[0:00] All
[0:01] right, good evening everyone and we're
[0:02] picking back up with our regular session
[0:04] of the mayor and council uh for the town
[0:06] of Berlin. It's Monday, August 24th,
[0:08] 2026. If you uh saw the previous
[0:11] recording, that was for the public
[0:12] service commission hearing uh that was
[0:15] held prior to this meeting. Just as an
[0:17] FYI, anyone that maybe wasn't able to
[0:19] attend, the uh ability to still comment
[0:22] on case number 9879 is still available
[0:25] and there will be information published
[0:27] to the town of Berlin's website about
[0:29] how to be able to do that. All right,
[0:31] with that, we're going to begin with a
[0:32] moment of silence followed by the pledge
[0:34] of allegiance.
[0:54] I pledge allegiance to the flag of the
[0:57] United States of America and to the
[0:59] republic for which it stands, one nation
[1:02] under God, indivisible, with liberty and
[1:05] justice for all. Thank you all. Uh,
[1:08] first item on our agenda, the uh,
[1:10] consent agenda, which is the approval of
[1:12] our minutes from the regular session of
[1:14] August 10th, 2026. U Mayor Andrew might
[1:18] just have a minor correction on page 13
[1:22] of the packet minutes. Um the fourth
[1:26] paragraph down
[1:31] uh and about halfway through it's it
[1:32] states um council member reported
[1:35] conducting independent research and
[1:37] finding that 3 was commonly used as
[1:39] value and so forth and so on. Um, that
[1:42] was actually Council Member Green who
[1:45] did that research.
[1:47] >> Thank you. All right. So, do we get a
[1:50] motion with the correction?
[1:51] >> Oh, yeah. I'll make a motion with
[1:53] another correction.
[1:54] >> So, I have a motion by Council Member
[1:56] Orus with the correction on page 13 and
[1:58] a second by Council Member Ner. All in
[2:00] favor say I.
[2:01] >> All oppose. Let the record reflect the
[2:03] minutes from the regular session of
[2:05] August 10th, 2026 pass as amended with
[2:09] Vice President Burrell absent. Uh it is
[2:12] Vice President Burell's 41st wedding
[2:14] anniversary. So he said they wouldn't be
[2:16] here this evening. Uh so congratulations
[2:18] to him at the bow. All right. Up next,
[2:20] agenda item two, proclamation 2026-10,
[2:24] national preparedness month. And we have
[2:27] a proclamation of the mayor and council
[2:28] of town of Berlin for national
[2:30] preparedness month. Whereas emergencies
[2:32] and natural
[2:34] disasters, wow, can occur without
[2:37] warning. Testing the preparedness and
[2:38] resilience of our families,
[2:40] neighborhoods, community, and local
[2:41] infrastructure. And whereas the Federal
[2:43] Emergency Management Agency's FEMA Ready
[2:46] campaign has designated Americans stand
[2:49] ready as the theme of 2026 National
[2:52] Preparedness Month, emphasizing the
[2:54] importance of being ready before an
[2:55] emergency occurs. And whereas since
[2:58] 2004, National Preparedness Month has
[3:00] encouraged Americans to take proactive
[3:02] steps to prepare themselves, their
[3:04] families, their homes, and their
[3:06] communities for emergencies and
[3:07] disasters. And whereas individual and
[3:10] household preparedness, including
[3:11] developing a family emergency and
[3:13] communication plan, assembling a
[3:15] disaster supply kit, understanding local
[3:18] risks, and signing up for the emergency
[3:20] alerts can help protect lives, reduce
[3:22] property loss, and strengthen our
[3:24] community's ability to respond to and
[3:26] recover from emergencies. Whereas the
[3:29] town of Berlin recognizes the and honors
[3:31] our first responders, emergency
[3:33] management professionals, public safety
[3:35] personnel, and volunteers whose
[3:36] dedication, preparation, and service
[3:39] help safeguard our community before,
[3:40] during, and after emergencies. Now
[3:42] therefore be proclaimed that I, Mayor
[3:44] Zach Tindle, and the council of Berlin,
[3:46] do hereby proclaim September 26 as
[3:48] national national preparedness month in
[3:52] the town of Berlin and encourage all
[3:53] residents, businesses, and community
[3:55] organizations to take meaningful steps
[3:57] toward preparedness, remain informed of
[4:01] potential hazards, and work together to
[4:03] strengthen the resiliency, safety, and
[4:05] readiness of our community. Thank you.
