I've seen a couple of those

1321
00:55:45,760 --> 00:55:47,200
about

1322
00:55:47,200 --> 00:55:48,960
>> but once it's written we could get a

1323
00:55:48,960 --> 00:55:49,599
fine

1324
00:55:49,599 --> 00:55:51,520
>> could play

1325
00:55:51,520 --> 00:55:54,400
>> and they come out and he says you get a

1326
00:55:54,400 --> 00:55:55,440
fine

1327
00:55:55,440 --> 00:55:58,720
>> we have a lot of reporting that

1328
00:55:58,720 --> 00:56:01,440
>> right I mean we're still in dialogue but

1329
00:56:01,440 --> 00:56:02,400
I'm just saying

1330
00:56:02,400 --> 00:56:05,520
>> yeah so my feeling about all this is

1331
00:56:05,520 --> 00:56:07,440
we'll come back to Mr. gas is initial.

1332
00:56:07,440 --> 00:56:09,599
We have changed quite a substantive

1333
00:56:09,599 --> 00:56:12,720
amount of this. Um I don't know how um

1334
00:56:12,720 --> 00:56:14,240
I'm just a little bit concerned that

1335
00:56:14,240 --> 00:56:16,720
your notes are driving exactly what

1336
00:56:16,720 --> 00:56:19,359
we've outlined here. Nothing no offense

1337
00:56:19,359 --> 00:56:22,079
you know. Uh I think I do think there's

1338
00:56:22,079 --> 00:56:24,319
merit to um I mean I guess it is

1339
00:56:24,319 --> 00:56:26,880
restarting the process of having revised

1340
00:56:26,880 --> 00:56:28,799
when it's come back per treating. I mean

1341
00:56:28,799 --> 00:56:30,400
really don't think we'll burn out both

1342
00:56:30,400 --> 00:56:32,960
at a time and money for the legal ads

1343
00:56:32,960 --> 00:56:34,559
personally. Um

1344
00:56:34,559 --> 00:56:35,520
>> that's not a

1345
00:56:35,520 --> 00:56:36,160
>> Yeah, that's not

1346
00:56:36,160 --> 00:56:37,440
>> I just I do kind of feel like it's

1347
00:56:37,440 --> 00:56:40,000
probably a fairness issue. I mean um

1348
00:56:40,000 --> 00:56:41,920
just because we have we dissected this

1349
00:56:41,920 --> 00:56:44,640
thing a lot. Um so that's just my

1350
00:56:44,640 --> 00:56:47,359
comment on that but I think that's too

1351
00:56:47,359 --> 00:56:47,839
comment.

1352
00:56:47,839 --> 00:56:50,799
>> Uh well yeah I I have this comment and I

1353
00:56:50,799 --> 00:56:52,640
have my comments but I'll I'll read this

1354
00:56:52,640 --> 00:56:55,440
one u first. So, I know everybody I'll

1355
00:56:55,440 --> 00:56:57,440
try to be so ready to hear. Uh, Mayor

1356
00:56:57,440 --> 00:56:59,760
Tindle, members of the council, I

1357
00:56:59,760 --> 00:57:02,240
support tightening this ordinance. Yard

1358
00:57:02,240 --> 00:57:03,920
waste and household trash burning in a

1359
00:57:03,920 --> 00:57:05,599
town this dense doesn't belong in the

1360
00:57:05,599 --> 00:57:07,440
code anymore, and I don't think anyone

1361
00:57:07,440 --> 00:57:10,160
in town disagrees with that. But section

1362
00:57:10,160 --> 00:57:12,880
16-24, as drafted, doesn't tighten the

1363
00:57:12,880 --> 00:57:15,440
rule, it erases. It treats a resident

1364
00:57:15,440 --> 00:57:17,599
with a twoft brush pile the same as a

1365
00:57:17,599 --> 00:57:19,359
property owner sitting on acres of

1366
00:57:19,359 --> 00:57:21,440
wooded land who loses trees every storm

1367
00:57:21,440 --> 00:57:23,760
season. Those aren't the same problem

1368
00:57:23,760 --> 00:57:25,920
and they shouldn't get the same answer.

1369
00:57:25,920 --> 00:57:27,599
I'm not here asking you to keep the old

1370
00:57:27,599 --> 00:57:29,839
system. I'm here asking for a middle

1371
00:57:29,839 --> 00:57:31,920
path between the old system and offering

1372
00:57:31,920 --> 00:57:34,960
a blanket no. In the last meeting, Ryan

1373
00:57:34,960 --> 00:57:36,559
informed the mayor and council that only

1374
00:57:36,559 --> 00:57:38,240
two open burning permits have been

1375
00:57:38,240 --> 00:57:41,119
processed recently and both were excuse

1376
00:57:41,119 --> 00:57:43,440
me and both were on unusually large

1377
00:57:43,440 --> 00:57:45,760
parcels. One is actually my neighbor who

1378
00:57:45,760 --> 00:57:47,680
lost some serious limbs during our most

1379
00:57:47,680 --> 00:57:50,160
recent blizzard. That's not evidence the

1380
00:57:50,160 --> 00:57:51,680
exception is being abused. That's

1381
00:57:51,680 --> 00:57:54,240
evidence is already self-limiting. The

1382
00:57:54,240 --> 00:57:55,839
people using the exception are exactly

1383
00:57:55,839 --> 00:57:58,480
those we should permit. A blanket ban

1384
00:57:58,480 --> 00:58:00,160
punishes them to solve a problem they

1385
00:58:00,160 --> 00:58:02,640
aren't actually causing. With that in

1386
00:58:02,640 --> 00:58:05,040
mind, I propose a special land clearing

1387
00:58:05,040 --> 00:58:06,960
and storm debris permit available only

1388
00:58:06,960 --> 00:58:08,880
to parcels above a defined acreage

1389
00:58:08,880 --> 00:58:11,440
threshold, say 2 acres. So, a standard

1390
00:58:11,440 --> 00:58:14,319
in town lot can't claim it. Every permit

1391
00:58:14,319 --> 00:58:16,079
will require site approval from the fire

1392
00:58:16,079 --> 00:58:17,839
marshall or Berlin fire department

1393
00:58:17,839 --> 00:58:19,760
before issuance, not just a paper

1394
00:58:19,760 --> 00:58:21,359
application.

1395
00:58:21,359 --> 00:58:23,359
where the county's 500 yard setback

1396
00:58:23,359 --> 00:58:25,839
cannot physically be met, the applicant

1397
00:58:25,839 --> 00:58:27,200
signs a site plan and the fire

1398
00:58:27,200 --> 00:58:29,440
department signs off on an alternative

1399
00:58:29,440 --> 00:58:31,760
safer configuration. Safer

1400
00:58:31,760 --> 00:58:34,000
configuration, similar to how Ed

1401
00:58:34,000 --> 00:58:36,079
Hammond's aerial imagery submissions

1402
00:58:36,079 --> 00:58:39,200
already have been reviewed and approved.

1403
00:58:39,200 --> 00:58:41,040
Cap at four permits per property

1404
00:58:41,040 --> 00:58:42,960
annually, so it functions as relief for

1405
00:58:42,960 --> 00:58:45,119
genuine storm debris, not a loophole for

1406
00:58:45,119 --> 00:58:47,599
routine burning.

1407
00:58:47,599 --> 00:58:49,280
Council member Nichols raised the idea

1408
00:58:49,280 --> 00:58:50,960
of a fire department partnership for

1409
00:58:50,960 --> 00:58:53,200
these situations. That's the mechanism

1410
00:58:53,200 --> 00:58:55,359
right there. Let the fire department's

1411
00:58:55,359 --> 00:58:57,200
presence be the safety valve that makes

1412
00:58:57,200 --> 00:58:58,880
this workable instead of the reason to

1413
00:58:58,880 --> 00:59:01,599
shut it down entirely. This middle path

1414
00:59:01,599 --> 00:59:03,359
isn't a request to keep the old system,

1415
00:59:03,359 --> 00:59:05,119
and it isn't a request to eliminate the

1416
00:59:05,119 --> 00:59:07,200
exception outright. It's a request to

1417
00:59:07,200 --> 00:59:08,640
replace it with something that actually

1418
00:59:08,640 --> 00:59:10,960
distinguishes between the guy burning

1419
00:59:10,960 --> 00:59:12,960
leaves in his backyard and the property

1420
00:59:12,960 --> 00:59:14,799
owner managing storm damage on five

1421
00:59:14,799 --> 00:59:18,880
wooded acres. Right now the ordinance can't tell those

1422
00:59:18,880 --> 00:59:21,280
two people apart. I think it should.

1423
00:59:21,280 --> 00:59:23,680
Thank you.

1424
00:59:23,680 --> 00:59:25,200
This was emailed to the group after the

1425
00:59:25,200 --> 00:59:26,960
fact that I found out and it's probably

1426
00:59:26,960 --> 00:59:30,079
I'll tell you

1427
00:59:30,079 --> 00:59:32,160
on base.

1428
00:59:32,160 --> 00:59:34,160
So I have a couple questions for how

1429
00:59:34,160 --> 00:59:36,480
many acres do you have?

1430
00:59:36,480 --> 00:59:37,599
Over 30.

1431
00:59:37,599 --> 00:59:39,280
>> Okay. And I know you've been burning for

1432
00:59:39,280 --> 00:59:44,160
several years now. I understand your situation, but the county

1433
00:59:44,160 --> 00:59:46,160
regulations, and I kind of brought this

1434
00:59:46,160 --> 00:59:48,960
up last time, but county regulations

1435
00:59:48,960 --> 00:59:51,760
state that any open fire has to be

1436
00:59:51,760 --> 00:59:55,040
within 12 feet, 1200 ft of structure.

1437
00:59:55,040 --> 00:59:58,480
How is it that you can burn it,

1438
00:59:58,480 --> 00:59:59,520
a structure or road?

1439
00:59:59,520 --> 01:00:02,079
>> I've applied for per I mean, I you know,

1440
01:00:02,079 --> 01:00:04,880
again, I think the last time I said, I

1441
01:00:04,880 --> 01:00:07,520
mean, maybe you need to speak to the to

1442
01:00:07,520 --> 01:00:09,920
the county fire marshal. I've always

1443
01:00:09,920 --> 01:00:12,960
applied for permits. Permits go to the

1444
01:00:12,960 --> 01:00:16,720
county fire module and I include was

1445
01:00:16,720 --> 01:00:19,119
mentioned overhead

1446
01:00:19,119 --> 01:00:21,839
imagery and indication of where it would

1447
01:00:21,839 --> 01:00:24,480
be. Um, you know, and I remember on

1448
01:00:24,480 --> 01:00:28,000
exchange the last time having it where I

1449
01:00:28,000 --> 01:00:30,400
do just for example, I have access to

1450
01:00:30,400 --> 01:00:32,799
multiple spots and a lot of water if I

1451
01:00:32,799 --> 01:00:36,240
were needed. Um, I could,200 feet I

1452
01:00:36,240 --> 01:00:38,319
can't do. I mean, I could I would go

1453
01:00:38,319 --> 01:00:42,480
further away from a structure, but it

1454
01:00:42,480 --> 01:00:44,000
would actually I think I would argue

1455
01:00:44,000 --> 01:00:46,160
that

1456
01:00:46,160 --> 01:00:47,119
I mean

1457
01:00:47,119 --> 01:00:49,520
>> you're doing it safely if you are.

1458
01:00:49,520 --> 01:00:51,200
>> Yeah. Yeah. I mean, I would say you're

1459
01:00:51,200 --> 01:00:53,520
always going to be better off,

1460
01:00:53,520 --> 01:00:54,319
>> right?

1461
01:00:54,319 --> 01:00:55,599
>> But you're looking at it like we're

1462
01:00:55,599 --> 01:00:57,040
trying to prohibit it, but really the

1463
01:00:57,040 --> 01:01:00,079
county is already prohibited.

1464
01:01:00,079 --> 01:01:02,160
County Fire Marsh. Look, I mean, I've

1465
01:01:02,160 --> 01:01:05,599
been I've talked to the county fire and

1466
01:01:05,599 --> 01:01:08,480
county fire marshal does not have issues

1467
01:01:08,480 --> 01:01:10,400
with that I spoke with, you know, I

1468
01:01:10,400 --> 01:01:11,920
don't want to put words in it is now

1469
01:01:11,920 --> 01:01:14,640
does not have issues with fire

1470
01:01:14,640 --> 01:01:18,799
that I had. Um, you know,

1471
01:01:18,799 --> 01:01:21,920
I again I mean maybe it's it's the thing

1472
01:01:21,920 --> 01:01:26,240
is I mean I'll just be I'm just very a

1473
01:01:26,240 --> 01:01:28,640
literal read of the county fire gun

1474
01:01:28,640 --> 01:01:32,720
which I did a few years ago um makes you

1475
01:01:32,720 --> 01:01:36,400
eligible for you know uh 20 years in the

1476
01:01:36,400 --> 01:01:38,559
supermax if you like a cigarette walk up

1477
01:01:38,559 --> 01:01:40,640
and down the street right the county

1478
01:01:40,640 --> 01:01:44,160
fire code's clearly written to be as

1479
01:01:44,160 --> 01:01:45,920
prohibited as possible

1480
01:01:45,920 --> 01:01:49,119
and that it is obviously the case that

1481
01:01:49,119 --> 01:01:51,760
then the county fire march will exercise

1482
01:01:51,760 --> 01:01:54,720
its discretion with respect to what is

1483
01:01:54,720 --> 01:01:57,760
per because if you if you took that

1484
01:01:57,760 --> 01:02:00,640
literal reading of it um I mean really

1485
01:02:00,640 --> 01:02:02,799
serious took that literal reading of it

1486
01:02:02,799 --> 01:02:04,240
I think lighting a cigarette on the

1487
01:02:04,240 --> 01:02:07,760
street is criminal offense so I think

1488
01:02:07,760 --> 01:02:09,520
that they're

1489
01:02:09,520 --> 01:02:11,920
uh maybe

1490
01:02:11,920 --> 01:02:18,240
you know if you look comparing the the counting fire code to what has

1491
01:02:18,240 --> 01:02:20,640
existed and would potentially exist in

1492
01:02:20,640 --> 01:02:22,319
future intervention.

1493
01:02:22,319 --> 01:02:24,240
Um it's a little bit of an apples and

1494
01:02:24,240 --> 01:02:26,480
oranges situation because it's a totally

1495
01:02:26,480 --> 01:02:31,440
different kind of land mass and sort of

1496
01:02:31,440 --> 01:02:34,160
system under which the county operates.

1497
01:02:34,160 --> 01:02:35,920
Um

1498
01:02:35,920 --> 01:02:37,839
you know the county fire marshal has not

1499
01:02:37,839 --> 01:02:43,839
had issues signing off all the fires.

1500
01:02:43,839 --> 01:02:47,200
So the other side of that is in the

1501
01:02:47,200 --> 01:02:49,359
>> I know we all got to get up and dance.

1502
01:02:49,359 --> 01:02:52,160
So there's been reference to like two

1503
01:02:52,160 --> 01:02:55,359
permits, but the other thing is Brian,

1504
01:02:55,359 --> 01:02:56,559
do you happen to know off the top of

1505
01:02:56,559 --> 01:02:59,440
your head or Fisher? I know that we have

1506
01:02:59,440 --> 01:03:02,240
a couple at least on the books of folks

1507
01:03:02,240 --> 01:03:04,799
doing this type of burning like outdoor

1508
01:03:04,799 --> 01:03:08,079
burning where people complained and have

1509
01:03:08,079 --> 01:03:09,680
called and have had the police

1510
01:03:09,680 --> 01:03:12,720
department come out and make contact.

1511
01:03:12,720 --> 01:03:13,680
Not not you, Mr.

1512
01:03:13,680 --> 01:03:16,640
>> H. There was one. There was one.

1513
01:03:16,640 --> 01:03:18,880
>> There was one. And the reason why was

1514
01:03:18,880 --> 01:03:20,799
that the town did not notify the

1515
01:03:20,799 --> 01:03:23,359
neighbors. I pulled the permit. Part of

1516
01:03:23,359 --> 01:03:24,799
pulling the permit was that the

1517
01:03:24,799 --> 01:03:27,039
neighbors were to be informed. And

1518
01:03:27,039 --> 01:03:28,799
>> are you talking about your own property?

1519
01:03:28,799 --> 01:03:30,160
I'm not talking about your property.

1520
01:03:30,160 --> 01:03:30,480
Okay.

1521
01:03:30,480 --> 01:03:32,319
>> I'm saying in general,

1522
01:03:32,319 --> 01:03:33,760
>> in general, that has happened with

1523
01:03:33,760 --> 01:03:35,440
respect to my property. And the reason

1524
01:03:35,440 --> 01:03:38,079
why it happened was that the neighboring

1525
01:03:38,079 --> 01:03:45,359
land owner had not been informed by the town and and follow the fire in.

1526
01:03:45,359 --> 01:03:48,160
>> I'm talking about instances where folks

1527
01:03:48,160 --> 01:03:51,359
are burning and it has created a

1528
01:03:51,359 --> 01:03:54,400
nuisance that has yielded itself I think

1529
01:03:54,400 --> 01:03:56,319
probably more to the police department

1530
01:03:56,319 --> 01:03:57,760
than the planning but it might have been

1531
01:03:57,760 --> 01:03:59,599
reported after the facts. So there are

1532
01:03:59,599 --> 01:04:02,799
more than just two instances of burning.

1533
01:04:02,799 --> 01:04:04,720
There are instances of police department

1534
01:04:04,720 --> 01:04:07,359
responding to nuisance burning that this

1535
01:04:07,359 --> 01:04:10,000
ordinance would address. So I want to

1536
01:04:10,000 --> 01:04:12,319
make sure that when we say two, there

1537
01:04:12,319 --> 01:04:15,280
are more uh that this does

1538
01:04:15,280 --> 01:04:18,000
>> those are unpermitted

1539
01:04:18,000 --> 01:04:19,119
then the police should go.

1540
01:04:19,119 --> 01:04:21,039
>> I'm saying open burn is what I'm saying.

1541
01:04:21,039 --> 01:04:23,280
Open instances of open burn.

1542
01:04:23,280 --> 01:04:24,720
>> But maybe we could have a special

1543
01:04:24,720 --> 01:04:26,799
provision for large land owners to have

1544
01:04:26,799 --> 01:04:29,599
an open burn once possibly twice a year.

1545
01:04:29,599 --> 01:04:32,960
And how my thing on that will be how you

1546
01:04:32,960 --> 01:04:35,680
define large land by a certain amount of

1547
01:04:35,680 --> 01:04:36,400
acreage.

1548
01:04:36,400 --> 01:04:38,880
>> I mean I I wrote an email including to

1549
01:04:38,880 --> 01:04:41,280
the including to the town attorney and I

1550
01:04:41,280 --> 01:04:43,440
said that you know you can do it by size

1551
01:04:43,440 --> 01:04:44,799
and and I don't think that that's

1552
01:04:44,799 --> 01:04:47,760
somehow you know discriminatory or

1553
01:04:47,760 --> 01:04:49,280
something. I mean it's a simple

1554
01:04:49,280 --> 01:04:52,319
recognition biological reality but you

1555
01:04:52,319 --> 01:04:55,039
know larger properties there's that um I

1556
01:04:55,039 --> 01:04:56,960
have a farm management excuse me forest

1557
01:04:56,960 --> 01:04:58,960
management plan you know it's it's

1558
01:04:58,960 --> 01:05:01,920
drafted by the state forester um it's

1559
01:05:01,920 --> 01:05:06,799
you know my land is agriculture in the view of the state of Maryland um

1560
01:05:06,799 --> 01:05:08,480
those are some pos those are some

1561
01:05:08,480 --> 01:05:11,359
criteria that can be used um the other

1562
01:05:11,359 --> 01:05:12,880
thing that I pointed out to the town

1563
01:05:12,880 --> 01:05:14,480
attorney is that the county has a

1564
01:05:14,480 --> 01:05:17,039
freedom to farm law and the freedom to

1565
01:05:17,039 --> 01:05:19,920
farm law was intended specifically to

1566
01:05:19,920 --> 01:05:22,559
protect traditional agricultural

1567
01:05:22,559 --> 01:05:26,160
practices of which an annual burn is

1568
01:05:26,160 --> 01:05:29,119
most definitely one uh in the county.

1569
01:05:29,119 --> 01:05:30,720
It's intended to you know prevent the

1570
01:05:30,720 --> 01:05:32,240
problems that happen when people don't

1571
01:05:32,240 --> 01:05:33,680
know what the chicken house is get too

1572
01:05:33,680 --> 01:05:35,200
close to the chicken house that sort of

1573
01:05:35,200 --> 01:05:36,480
thing. But this is this is another

1574
01:05:36,480 --> 01:05:38,400
example. So you want to talk about

1575
01:05:38,400 --> 01:05:41,680
carrying through the the spirit of of

1576
01:05:41,680 --> 01:05:45,599
county law into the into the the town

1577
01:05:45,599 --> 01:05:47,440
code.