[4:08] Uh, with that, I will say that the
[4:10] ability to sign up for the emergency
[4:14] preparedness or the emergency
[4:15] communications, you can go to the town
[4:18] website, click the code red icon, and
[4:20] you can sign up for those emergency
[4:22] alerts. Uh, the same thing, Kate and
[4:25] Mary, does that automatically register
[4:27] you for Worcester counties, or do you
[4:29] have to do Worcester counties as well?
[4:33] >> In addition to
[4:35] >> So, Berlin and Worcester. So, you should
[4:37] do both really. Um, with that being
[4:40] said, uh, you'll notice that, uh, the
[4:43] first Saturday, I believe it is, of
[4:45] every month, uh, the Worcester County
[4:48] Emergency Services tests the siren as
[4:50] well. So, that's the long uh, blast of
[4:53] the siren. That is your civil alert
[4:55] awareness. So with that being said,
[4:58] we'll move on to agenda item three and
[5:00] that's a public hearing on ordinance
[5:02] 2026-06
[5:04] amending chapter 16 entitled fire
[5:06] prevention and protection article 2
[5:09] entitled outdoor burning. Our town
[5:11] attorney David Yasel and our acting
[5:12] planning director Ryan Hardesty are
[5:14] going to run point. Our first reading on
[5:16] this was Monday August 10th 2026
[5:20] and the two of you need to take it away.
[5:23] >> That's a cry out story.
[5:25] I did just pass out the version that you
[5:29] said it later this afternoon. So what is
[5:31] coming to you now is slightly different
[5:33] than what was in the packet and Dain
[5:36] explain
[5:38] you.
[5:41] >> Are there copies available for the
[5:43] public? You can have
[5:45] >> Yeah, I think you're going to have some
[5:47] purple.
[5:48] >> Thanks.
[5:48] >> Yeah.
[5:50] So
[5:53] >> what I did after after our last meeting
[5:56] when we had first reading of the I
[5:59] amended the proposed ordinance with
[6:02] every amendment that
[6:08] » at that point it was pointed out to me
[6:10] that it appeared that we were appeared
[6:13] that the group wanted that outest open
[6:16] burn. So I then removed the section on
[6:21] earned feeds
[6:23] and
[6:24] I left it at that
[6:28] discussion with Ryan this morning. She
[6:32] was of the opinion that I should remove
[6:35] section 16-21 which is permit required
[6:39] because why would we want have someone
[6:41] get a permit for open burning if we're
[6:43] not allowing open burning?
[6:47] Subsequently, after I thought about this
[6:49] and talked to Ryan this evening, I I
[6:52] think we ought to table this. Start off
[6:54] all over.
[6:55] >> What?
[6:56] >> Well, there are still sections in this.
[6:58] If you look at 1619, purpose, and
[7:00] intent, the purpose of this article is
[7:02] to pro protect the public health,
[7:04] safety, and welfare by regulating open
[7:06] burn. We're not regulating it. We're
[7:08] out.
[7:09] >> Well, but it wouldn't open burning also
[7:12] be a fire pit, or is that a contained
[7:14] burn? I would think that it's open.
[7:16] >> That's a recreation.
[7:18] >> Okay.
[7:19] >> Recreation.
[7:20] >> Yeah.
[7:20] >> We also have a definition for open still
[7:23] in this.
[7:27] » I think you need to address open
[7:29] burning.
[7:30] >> I think we should need to address it.