1578
01:05:47,440 --> 01:05:48,960
Well, what about what about the

1579
01:05:48,960 --> 01:05:53,200
county's, you know, freedom of farm,

1580
01:05:53,200 --> 01:05:54,799
right?

1581
01:05:54,799 --> 01:05:57,760
I mean, I I would be if you gave me if

1582
01:05:57,760 --> 01:05:59,359
you gave me one time a year, that's all

1583
01:05:59,359 --> 01:06:01,200
I need, right? if we're going to

1584
01:06:01,200 --> 01:06:03,039
continue under the system of the present

1585
01:06:03,039 --> 01:06:08,400
size, you know, but um I mean

1586
01:06:08,400 --> 01:06:10,160
there should be a restriction size

1587
01:06:10,160 --> 01:06:12,000
though

1588
01:06:12,000 --> 01:06:14,559
because I hear I hear your claim about

1589
01:06:14,559 --> 01:06:18,319
having multiple garden hoses, but a 5/8

1590
01:06:18,319 --> 01:06:20,720
line is half inch line is probably what

1591
01:06:20,720 --> 01:06:23,119
you have fed by

1592
01:06:23,119 --> 01:06:25,680
>> the fire. I'm just saying like the

1593
01:06:25,680 --> 01:06:26,319
volume

1594
01:06:26,319 --> 01:06:28,160
>> this and done that and shown my

1595
01:06:28,160 --> 01:06:30,000
>> but the volume of fire that you

1596
01:06:30,000 --> 01:06:33,839
discussed with your method of handling

1597
01:06:33,839 --> 01:06:36,720
it if it were to get out of control

1598
01:06:36,720 --> 01:06:39,760
there has to be some structure around

1599
01:06:39,760 --> 01:06:42,480
the size and the way that something like

1600
01:06:42,480 --> 01:06:44,160
that would burn.

1601
01:06:44,160 --> 01:06:47,440
>> My ask is always been I'll do it the way

1602
01:06:47,440 --> 01:06:52,559
that you say that I should do it. um

1603
01:06:52,559 --> 01:06:55,200
just give me a viable opportunity. So I

1604
01:06:55,200 --> 01:06:57,359
would yeah you say you want to put it

1605
01:06:57,359 --> 01:07:01,119
inside a inside a firebox of some sort.

1606
01:07:01,119 --> 01:07:02,880
I can do that. I might need more than

1607
01:07:02,880 --> 01:07:06,720
one a year that's like that but I can do

1608
01:07:06,720 --> 01:07:08,160
that. I mean I'm willing to I'm not

1609
01:07:08,160 --> 01:07:10,640
saying

1610
01:07:10,640 --> 01:07:13,680
you have to agree to what I do and even

1611
01:07:13,680 --> 01:07:16,079
the practice that I have now of the

1612
01:07:16,079 --> 01:07:18,880
former rules right because I wanted to

1613
01:07:18,880 --> 01:07:21,440
use

1614
01:07:21,440 --> 01:07:23,599
you know, a containment area. But I was

1615
01:07:23,599 --> 01:07:26,160
told that, you know, that wasn't

1616
01:07:26,160 --> 01:07:28,000
practical because I would have to pull

1617
01:07:28,000 --> 01:07:28,400
permit.

1618
01:07:28,400 --> 01:07:30,799
>> Why don't we do this? Why don't you put

1619
01:07:30,799 --> 01:07:33,680
your ideas on paper, send them to the

1620
01:07:33,680 --> 01:07:35,839
town attorney, we'll take a look at them

1621
01:07:35,839 --> 01:07:37,599
to see how we can Why Why are you

1622
01:07:37,599 --> 01:07:38,079
laughing?

1623
01:07:38,079 --> 01:07:40,720
>> Because I did that and there was and the

1624
01:07:40,720 --> 01:07:42,400
result was that you just walked through

1625
01:07:42,400 --> 01:07:44,880
and completed the ordinance.

1626
01:07:44,880 --> 01:07:46,880
>> Well, you have to realize and you make

1627
01:07:46,880 --> 01:07:48,559
comments that this is designed and aimed

1628
01:07:48,559 --> 01:07:50,400
at you. It's not. This is an ordinance

1629
01:07:50,400 --> 01:07:52,400
of the town of Berlin 5,000 something

1630
01:07:52,400 --> 01:07:54,079
residents

1631
01:07:54,079 --> 01:07:57,039
design

1632
01:07:57,039 --> 01:07:59,920
but but that's the subject

1633
01:07:59,920 --> 01:08:01,359
>> a lot of things I enjoy. I don't know if

1634
01:08:01,359 --> 01:08:05,520
this is one thing um the the you provide

1635
01:08:05,520 --> 01:08:09,200
and make sure he has your best uh step

1636
01:08:09,200 --> 01:08:10,960
forward at what you think you would need

1637
01:08:10,960 --> 01:08:13,520
to be able to accommodate your forested

1638
01:08:13,520 --> 01:08:17,759
land. and we will review that with the

1639
01:08:17,759 --> 01:08:20,319
reintroduction of the ordinance and see

1640
01:08:20,319 --> 01:08:21,839
if there's a way that we can marry the

1641
01:08:21,839 --> 01:08:23,520
two together. Fair enough. First reading

1642
01:08:23,520 --> 01:08:27,040
will include the amendment

1643
01:08:27,040 --> 01:08:28,719
hold. First reading would include the

1644
01:08:28,719 --> 01:08:31,199
amendment as drafted by the council and

1645
01:08:31,199 --> 01:08:34,400
it can include a summary of Mr.

1646
01:08:34,400 --> 01:08:37,199
Hammond's thoughts about what could be

1647
01:08:37,199 --> 01:08:40,239
addressed uh related to a larger parcel

1648
01:08:40,239 --> 01:08:42,880
or something like that.

1649
01:08:42,880 --> 01:08:50,309
So I was going to but actually

1650
01:08:50,319 --> 01:08:51,839
» I mean I've said what I thought about

1651
01:08:51,839 --> 01:08:53,120
it.

1652
01:08:53,120 --> 01:08:54,960
>> All right. So, I'm going to go ahead and

1653
01:08:54,960 --> 01:08:57,920
make a motion that we table this uh

1654
01:08:57,920 --> 01:09:04,239
until the town attorney can advise us

1655
01:09:04,239 --> 01:09:07,120
on the amendments that we the suggest

1656
01:09:07,120 --> 01:09:09,839
the edits that we made tonight and input

1657
01:09:09,839 --> 01:09:14,080
from folks like Mr. Hanning and ways we

1658
01:09:14,080 --> 01:09:16,239
can deal with the unique circumstances

1659
01:09:16,239 --> 01:09:17,600
of certain property.

1660
01:09:17,600 --> 01:09:18,480
>> Can I help with that?

1661
01:09:18,480 --> 01:09:23,279
>> Sure. enabling the amended motion u the

1662
01:09:23,279 --> 01:09:25,759
amended ordinance 2026-06

1663
01:09:25,759 --> 01:09:27,839
to be brought back at our next meeting

1664
01:09:27,839 --> 01:09:30,719
with the amendments in print form along

1665
01:09:30,719 --> 01:09:33,839
with a recommendation on if we were to

1666
01:09:33,839 --> 01:09:36,799
incorporate burning for larger parcels

1667
01:09:36,799 --> 01:09:37,920
what that would look like.

1668
01:09:37,920 --> 01:09:41,120
>> Yeah, because I do I mean I do agree

1669
01:09:41,120 --> 01:09:42,319
>> we're not promising that it's going to

1670
01:09:42,319 --> 01:09:42,880
be about

1671
01:09:42,880 --> 01:09:44,560
>> I do agree with Steve that we've made

1672
01:09:44,560 --> 01:09:46,239
some substantive changes.

1673
01:09:46,239 --> 01:09:48,640
I think this could I know I think that

1674
01:09:48,640 --> 01:09:50,880
could qualify as a first

1675
01:09:50,880 --> 01:09:53,040
>> because the public hearing comes second

1676
01:09:53,040 --> 01:09:57,920
time. So I I think I don't disagree with

1677
01:09:57,920 --> 01:10:01,120
I think I I'll make the suggest changes

1678
01:10:01,120 --> 01:10:03,840
and I think that that once I get it to

1679
01:10:03,840 --> 01:10:06,320
you we should have a first reading on

1680
01:10:06,320 --> 01:10:08,560
that

1681
01:10:08,560 --> 01:10:10,159
>> but you're not incorporating

1682
01:10:10,159 --> 01:10:12,320
>> the process of the correct

1683
01:10:12,320 --> 01:10:14,640
>> but you're not incorporating

1684
01:10:14,640 --> 01:10:16,480
a

1685
01:10:16,480 --> 01:10:19,040
plan for large property owners. You're

1686
01:10:19,040 --> 01:10:21,760
going to take Well, we have

1687
01:10:21,760 --> 01:10:25,040
>> with an option that if it were to be

1688
01:10:25,040 --> 01:10:27,040
adopted that it could be inserted into

1689
01:10:27,040 --> 01:10:28,000
the ordinance.

1690
01:10:28,000 --> 01:10:30,960
>> Yeah, that would be what this would do

1691
01:10:30,960 --> 01:10:33,920
today had we made any changes to side

1692
01:10:33,920 --> 01:10:35,440
like if this were to go through and we

1693
01:10:35,440 --> 01:10:36,239
just said, "Oh, we're going to change

1694
01:10:36,239 --> 01:10:39,120
the time."

1695
01:10:39,120 --> 01:10:40,080
That's the same process.

1696
01:10:40,080 --> 01:10:42,000
>> So, can you want me to restate the

1697
01:10:42,000 --> 01:10:43,440
motion or you want to restate?

1698
01:10:43,440 --> 01:10:46,719
>> Um, okay. So, Councilman Doris has made

1699
01:10:46,719 --> 01:10:51,360
a motion to table ordinance 2026-06,

1700
01:10:51,360 --> 01:10:53,920
restart the process with at our next

1701
01:10:53,920 --> 01:10:57,440
meeting with first reading with the

1702
01:10:57,440 --> 01:11:00,159
amended version of the ordinance in the

1703
01:11:00,159 --> 01:11:03,520
packet as well as a plan for uh if the

1704
01:11:03,520 --> 01:11:06,159
council were to adopt a a pathway for

1705
01:11:06,159 --> 01:11:08,000
larger property owners. Do we have a

1706
01:11:08,000 --> 01:11:08,800
second?

1707
01:11:08,800 --> 01:11:10,320
>> I have a second by council member Gur.

1708
01:11:10,320 --> 01:11:11,440
All in favor say I.

1709
01:11:11,440 --> 01:11:11,760
>> I.

1710
01:11:11,760 --> 01:11:13,679
>> All oppose. Let the record reflect the

1711
01:11:13,679 --> 01:11:15,520
votes unanimous to table ordinance

1712
01:11:15,520 --> 01:11:17,840
2026-06.

1713
01:11:17,840 --> 01:11:20,239
Restart the public process with first

1714
01:11:20,239 --> 01:11:22,560
reading at our next meeting. Thank you.

1715
01:11:22,560 --> 01:11:24,320
everyone. Can we hold those

1716
01:11:24,320 --> 01:11:27,440
until public comment? I think that will

1717
01:11:27,440 --> 01:11:28,400
be

1718
01:11:28,400 --> 01:11:30,080
>> I think I know but I think it would be

1719
01:11:30,080 --> 01:11:31,040
great.

1720
01:11:31,040 --> 01:11:31,440
>> Let's

1721
01:11:31,440 --> 01:11:34,560
>> I'm unclear on what it's in your head.

1722
01:11:34,560 --> 01:11:36,719
I'm unclear on what you actually want

1723
01:11:36,719 --> 01:11:39,280
from me. You want justification for

1724
01:11:39,280 --> 01:11:41,840
these? Do you want what the physical

1725
01:11:41,840 --> 01:11:44,159
requirements are?

1726
01:11:44,159 --> 01:11:46,320
>> We don't want a book. We want like if we

1727
01:11:46,320 --> 01:11:47,280
were to take your

1728
01:11:47,280 --> 01:11:48,719
>> Don't worry, I'm not sending you a book.

1729
01:11:48,719 --> 01:11:50,480
I I want you to tell me though what it

1730
01:11:50,480 --> 01:11:50,719
is.

1731
01:11:50,719 --> 01:11:52,640
>> So, if we were to plug and chug like if

1732
01:11:52,640 --> 01:11:55,280
you were to take the ordinance that we

1733
01:11:55,280 --> 01:11:58,800
have here and you look at section uh 19

1734
01:11:58,800 --> 01:12:01,520
uh 1619, purpose and intent, don't

1735
01:12:01,520 --> 01:12:04,000
exceed that amount. But we would like

1736
01:12:04,000 --> 01:12:06,719
your thoughts on if you have a large

1737
01:12:06,719 --> 01:12:09,520
parcel that I'd be allowed to burn once

1738
01:12:09,520 --> 01:12:11,679
a year.

1739
01:12:11,679 --> 01:12:14,320
>> Yeah. In essence, make it easy and

1740
01:12:14,320 --> 01:12:16,400
digest and

1741
01:12:16,400 --> 01:12:19,199
>> find. All right. Well, can I get a copy

1742
01:12:19,199 --> 01:12:23,750
of what it actually

1743
01:12:23,760 --> 01:12:26,159
suggest? Um,

1744
01:12:26,159 --> 01:12:28,880
I don't read my emails on the weekend.

1745
01:12:28,880 --> 01:12:32,159
Will send me emails on the weekend.

1746
01:12:32,159 --> 01:12:34,000
All right.

1747
01:12:34,000 --> 01:12:34,880
Yeah.

1748
01:12:34,880 --> 01:12:37,040
>> Just our next meeting isn't until

1749
01:12:37,040 --> 01:12:40,159
September 14th. So, if you put your best

1750
01:12:40,159 --> 01:12:43,520
effort on it before sometime before uh

1751
01:12:43,520 --> 01:12:45,360
the first week of September, he should

1752
01:12:45,360 --> 01:12:46,800
have time to be able to look at it. We

1753
01:12:46,800 --> 01:12:47,920
should have time to be able to put it on

1754
01:12:47,920 --> 01:12:48,800
the desk.

1755
01:12:48,800 --> 01:12:53,040
>> I think I wonder if So, all right.

1756
01:12:53,040 --> 01:12:55,360
>> I think that what he read from that

1757
01:12:55,360 --> 01:12:58,080
person is what I was trying to say, too.

1758
01:12:58,080 --> 01:13:02,000
And I think that should be somehow

1759
01:13:02,000 --> 01:13:04,800
send that send that text. It should be

1760
01:13:04,800 --> 01:13:07,360
thrown into your mix to be considered as

1761
01:13:07,360 --> 01:13:10,719
part of a new section.

1762
01:13:10,719 --> 01:13:13,360
I know it's very well thought out. Thank

1763
01:13:13,360 --> 01:13:16,080
you. All right. Can we everybody good?

1764
01:13:16,080 --> 01:13:18,080
Okay. Let's move on. So items for

1765
01:13:18,080 --> 01:13:20,320
approval. Item four. Before each one of

1766
01:13:20,320 --> 01:13:21,440
these are action, there is an

1767
01:13:21,440 --> 01:13:23,679
opportunity for public comment. Motion

1768
01:13:23,679 --> 01:13:26,239
uh 4 A. motion 2026-48

1769
01:13:26,239 --> 01:13:28,560
funding for lead service line project

1770
01:13:28,560 --> 01:13:30,640
and our finance director Natalie Slay is

1771
01:13:30,640 --> 01:13:31,840
going to welcome

1772
01:13:31,840 --> 01:13:34,880
>> good evening I'm going to just for a

1773
01:13:34,880 --> 01:13:37,840
quick summary we all know that we have

1774
01:13:37,840 --> 01:13:40,400
that place projects uh started a while

1775
01:13:40,400 --> 01:13:43,760
ago it requires a long process of

1776
01:13:43,760 --> 01:13:46,800
inventory servicing and eventually a

1777
01:13:46,800 --> 01:13:50,080
replacement with that said obviously the

1778
01:13:50,080 --> 01:13:53,040
cost u associated with those projects

1779
01:13:53,040 --> 01:13:54,880
and

1780
01:13:54,880 --> 01:13:57,280
um been estimated in the past but as we

1781
01:13:57,280 --> 01:14:01,600
moved along um the costs not matching

1782
01:14:01,600 --> 01:14:04,239
what was previously

1783
01:14:04,239 --> 01:14:06,719
we've gone back to Maryland department

1784
01:14:06,719 --> 01:14:09,199
of envir environment and have asked them

1785
01:14:09,199 --> 01:14:11,520
to revisable

1786
01:14:11,520 --> 01:14:16,480
funding funding um they offer to us in

1787
01:14:16,480 --> 01:14:20,320
the form of loans slash loans with

1788
01:14:20,320 --> 01:14:22,880
forgiveness of the principal after

1789
01:14:22,880 --> 01:14:24,080
several

1790
01:14:24,080 --> 01:14:27,760
years of being.

1791
01:14:27,760 --> 01:14:31,110
So

1792
01:14:31,120 --> 01:14:34,800
» go ahead come to the table or something.

1793
01:14:34,800 --> 01:14:36,480
>> The only thing numbers

1794
01:14:36,480 --> 01:14:38,239
>> I'll add to what we said just for

1795
01:14:38,239 --> 01:14:40,000
clarification.

1796
01:14:40,000 --> 01:14:41,600
>> Excuse me. This is not a project that

1797
01:14:41,600 --> 01:14:44,719
Berlin just undertook. This is mandated

1798
01:14:44,719 --> 01:14:49,199
for every every community to

1799
01:14:49,199 --> 01:14:50,320
>> Thank you. Go ahead, Nick.

1800
01:14:50,320 --> 01:14:53,120
>> Certainly. So back in 2023, this this

1801
01:14:53,120 --> 01:14:55,920
project began. Uh the state required it

1802
01:14:55,920 --> 01:14:59,040
and town took at it full force. At that

1803
01:14:59,040 --> 01:15:00,800
time, we submitted an application for

1804
01:15:00,800 --> 01:15:03,199
funding of roughly a million dollars.

1805
01:15:03,199 --> 01:15:05,840
That was uh slotted for all of William

1806
01:15:05,840 --> 01:15:07,920
Street, Broad Street, and Bay Street.

1807
01:15:07,920 --> 01:15:10,080
Unfortunately, as we continued moving

1808
01:15:10,080 --> 01:15:12,239
forward, the state kind of ironed out

1809
01:15:12,239 --> 01:15:14,159
the regulations and the requirements for

1810
01:15:14,159 --> 01:15:16,640
the project became a lot more than what

1811
01:15:16,640 --> 01:15:18,880
was originally anticipated. At that

1812
01:15:18,880 --> 01:15:21,679
point, at that point in time for 2024,

1813
01:15:21,679 --> 01:15:25,760
we submitted for additional funding and the amount of about another half

1814
01:15:25,760 --> 01:15:28,719
million dollars and did receive that. Uh

1815
01:15:28,719 --> 01:15:30,800
we then finished project for design

1816
01:15:30,800 --> 01:15:32,159
permitting and then took it all the way

1817
01:15:32,159 --> 01:15:35,280
out to bidding and received only one bid

1818
01:15:35,280 --> 01:15:37,520
at the time uh which exceeded the amount

1819
01:15:37,520 --> 01:15:39,440
of funds we had to bid.

1820
01:15:39,440 --> 01:15:41,040
>> Uh at that point in time we went back to

1821
01:15:41,040 --> 01:15:43,199
the state requested additional funds and

1822
01:15:43,199 --> 01:15:45,280
that is why we're here today

1823
01:15:45,280 --> 01:15:46,880
>> because the state has granted those

1824
01:15:46,880 --> 01:15:48,000
additional funds. Yes sir.

1825
01:15:48,000 --> 01:15:49,760
>> And in order to accept those funds it

1826
01:15:49,760 --> 01:15:50,960
takes account.

1827
01:15:50,960 --> 01:15:53,920
>> Yep. So today

1828
01:15:53,920 --> 01:15:55,600
front of you a summary that I put

1829
01:15:55,600 --> 01:15:58,400
together with what is offered to us in

1830
01:15:58,400 --> 01:16:04,470
funding. It's $2 million 286,773.

1831
01:16:04,480 --> 01:16:07,520
The total cost as of today is a little

1832
01:16:07,520 --> 01:16:13,590
bit uh more but $79

1833
01:16:13,600 --> 01:16:17,199
contribute that the combination of those

1834
01:16:17,199 --> 01:16:22,080
funds as I mentioned there are loans but

1835
01:16:22,080 --> 01:16:24,400
loan.