[7:32] And if you want to outlaw it, then let
[7:34] me let me uh amend this to say open
[7:36] burning is not permitted within the town
[7:38] limits of Berlin.
[7:40] that this evening or will it take more
[7:44] you have that
[7:45] >> right is that 23
[7:50] safety regulates open burning
[7:56] » but we still have 1622 which is
[7:58] permanent exceptions we don't have any
[8:01] back issuing permits
[8:02] >> can we take it from date let's I mean we
[8:04] don't have a whole lot on our agenda
[8:06] let's take it on page one together Um,
[8:10] so the purpose of this article is to
[8:12] protect the public health, safety, and
[8:13] welfare by regulating open burning. It
[8:16] should also say regulating open burning
[8:18] and recreational burn.
[8:21] Isn't that correct?
[8:22] >> Yes.
[8:23] >> Within the town of Berlin, improper o
[8:27] open burning can create that could just
[8:30] say improper burning instead of open
[8:33] burn. You would strike the word open.
[8:40] can create fire hazards, air pollution,
[8:42] and public nuisances. This article is
[8:44] intended to ensure compliance with
[8:46] applicable state laws and regulations,
[8:49] including Comar 2617.
[8:52] Nothing within this ordinance shall
[8:54] authorize open burning that is
[8:57] prohibited by Worcester County Code of
[9:00] Public Walls, Comar, Maryland Forest
[9:02] Service Regulations, the Maryland State
[9:05] uh Fire Protection Code, or any other
[9:07] county or state burn ban. So with that,
[9:09] you would just get rid of
[9:12] open. You would just keep burning.
[9:16] >> Is that correct for paragraph one?
[9:19] What the change again is the purpose of
[9:21] this article is to protect the public
[9:23] health, safety and welfare by regulating
[9:26] open burning and recreational burning.
[9:28] >> Okay.
[9:30] >> You amend it.
[9:32] >> That's that's what I think it should
[9:33] say.
[9:34] >> Do you agree?
[9:35] >> How does the council?
[9:36] >> Then the next sentence is improper
[9:39] burning would take over.
[9:41] >> Yep.
[9:44] » Are you guys good with that? I is are
[9:48] there any objections from the governing
[9:49] body? Okay, keep moving. This article is
[9:53] intended to ensure compliance with
[9:54] applicable state laws and regulations
[9:56] including public first.
[10:03] Do we need to make any changes to the
[10:06] last sentence? Nothing within this order
[10:09] shall authorize open burning that is
[10:11] prohibited by the Worcester County Code
[10:13] of Public Law. We need to any of that.
[10:16] >> Hold on. Where are you? Yes.
[10:18] >> The last sentence in 1619, the first
[10:21] paragraph
[10:22] >> that we just for a second.
[10:24] >> Yes, something does need to be altered
[10:26] there because it says nothing within
[10:27] this ordinance shall authorize open
[10:29] burning. It should just say burning that
[10:31] is prohibited by Worester County Code.
[10:33] And then it goes on further.
[10:39] » Can you just give us a second to work
[10:41] through this and then we'll take all
[10:42] questions at the end. Go ahead.
[10:46] It's not open yet. No, it's okay.
[10:48] >> So, we want to go to definition.
[10:50] >> Yep. Let's go to definitions. Page two
[10:52] of the
[10:55] Okay. Definitions. The following words,
[10:57] terms, and phrases when used in this
[10:59] chapter shall have meanings ascribed to
[11:01] them in this section, except where the
[11:04] context clearly indicates a different
[11:05] meaning. Open burning means a fire where
[11:08] any material is burned in the open or in
[11:11] an open receptacle.
[11:16] Right. I think what you were discussing
[11:19] a few minutes ago at the very beginning
[11:21] about open burn versus burning it
[11:24] basically without a problem. That
[11:26] probably does need to be addressed a
[11:29] little bit better.
[11:30] >> Okay.
[11:30] >> You could argue that a uh fire pit is an
[11:33] open receptacle.
[11:36] >> Okay. But then
[11:42] recreational fire is underneath the
[11:43] different for the definition as well.