1836
01:16:24,400 --> 01:16:27,040
I don't have details as of yet how

1837
01:16:27,040 --> 01:16:29,600
that's being structured. Um what's the

1838
01:16:29,600 --> 01:16:30,880
interest rates going to be? It's going

1839
01:16:30,880 --> 01:16:34,320
to be all determined we will move

1840
01:16:34,320 --> 01:16:37,440
forward with settlements and then

1841
01:16:37,440 --> 01:16:44,630
interest rate that most likely will be.

1842
01:16:44,640 --> 01:16:46,159
» Perfect. Thank you. Any questions for

1843
01:16:46,159 --> 01:16:48,239
Natalie or Nick? I just um well first I

1844
01:16:48,239 --> 01:16:49,920
wanted to say Natalie thank you for the

1845
01:16:49,920 --> 01:16:51,920
staff work. This was very helpful

1846
01:16:51,920 --> 01:16:53,199
breaking all these large numbers down

1847
01:16:53,199 --> 01:16:55,360
for someone like me. So thank you. Um

1848
01:16:55,360 --> 01:16:57,600
but just for um just for some clarity

1849
01:16:57,600 --> 01:17:01,280
questions please for Nick. Um phase 1 A

1850
01:17:01,280 --> 01:17:05,920
and phase 1B right. So

1851
01:17:05,920 --> 01:17:11,040
phase 1B is bud and 1 A is

1852
01:17:11,040 --> 01:17:11,280
>> correct.

1853
01:17:11,280 --> 01:17:13,520
>> That's correct. Sorry. And then on the

1854
01:17:13,520 --> 01:17:15,840
on from Natalie's thing and she she said

1855
01:17:15,840 --> 01:17:17,280
it, but I just want to everyone out

1856
01:17:17,280 --> 01:17:23,830
there the um the total 2.286

1857
01:17:23,840 --> 01:17:26,320
what we will definitely be required to

1858
01:17:26,320 --> 01:17:29,199
pay back is the 44%.

1859
01:17:29,199 --> 01:17:31,199
And that the rest is what's forgiven.

1860
01:17:31,199 --> 01:17:33,840
>> It's not fully forgiven. It's going to

1861
01:17:33,840 --> 01:17:36,320
be given after several years of payment

1862
01:17:36,320 --> 01:17:38,560
of the interest. So there will be cost

1863
01:17:38,560 --> 01:17:42,400
associated with securing that law also

1864
01:17:42,400 --> 01:17:44,000
settlement

1865
01:17:44,000 --> 01:17:48,950
but the 1 million7

1866
01:17:48,960 --> 01:17:51,440
will be count's responsibility to carry

1867
01:17:51,440 --> 01:17:55,270
on water

1868
01:17:55,280 --> 01:17:58,239
it

1869
01:17:58,239 --> 01:18:00,239
thank you. Any other comments? If not

1870
01:18:00,239 --> 01:18:01,440
we're going to open it up to the public.

1871
01:18:01,440 --> 01:18:02,800
Anyone from the public that would like

1872
01:18:02,800 --> 01:18:04,480
to address the mayor and council

1873
01:18:04,480 --> 01:18:08,000
regarding motion 2026-48?

1874
01:18:08,000 --> 01:18:09,360
Seeing none, we'll take action by the

1875
01:18:09,360 --> 01:18:10,239
council.

1876
01:18:10,239 --> 01:18:11,679
>> Motion to approve.

1877
01:18:11,679 --> 01:18:13,440
>> A motion by council member Green.

1878
01:18:13,440 --> 01:18:13,840
Second.

1879
01:18:13,840 --> 01:18:15,520
>> Second by council member Nichols. All in

1880
01:18:15,520 --> 01:18:16,640
favor say I. I.

1881
01:18:16,640 --> 01:18:18,320
>> All oppose. Let the record reflect the

1882
01:18:18,320 --> 01:18:21,280
motion 2026-48. Passes unanimously with

1883
01:18:21,280 --> 01:18:23,600
vice president. Thank you, Nick. Thank

1884
01:18:23,600 --> 01:18:24,239
you all.

1885
01:18:24,239 --> 01:18:26,320
>> Thank you Natalie.

1886
01:18:26,320 --> 01:18:29,679
Up next is agenda item five and that's

1887
01:18:29,679 --> 01:18:30,960
town administrators report and

1888
01:18:30,960 --> 01:18:34,239
departmental report

1889
01:18:34,239 --> 01:18:36,560
of

1890
01:18:36,560 --> 01:18:39,040
announcements.

1891
01:18:39,040 --> 01:18:41,679
Uh the

1892
01:18:41,679 --> 01:18:45,110
lost

1893
01:18:45,120 --> 01:18:47,760
u Monday August 31st at 5:00 pm will be

1894
01:18:47,760 --> 01:18:49,679
a planning commission work session

1895
01:18:49,679 --> 01:18:53,120
regarding the plan update. Uh it is open

1896
01:18:53,120 --> 01:18:54,719
to the public. It is a work session of

1897
01:18:54,719 --> 01:18:57,120
the planning commission. No, not mayor

1898
01:18:57,120 --> 01:18:58,960
and council.

1899
01:18:58,960 --> 01:19:02,880
Um, and no, I don't have it on here.

1900
01:19:02,880 --> 01:19:05,840
Monday, September 7th is Labor Day and

1901
01:19:05,840 --> 01:19:07,600
town offices will be off.

1902
01:19:07,600 --> 01:19:18,960
>> Thank you. I do also have one um while it is certainly no longer

1903
01:19:18,960 --> 01:19:21,040
I do want to take this opportunity to

1904
01:19:21,040 --> 01:19:23,679
publicly announce my retirement after 35

1905
01:19:23,679 --> 01:19:26,480
years of service to the town. It has

1906
01:19:26,480 --> 01:19:28,159
been both a pleasure and a privilege to

1907
01:19:28,159 --> 01:19:30,080
serve this community and making the

1908
01:19:30,080 --> 01:19:31,760
decision to retire has been a difficult

1909
01:19:31,760 --> 01:19:36,550
one.

1910
01:19:36,560 --> 01:19:38,719
my last official day of work be October

1911
01:19:38,719 --> 01:19:41,360
9th. I am proud of what I've

1912
01:19:41,360 --> 01:19:42,800
accomplished during my time with the

1913
01:19:42,800 --> 01:19:45,520
town and perhaps even more so the role I

1914
01:19:45,520 --> 01:19:47,040
have played in building a strong

1915
01:19:47,040 --> 01:19:51,120
foundation for Merlin's future.

1916
01:19:51,120 --> 01:19:52,640
Over the years, I have not always seen

1917
01:19:52,640 --> 01:19:54,719
eye to eye with every elected official

1918
01:19:54,719 --> 01:19:57,600
I've worked with, nor every citizen, but

1919
01:19:57,600 --> 01:20:00,159
I have always approached each issue with

1920
01:20:00,159 --> 01:20:02,080
the same goal in mind, ensuring that

1921
01:20:02,080 --> 01:20:04,880
Berlin continues to grow and thrive

1922
01:20:04,880 --> 01:20:06,800
while keeping the best interests of its

1923
01:20:06,800 --> 01:20:09,440
citizens, businesses, and visitors at

1924
01:20:09,440 --> 01:20:12,560
the forefront. Sustainable policies and

1925
01:20:12,560 --> 01:20:14,560
practices and resiliency for the future

1926
01:20:14,560 --> 01:20:16,080
have always been foremost in the

1927
01:20:16,080 --> 01:20:18,080
recommendations I have made and the

1928
01:20:18,080 --> 01:20:20,480
actions that I have taken.

1929
01:20:20,480 --> 01:20:22,640
My retirement is certainly bittersweet,

1930
01:20:22,640 --> 01:20:24,239
but I know that it is the right decision

1931
01:20:24,239 --> 01:20:26,880
for me at this point. I leave with a

1932
01:20:26,880 --> 01:20:28,480
tremendous appreciation for the

1933
01:20:28,480 --> 01:20:30,080
opportunity I've been given to serve

1934
01:20:30,080 --> 01:20:32,320
this town and with nothing but the very

1935
01:20:32,320 --> 01:20:36,480
best wishes for Berlin and its future.

1936
01:20:36,480 --> 01:20:37,840
Most of all, I want to thank the

1937
01:20:37,840 --> 01:20:39,840
dedicated professionals who work every

1938
01:20:39,840 --> 01:20:41,679
day to make Berlin a safe, healthy,

1939
01:20:41,679 --> 01:20:43,840
vibrant, and enjoyable place to live,

1940
01:20:43,840 --> 01:20:46,480
work, and visit. It has been an honor to

1941
01:20:46,480 --> 01:20:48,880
work alongside some of the talented and

1942
01:20:48,880 --> 01:20:51,280
committed people.

1943
01:20:51,280 --> 01:20:52,800
Thank you for allowing me the privilege

1944
01:20:52,800 --> 01:20:54,719
of serving the town for the past 35

1945
01:20:54,719 --> 01:20:57,440
years. I will always be proud to have

1946
01:20:57,440 --> 01:20:59,120
been a part of this community and its

1947
01:20:59,120 --> 01:21:07,350
story.

1948
01:21:07,360 --> 01:21:09,040
Mary, when you say that that you're

1949
01:21:09,040 --> 01:21:12,159
proud to be part of its story, I think

1950
01:21:12,159 --> 01:21:14,400
you write a portion of that story

1951
01:21:14,400 --> 01:21:19,199
yourself, starting as um someone working

1952
01:21:19,199 --> 01:21:22,080
in customer service and admin and

1953
01:21:22,080 --> 01:21:23,760
working your way all the way up to the

1954
01:21:23,760 --> 01:21:27,760
top um paid profession uh in the town of

1955
01:21:27,760 --> 01:21:31,679
Berlin, youth. I remember when you and I

1956
01:21:31,679 --> 01:21:33,600
sat down and we had a vacancy in the

1957
01:21:33,600 --> 01:21:36,080
town administrator's position and we

1958
01:21:36,080 --> 01:21:37,920
were starting the search process. I

1959
01:21:37,920 --> 01:21:39,520
said, "Mary, you've got a lot of

1960
01:21:39,520 --> 01:21:41,040
institutional knowledge. You've got a

1961
01:21:41,040 --> 01:21:42,880
lot that you bring to the table. Have

1962
01:21:42,880 --> 01:21:44,560
you ever considered it?" And you were

1963
01:21:44,560 --> 01:21:49,040
very modest. You're like, "No, let's I've served in that capacity.

1964
01:21:49,040 --> 01:21:51,600
>> You've you've you've uh served in the

1965
01:21:51,600 --> 01:21:57,120
acting capacity many times. uh and then

1966
01:21:57,120 --> 01:22:00,159
you you accepted uh my request to be

1967
01:22:00,159 --> 01:22:02,639
able to serve in this capacity and it's

1968
01:22:02,639 --> 01:22:05,040
been an honor to work together. You're

1969
01:22:05,040 --> 01:22:08,400
amazing at what you do. You uh have so

1970
01:22:08,400 --> 01:22:10,400
much knowledge about the town of Berlin

1971
01:22:10,400 --> 01:22:13,199
and I've loved every minute of it. So,

1972
01:22:13,199 --> 01:22:15,440
thank you.

1973
01:22:15,440 --> 01:22:18,239
All right. Anything from departmentals

1974
01:22:18,239 --> 01:22:20,400
that are either in the packet or that

1975
01:22:20,400 --> 01:22:23,120
any of you want to say?

1976
01:22:23,120 --> 01:22:26,719
Okay. Seeing none, um, any comments from

1977
01:22:26,719 --> 01:22:28,719
the council?

1978
01:22:28,719 --> 01:22:29,120
>> Okay.

1979
01:22:29,120 --> 01:22:29,440
>> Yeah.

1980
01:22:29,440 --> 01:22:30,960
>> Or questions.

1981
01:22:30,960 --> 01:22:31,920
>> Questions or

1982
01:22:31,920 --> 01:22:33,360
>> either either way. I mean, we're going

1983
01:22:33,360 --> 01:22:35,440
to go to council comments, but I'm just

1984
01:22:35,440 --> 01:22:38,000
saying like for the departmental reports

1985
01:22:38,000 --> 01:22:39,840
side. I haven't forgotten you all. I

1986
01:22:39,840 --> 01:22:42,080
know. All right. Up next, agenda item

1987
01:22:42,080 --> 01:22:43,760
six, comments from the public. Anyone

1988
01:22:43,760 --> 01:22:44,880
from the public that would like to

1989
01:22:44,880 --> 01:22:46,320
address the mayor and council may do so

1990
01:22:46,320 --> 01:22:48,159
at this time.

1991
01:22:48,159 --> 01:22:50,159
Okay. Seeing none, we'll move on to

1992
01:22:50,159 --> 01:22:51,520
comments from the council. We'll start

1993
01:22:51,520 --> 01:22:53,120
with council member.

1994
01:22:53,120 --> 01:22:54,880
>> Mayor, I just want to say thank you for

1995
01:22:54,880 --> 01:22:58,800
your many many years dedicated service

1996
01:22:58,800 --> 01:23:03,590
your heart soul.

1997
01:23:03,600 --> 01:23:05,120
» Council member Nichols,

1998
01:23:05,120 --> 01:23:07,760
>> congratulations.

1999
01:23:07,760 --> 01:23:12,000
A lot of this life has been

2000
01:23:12,000 --> 01:23:14,239
intertwined with this town. A lot of the

2001
01:23:14,239 --> 01:23:17,199
family history of your own

2002
01:23:17,199 --> 01:23:19,600
title in this town. Congratulations to

2003
01:23:19,600 --> 01:23:23,360
you and your family

2004
01:23:23,360 --> 01:23:24,960
successfully

2005
01:23:24,960 --> 01:23:28,159
made us enjoy the rest of your life.

2006
01:23:28,159 --> 01:23:30,080
Congratulations.

2007
01:23:30,080 --> 01:23:32,320
>> Thank you, Council Member Wars. Uh Mary,

2008
01:23:32,320 --> 01:23:34,080
I also um want to offer my

2009
01:23:34,080 --> 01:23:38,470
congratulations and

2010
01:23:38,480 --> 01:23:41,120
thank you for all of your service to the

2011
01:23:41,120 --> 01:23:44,880
brother. I I know I've only been working

2012
01:23:44,880 --> 01:23:47,120
with you professionally this capacity

2013
01:23:47,120 --> 01:23:50,480
for a short time in your career, but um

2014
01:23:50,480 --> 01:23:52,880
I have truly enjoyed

2015
01:23:52,880 --> 01:23:55,600
navigating.

2016
01:23:55,600 --> 01:23:56,960
>> Council member Green,

2017
01:23:56,960 --> 01:23:59,679
>> 35 years. Your emotions say it all. It

2018
01:23:59,679 --> 01:24:02,320
means a lot to me. It's meaningful and I

2019
01:24:02,320 --> 01:24:04,639
think the work

2020
01:24:04,639 --> 01:24:08,080
a lot to be proud of for sure. Um when I

2021
01:24:08,080 --> 01:24:10,560
was elected um actually when I decided

2022
01:24:10,560 --> 01:24:12,880
to run I came and saw you and filed and

2023
01:24:12,880 --> 01:24:14,719
asked you what the you know what makes a

2024
01:24:14,719 --> 01:24:16,719
good council person and what makes a not

2025
01:24:16,719 --> 01:24:18,639
so good council person and I took that

2026
01:24:18,639 --> 01:24:22,080
to heart and meaningful advice that I

2027
01:24:22,080 --> 01:24:24,159
try to keep in mind throughout this um

2028
01:24:24,159 --> 01:24:26,080
journey. So u yeah thank you for

2029
01:24:26,080 --> 01:24:27,920
everything you've done in town. We still

2030
01:24:27,920 --> 01:24:29,840
have some work to do though. But wishing

2031
01:24:29,840 --> 01:24:31,199
you all the best.

2032
01:24:31,199 --> 01:24:33,040
>> You're not done until October,

2033
01:24:33,040 --> 01:24:34,639
September.

2034
01:24:34,639 --> 01:24:38,629
>> Not that anybody's counting.

2035
01:24:38,639 --> 01:24:41,679
» Uh yes. Um I'm just I'm going to double

2036
01:24:41,679 --> 01:24:44,159
dip real quick just some some questions.

2037
01:24:44,159 --> 01:24:49,120
Um so I had brought up last month uh see

2038
01:24:49,120 --> 01:24:50,960
if there was any appetite on discussion

2039
01:24:50,960 --> 01:24:53,360
of data centers in Berlin and then any

2040
01:24:53,360 --> 01:24:55,760
implications they may or may not have. I

2041
01:24:55,760 --> 01:24:57,360
believe I sent I can't remember if it

2042
01:24:57,360 --> 01:24:59,360
was to the group or maybe it was just um

2043
01:24:59,360 --> 01:25:03,760
during count administration the counts

2044
01:25:03,760 --> 01:25:07,199
uh past Morris for you. Um I I don't

2045
01:25:07,199 --> 01:25:09,199
want to keep beating this if there's no

2046
01:25:09,199 --> 01:25:11,120
interest on the group. Uh I I personally

2047
01:25:11,120 --> 01:25:12,960
think we should be proactive but I'm

2048
01:25:12,960 --> 01:25:15,040
just asking now if there's no interest

2049
01:25:15,040 --> 01:25:19,199
in moving forward I would drop it. Um

2050
01:25:19,199 --> 01:25:22,320
I guess to my I don't want to destro I

2051
01:25:22,320 --> 01:25:23,360
guess I'm just trying to figure out how

2052
01:25:23,360 --> 01:25:27,360
we codify it. Um, and if it's needed, I

2053
01:25:27,360 --> 01:25:29,440
guess what your point is, you know, you

2054
01:25:29,440 --> 01:25:30,880
don't sure if it's needed, right? You

2055
01:25:30,880 --> 01:25:33,280
want to be proactive and reacting if

2056
01:25:33,280 --> 01:25:34,560
there's application that comes through

2057
01:25:34,560 --> 01:25:35,440
the plan,

2058
01:25:35,440 --> 01:25:37,040
>> right? Well, I mean, just not technical,

2059
01:25:37,040 --> 01:25:38,639
but it's just a discussion point. We

2060
01:25:38,639 --> 01:25:40,320
were, I believe, I could be wrong, we

2061
01:25:40,320 --> 01:25:42,480
were a little um taken back with the

2062
01:25:42,480 --> 01:25:44,719
solar model and then there wasn't

2063
01:25:44,719 --> 01:25:46,639
anything in the code to address it. So,

2064
01:25:46,639 --> 01:25:50,480
we kind of well navigated that and made

2065
01:25:50,480 --> 01:25:54,239
it work. But um this data centers is

2066
01:25:54,239 --> 01:25:57,199
counties. I mean Maryland I I can bring

2067
01:25:57,199 --> 01:25:58,719
you the information I got from Eastam.

2068
01:25:58,719 --> 01:26:00,800
These other municipalities are drafting

2069
01:26:00,800 --> 01:26:04,080
these um that can only be a year

2070
01:26:04,080 --> 01:26:05,600
moratorum.

2071
01:26:05,600 --> 01:26:09,679
Um so I I just think that

2072
01:26:09,679 --> 01:26:10,960
I think it's something we should talk

2073
01:26:10,960 --> 01:26:11,840
about.

2074
01:26:11,840 --> 01:26:13,520
>> Are there any tracks of land within the

2075
01:26:13,520 --> 01:26:15,040
town limits that are large enough to

2076
01:26:15,040 --> 01:26:16,639
accommodate a date?

2077
01:26:16,639 --> 01:26:19,280
>> Well, I mean it depends. Well, from what

2078
01:26:19,280 --> 01:26:20,800
I've learned uh and I won't take up too

2079
01:26:20,800 --> 01:26:22,320
much, but from what I've learned here,

2080
01:26:22,320 --> 01:26:24,880
there's different types of data sets and

2081
01:26:24,880 --> 01:26:26,480
that could affect the size of what they

2082
01:26:26,480 --> 01:26:26,960
are,

2083
01:26:26,960 --> 01:26:29,440
>> right? So, the the minimum I guess would

2084
01:26:29,440 --> 01:26:32,400
be like 3 to 5,000 square feet up to

2085
01:26:32,400 --> 01:26:34,560
whatever um

2086
01:26:34,560 --> 01:26:36,639
>> data

2087
01:26:36,639 --> 01:26:40,239
you could probably call the um little

2088
01:26:40,239 --> 01:26:43,600
fiber shed that we have a data center.

2089
01:26:43,600 --> 01:26:45,040
>> You know what I mean? you really could

2090
01:26:45,040 --> 01:26:47,760
because it houses

2091
01:26:47,760 --> 01:26:50,560
similar types of equipment, but it's not

2092
01:26:50,560 --> 01:26:52,880
what you see in the newspaper as a data

2093
01:26:52,880 --> 01:26:53,360
center,

2094
01:26:53,360 --> 01:26:55,920
>> right? And and I'm not there are there

2095
01:26:55,920 --> 01:26:57,600
are parcels in town that that are

2096
01:26:57,600 --> 01:27:00,719
currently for sale that would commercial

2097
01:27:00,719 --> 01:27:05,840
that would fit a center would fit it.

2098
01:27:05,840 --> 01:27:07,679
>> What's the problem with the data center?

2099
01:27:07,679 --> 01:27:09,679
Well, there are many state requirements

2100
01:27:09,679 --> 01:27:11,920
too that that you can't just like pop

2101
01:27:11,920 --> 01:27:13,679
one up as quickly as you can open a

2102
01:27:13,679 --> 01:27:15,360
brick and mortar shop, right? Doing

2103
01:27:15,360 --> 01:27:18,960
something else. There are a lot of

2104
01:27:18,960 --> 01:27:20,719
>> Well, you might know, I believe you

2105
01:27:20,719 --> 01:27:22,480
don't see about the names.

2106
01:27:22,480 --> 01:27:25,040
>> We've had two data as they want to come

2107
01:27:25,040 --> 01:27:28,239
to. How many are actually built? There's

2108
01:27:28,239 --> 01:27:30,719
a reason for that because they they

2109
01:27:30,719 --> 01:27:33,520
don't jive with who we are, what we are.

2110
01:27:33,520 --> 01:27:36,000
They don't jive with us right now, but

2111
01:27:36,000 --> 01:27:39,120
they may. We won't always be sitting

2112
01:27:39,120 --> 01:27:39,679
where we sit.

2113
01:27:39,679 --> 01:27:41,120
>> No, no, no. I'm saying they don't jive

2114
01:27:41,120 --> 01:27:43,600
as in the way that they wanted to build

2115
01:27:43,600 --> 01:27:45,600
it out, the requirements and all of

2116
01:27:45,600 --> 01:27:47,679
those things for them wasn't a fit.

2117
01:27:47,679 --> 01:27:48,560
>> So there's

2118
01:27:48,560 --> 01:27:51,360
>> I mean I felt that way too but

2119
01:27:51,360 --> 01:27:54,320
>> but they've never materialized.

2120
01:27:54,320 --> 01:27:55,840
>> And so you say they went through their

2121
01:27:55,840 --> 01:27:56,880
proposals.

2122
01:27:56,880 --> 01:27:58,719
>> They've reached out and asked for

2123
01:27:58,719 --> 01:28:00,639
guidance and they they didn't like the

2124
01:28:00,639 --> 01:28:02,159
guidance. They never got to the stage

2125
01:28:02,159 --> 01:28:03,520
formal

2126
01:28:03,520 --> 01:28:04,480
>> proposal.

2127
01:28:04,480 --> 01:28:06,880
>> I do think there's I personally I think

2128
01:28:06,880 --> 01:28:07,360
there is

2129
01:28:07,360 --> 01:28:12,080
>> I mean the town in any way

2130
01:28:12,080 --> 01:28:12,639
infrastructure

2131
01:28:12,639 --> 01:28:13,679
>> I don't know

2132
01:28:13,679 --> 01:28:14,880
>> I really don't understand the whole

2133
01:28:14,880 --> 01:28:16,400
thing about data centers just like I

2134
01:28:16,400 --> 01:28:19,280
don't understand the opposition to the

2135
01:28:19,280 --> 01:28:22,400
wind thing out there. So I I don't

2136
01:28:22,400 --> 01:28:24,400
really have a comment. I just think that

2137
01:28:24,400 --> 01:28:27,280
what Jack is saying really does

2138
01:28:27,280 --> 01:28:29,360
bear some exploration, but it needs a

2139
01:28:29,360 --> 01:28:31,679
lot more explanation

2140
01:28:31,679 --> 01:28:32,000
and

2141
01:28:32,000 --> 01:28:34,639
>> see what's the pros, what's the cons,

2142
01:28:34,639 --> 01:28:36,239
>> not what everybody not what you read in

2143
01:28:36,239 --> 01:28:38,639
the newspaper, not what you think you

2144
01:28:38,639 --> 01:28:40,560
know or admit,

2145
01:28:40,560 --> 01:28:43,120
>> but what what do we think is actually

2146
01:28:43,120 --> 01:28:44,080
happening

2147
01:28:44,080 --> 01:28:45,679
>> and I think it's a whole education

2148
01:28:45,679 --> 01:28:46,719
process.

2149
01:28:46,719 --> 01:28:48,800
>> It's a lot of environmental impact on

2150
01:28:48,800 --> 01:28:51,199
native centers being on the media to

2151
01:28:51,199 --> 01:28:53,840
Hawaii.

2152
01:28:53,840 --> 01:28:56,239
environmental issues. It's a problem

2153
01:28:56,239 --> 01:28:58,719
nationwide when the data center comes

2154
01:28:58,719 --> 01:29:01,280
especially in the small community with a

2155
01:29:01,280 --> 01:29:03,840
lot of disruption, a lot of generated a

2156
01:29:03,840 --> 01:29:08,000
lot of noise, a lot of um noise.

2157
01:29:08,000 --> 01:29:10,560
>> Yes. Um so

2158
01:29:10,560 --> 01:29:13,760
to the point I think we do

2159
01:29:13,760 --> 01:29:15,440
not

2160
01:29:15,440 --> 01:29:20,870
kind of strict but something in

2161
01:29:20,880 --> 01:29:23,440
so many communities not have it

2162
01:29:23,440 --> 01:29:27,199
happening after the fact

2163
01:29:27,199 --> 01:29:28,400
I just know maybe there are some

2164
01:29:28,400 --> 01:29:30,080
isolated properties where those

2165
01:29:30,080 --> 01:29:33,120
negatives would be less impactful but I

2166
01:29:33,120 --> 01:29:34,000
don't know if you're in the town of

2167
01:29:34,000 --> 01:29:35,360
Berlin it's hard I don't even know where

2168
01:29:35,360 --> 01:29:37,920
the town values are really so they also

2169
01:29:37,920 --> 01:29:41,199
draw significantly on uh public utility

2170
01:29:41,199 --> 01:29:43,360
resources, electric and water,

2171
01:29:43,360 --> 01:29:46,080
>> but the water is necessary to fuel the

2172
01:29:46,080 --> 01:29:46,719
process.

2173
01:29:46,719 --> 01:29:48,320
>> So maybe we don't have the kind of

2174
01:29:48,320 --> 01:29:52,480
resources that it and that's as you just

2175
01:29:52,480 --> 01:29:55,600
stated a second ago, not only do we need

2176
01:29:55,600 --> 01:29:58,320
to have the conversations, but we also

2177
01:29:58,320 --> 01:30:00,400
need to make sure that Berlin has a good

2178
01:30:00,400 --> 01:30:03,360
understanding as to what these data

2179
01:30:03,360 --> 01:30:05,760
center requirements are and what that

2180
01:30:05,760 --> 01:30:08,159
could do to our infrastructure. I think

2181
01:30:08,159 --> 01:30:10,480
the point of a moratorum gives you the

2182
01:30:10,480 --> 01:30:12,400
opportunity to do that research and

2183
01:30:12,400 --> 01:30:13,360
define things.

2184
01:30:13,360 --> 01:30:15,679
>> Is that a state moratorum or

2185
01:30:15,679 --> 01:30:18,080
>> the other side of that is too is that

2186
01:30:18,080 --> 01:30:20,880
like we we haven't been idle to Jack's

2187
01:30:20,880 --> 01:30:24,080
point that the association groups that

2188
01:30:24,080 --> 01:30:26,080
we're part of are doing some of this due

2189
01:30:26,080 --> 01:30:28,560
diligence. The state is doing some of

2190
01:30:28,560 --> 01:30:30,880
this as well. Uh, Council Member Nur and

2191
01:30:30,880 --> 01:30:32,560
I were just talking sidebar for a moment

2192
01:30:32,560 --> 01:30:36,239
that the state has even passed that

2193
01:30:36,239 --> 01:30:38,239
electric wise you have to be able to be

2194
01:30:38,239 --> 01:30:40,400
self-sufficient. Water-wise, you have to

2195
01:30:40,400 --> 01:30:42,880
not create an undue burden. So, there

2196
01:30:42,880 --> 01:30:45,360
are things that are working, but it's

2197
01:30:45,360 --> 01:30:48,560
kind of like uh cannabis and it's kind

2198
01:30:48,560 --> 01:30:50,000
of like drones, you know what I mean?

2199
01:30:50,000 --> 01:30:51,760
Like those are some things that have

2200
01:30:51,760 --> 01:30:54,400
occurred recently where we keep an eye

2201
01:30:54,400 --> 01:30:56,719
on them, but we didn't have a moratorum

2202
01:30:56,719 --> 01:31:00,880
on cannabis. But the

2203
01:31:00,880 --> 01:31:04,000
there are just things

2204
01:31:04,000 --> 01:31:06,000
>> so uh Jack's bringing forward which

2205
01:31:06,000 --> 01:31:08,880
isn't a bad thing a a discussion point

2206
01:31:08,880 --> 01:31:10,800
of whether or not the town needs a

2207
01:31:10,800 --> 01:31:15,440
moratorum on u data centers. Oh, I

2208
01:31:15,440 --> 01:31:18,719
thought there was one place

2209
01:31:18,719 --> 01:31:20,080
>> in the county and in other

2210
01:31:20,080 --> 01:31:21,600
municipalities.

2211
01:31:21,600 --> 01:31:23,360
>> Worester County has

2212
01:31:23,360 --> 01:31:24,080
>> correct.

2213
01:31:24,080 --> 01:31:24,719
>> Okay.

2214
01:31:24,719 --> 01:31:27,520
>> The county is a little different

2215
01:31:27,520 --> 01:31:29,199
municipality, but I'm just saying that

2216
01:31:29,199 --> 01:31:30,239
like

2217
01:31:30,239 --> 01:31:32,560
>> we are monitoring these things, but it's

2218
01:31:32,560 --> 01:31:35,199
not a bad idea to discuss them. And what

2219
01:31:35,199 --> 01:31:36,320
I'd like to do

2220
01:31:36,320 --> 01:31:37,600
>> take the lead. Someone's got to take the

2221
01:31:37,600 --> 01:31:38,239
lead.

2222
01:31:38,239 --> 01:31:41,040
>> If I if I may. Thank you.

2223
01:31:41,040 --> 01:31:44,560
>> You brought it up. Um uh since I I think

2224
01:31:44,560 --> 01:31:46,639
there's at least one more week of which

2225
01:31:46,639 --> 01:31:50,080
I can push this um uh one of our

2226
01:31:50,080 --> 01:31:52,880
colleagues in EAN has developed a nice

2227
01:31:52,880 --> 01:31:55,760
written out

2228
01:31:55,760 --> 01:31:57,440
thing on forming their committee and

2229
01:31:57,440 --> 01:31:59,840
drafting the right word is verbage and

2230
01:31:59,840 --> 01:32:01,360
stuff like that. Why don't I also send

2231
01:32:01,360 --> 01:32:04,800
that to the group and um I I can circle

2232
01:32:04,800 --> 01:32:06,320
back at our next meeting.

2233
01:32:06,320 --> 01:32:07,840
>> Why don't we put it as an item for

2234
01:32:07,840 --> 01:32:08,639
discussion? Okay.

2235
01:32:08,639 --> 01:32:11,040
>> At our next meeting that's great. Is it

2236
01:32:11,040 --> 01:32:12,480
possible to get somebody in here to

2237
01:32:12,480 --> 01:32:14,000
really help explain what they're all

2238
01:32:14,000 --> 01:32:22,149
about find

2239
01:32:22,159 --> 01:32:25,830
these unique session?

2240
01:32:25,840 --> 01:32:28,960
» Yeah, I think like a note no more than a

2241
01:32:28,960 --> 01:32:31,360
10 minute like presentation.

2242
01:32:31,360 --> 01:32:33,199
>> I will tell you that the September 14th

2243
01:32:33,199 --> 01:32:33,920
agenda this year

2244
01:32:33,920 --> 01:32:37,199
>> it's going to be pretty big. very well.

2245
01:32:37,199 --> 01:32:39,760
>> Can I can I sign for the next one then?

2246
01:32:39,760 --> 01:32:45,189
>> Yeah, I have one in September.

2247
01:32:45,199 --> 01:32:46,159
» Thank you.

2248
01:32:46,159 --> 01:32:49,280
>> You okay with that?

2249
01:32:49,280 --> 01:32:53,750
>> All right, let's see what else.

2250
01:32:53,760 --> 01:32:54,960
» All right, so then we'll move on to

2251
01:32:54,960 --> 01:32:58,000
comments from the mayor um mayor's

2252
01:32:58,000 --> 01:33:01,520
office. The one thing leading into our

2253
01:33:01,520 --> 01:33:04,320
next discussion, uh, we had talked about

2254
01:33:04,320 --> 01:33:06,159
the auxiliary dwelling unit stuff. I

2255
01:33:06,159 --> 01:33:08,080
think Kate sent that to everybody to put

2256
01:33:08,080 --> 01:33:10,639
it on your radar, but the first meeting

2257
01:33:10,639 --> 01:33:12,800
in September the 14th, we will have a

2258
01:33:12,800 --> 01:33:14,719
work session with the planning

2259
01:33:14,719 --> 01:33:17,920
commission like we did before to discuss

2260
01:33:17,920 --> 01:33:19,600
our

2261
01:33:19,600 --> 01:33:23,199
ideas and and a draft ordinance of

2262
01:33:23,199 --> 01:33:25,040
auxiliary dwelling units. It's probably

2263
01:33:25,040 --> 01:33:27,280
going to be a little bit like the fire

2264
01:33:27,280 --> 01:33:29,760
pits where we are going to meet,

2265
01:33:29,760 --> 01:33:32,159
discuss, there might be a markup and

2266
01:33:32,159 --> 01:33:34,960
then a first reading of that markup. Uh

2267
01:33:34,960 --> 01:33:38,400
during the 14th meeting, we will try to

2268
01:33:38,400 --> 01:33:40,239
get some consensus around what that

2269
01:33:40,239 --> 01:33:41,920
would look like and then hold a public

2270
01:33:41,920 --> 01:33:44,400
hearing on the second meeting in

2271
01:33:44,400 --> 01:33:46,639
September so that we meet the deadline

2272
01:33:46,639 --> 01:33:48,639
of October 1st for having something on

2273
01:33:48,639 --> 01:33:52,080
the books. So just as an FYI, keep that

2274
01:33:52,080 --> 01:33:54,080
on your calendar. So the public comment

2275
01:33:54,080 --> 01:33:56,239
for all those people out in the nursing

2276
01:33:56,239 --> 01:33:59,360
road public comment is not going to be

2277
01:33:59,360 --> 01:34:02,800
September 15. Public comment will be

2278
01:34:02,800 --> 01:34:05,440
September 20 whatever.

2279
01:34:05,440 --> 01:34:09,280
>> So when they come on September 14th you

2280
01:34:09,280 --> 01:34:11,840
listen not to interject.

2281
01:34:11,840 --> 01:34:12,320
>> Well

2282
01:34:12,320 --> 01:34:15,679
>> right at well so the public hearing will

2283
01:34:15,679 --> 01:34:19,679
be on the 28th of September. The public

2284
01:34:19,679 --> 01:34:22,719
of course can comment but during during

2285
01:34:22,719 --> 01:34:23,920
public comment time.

2286
01:34:23,920 --> 01:34:24,960
>> Okay. I'm asking

2287
01:34:24,960 --> 01:34:26,560
>> and the work session will not have

2288
01:34:26,560 --> 01:34:29,360
public comment time.

2289
01:34:29,360 --> 01:34:30,800
>> The work session. Say that one more

2290
01:34:30,800 --> 01:34:31,120
time.

2291
01:34:31,120 --> 01:34:33,120
>> The work session of the maring council

2292
01:34:33,120 --> 01:34:34,480
and the planning commission will not

2293
01:34:34,480 --> 01:34:35,360
have public comment

2294
01:34:35,360 --> 01:34:37,600
>> on the 14th. Which is right. Correct.

2295
01:34:37,600 --> 01:34:39,600
>> And then on the 14th, we will have the

2296
01:34:39,600 --> 01:34:42,320
introduction and first reading of the

2297
01:34:42,320 --> 01:34:46,239
ordinance that was a topic of discussion

2298
01:34:46,239 --> 01:34:48,239
and included in all the packets and

2299
01:34:48,239 --> 01:34:51,040
everything for the work session. And

2300
01:34:51,040 --> 01:34:53,360
then there will be the opportunity for

2301
01:34:53,360 --> 01:34:56,000
comment always at the end of our meeting

2302
01:34:56,000 --> 01:34:58,960
uh for public comment on the 14th where

2303
01:34:58,960 --> 01:35:01,199
the public may address any item

2304
01:35:01,199 --> 01:35:03,600
including that item and then a public

2305
01:35:03,600 --> 01:35:07,280
hearing will be held on the 28th.

2306
01:35:07,280 --> 01:35:10,480
All right, let's see up next comments

2307
01:35:10,480 --> 01:35:14,480
from the press. Okay, so we are now item

2308
01:35:14,480 --> 01:35:16,560
10 which is a jouring into close

2309
01:35:16,560 --> 01:35:20,159
session. So you want to read

2310
01:35:20,159 --> 01:35:22,320
>> uh I think that would be wise. Yes, give

2311
01:35:22,320 --> 01:35:24,800
me one second.

2312
01:35:24,800 --> 01:35:28,000
>> Give me one second. Let me find my

2313
01:35:28,000 --> 01:35:29,679
state.

2314
01:35:29,679 --> 01:35:34,629
Do I have a copy of that?

2315
01:35:34,639 --> 01:35:39,590
if not

2316
01:35:39,600 --> 01:35:41,199
my book, but I like to have my little

2317
01:35:41,199 --> 01:35:44,239
sheet just in case somebody gets

2318
01:35:44,239 --> 01:35:48,000
>> Okay, so um we would like a motion to go

2319
01:35:48,000 --> 01:35:50,719
into close session uh to adjourn into

2320
01:35:50,719 --> 01:35:52,880
close session. The statutory authority

2321
01:35:52,880 --> 01:35:54,239
for the closed session would be under

2322
01:35:54,239 --> 01:35:57,440
the general provisions article 3-305

2323
01:35:57,440 --> 01:36:01,920
item B one to discuss the discuss the

2324
01:36:01,920 --> 01:36:04,080
appointment employment assignment

2325
01:36:04,080 --> 01:36:05,840
promotion discipline demotion

2326
01:36:05,840 --> 01:36:08,320
compensation removal resignation or

2327
01:36:08,320 --> 01:36:10,239
performance evaluation of appointees

2328
01:36:10,239 --> 01:36:12,480
employees or officials over whom this

2329
01:36:12,480 --> 01:36:14,639
public body has jurisdiction or any

2330
01:36:14,639 --> 01:36:16,320
other personnel matter that affects one

2331
01:36:16,320 --> 01:36:19,040
or more specific individuals. Before we

2332
01:36:19,040 --> 01:36:22,159
take the motion to go into close uh to

2333
01:36:22,159 --> 01:36:24,480
adjourn our regular meeting and go into

2334
01:36:24,480 --> 01:36:26,320
close session, does anybody in

2335
01:36:26,320 --> 01:36:28,159
attendance have an objection to the

2336
01:36:28,159 --> 01:36:29,520
mayor and council going into close

2337
01:36:29,520 --> 01:36:33,040
session? Seeing none, we have to ask. So

2338
01:36:33,040 --> 01:36:34,719
if you go back to all of them, we always

2339
01:36:34,719 --> 01:36:35,199
ask.

2340
01:36:35,199 --> 01:36:37,040
>> Make a note when you go back into public

2341
01:36:37,040 --> 01:36:37,760
session.

2342
01:36:37,760 --> 01:36:39,679
>> Thank you, Mary. See, sure you want to

2343
01:36:39,679 --> 01:36:45,440
return. Um we will return to the public meeting

2344
01:36:45,440 --> 01:36:50,239
uh on Monday, September 14th at 6:00

2345
01:36:50,239 --> 01:36:52,639
p.m. So now we'll take a motion to

2346
01:36:52,639 --> 01:36:54,560
adjourn and slow down.

2347
01:36:54,560 --> 01:36:56,159
>> Motion by council member Oris, a second

2348
01:36:56,159 --> 01:36:57,840
by council member Nur. All in favor say

2349
01:36:57,840 --> 01:36:58,480
I.

2350
01:36:58,480 --> 01:37:00,000
>> All oppose. Let the record reflect the

2351
01:37:00,000 --> 01:37:02,320
vote unanimous. Would like favor abs.

2352
01:37:02,320 --> 01:37:05,760
Thank you all. Three perch chance.