[11:48] » That that's yeah.
[11:49] >> So that's one of the clarify.
[11:51] >> Okay. So hold on. I'm going to basically
[11:55] highlight and accent that on my end and
[11:57] we'll come back. Recreational fire means
[11:59] a small controlled fire either gas or
[12:02] wood burning used for warmth or
[12:04] recreation not intended for waste
[12:06] disposal.
[12:08] Everybody good with that?
[12:12] Okay. Um cooking fire means a fire used
[12:15] solely for food preparation uh in
[12:18] grills, smokers, or similar appliances.
[12:20] I think we're good with that, right?
[12:22] Yard waste means leaves, grass
[12:24] clippings, weeds, and similar vegetative
[12:26] material. Pretty straightforward there,
[12:29] right? Yard debris means brush, limbs,
[12:32] branches, shrubs, and tree trimmings
[12:35] resulting from routine landscape
[12:37] maintenance. I don't know. Why does it
[12:39] need to say routine landscape
[12:41] maintenance
[12:43] or resulting from what it just mean? I
[12:46] think that's really not needed. Yard
[12:48] debris means brush, limbs, branches,
[12:50] shrubs, and tree.
[12:52] >> Well, clearing debris underneath. So,
[12:56] >> double check that to make sure that you
[12:58] >> I think routine landscape speaks
[13:01] difference between what's then defined.
[13:03] >> Okay. Let's keep it
[13:05] >> that's pruning a shrub. That's routine.
[13:08] >> Okay. So then land clearing debris means
[13:10] trees, stumps, brush and other natural
[13:12] vegetative material generated from the
[13:15] clearing of land for development or
[13:16] agricultural purposes. But there are
[13:18] other reasons people would clear land.
[13:20] >> Yeah.
[13:22] >> Like
[13:23] >> well develop
[13:23] >> what happens if they just wanted more
[13:25] open space?
[13:25] >> I mean I think you could argue that that
[13:27] might fall under development. that might
[13:29] be getting into the weeds.
[13:30] >> Why can't we just say why can't we say
[13:33] yard debris means brush, limbs,
[13:36] branches, shrubs, and tree trimming?
[13:38] Land clearing debris means trees,
[13:40] stumps, brush, and other natural
[13:42] vegetative material and get rid of
[13:44] generated doesn't matter how it was
[13:46] acquired. So strike generated from the
[13:50] clearing of land for development or
[13:51] agricultural purposes. And for yard
[13:54] debris above that, let's strike
[13:56] resulting from routine landscape
[13:59] maintenance. I don't think that's
[14:00] necessary. Would the group agree?
[14:06] » All right, let's move on then.
[14:07] >> I have a question.
[14:08] >> What did we do with open burning?
[14:10] >> We've highlighted that. We're coming
[14:12] back to it.
[14:14] >> Okay. Page three,
[14:17] section 1621, permit acceptance.
[14:20] Recreational fires as well as outdoor
[14:22] cooking fires using grills, smokers,
[14:25] barbecue pits or similar devices solely
[14:28] for food preparation are exempt from
[14:29] permitting requirement. Think that's
[14:32] straightforward? Everybody agree?
[14:35] Uh let's see. But let me say go ahead
[14:38] because you have permit exceptions but
[14:41] there is no permit so we have to say
[14:45] that
[14:46] >> let's can we once we get to the end can
[14:48] we come back or we're going to hit
[14:49] permits in a second all right uh section
[14:52] 1622 I'm going to highlight permit so
[14:56] then we figure that and permit
[14:57] requirements um
[15:01] come back
[15:03] okay uh 1622 requirements for recreation
[15:06] burning must be a minimum of 15 ft away
[15:09] from any building structure or flammable
[15:11] material. Straightforward must be
[15:14] attended until completely
[15:18] extinguished. Reasonable bonfires may be
[15:21] no larger than 3 feet high and 4 feet in
[15:24] diameter. I think that's reasonable and
[15:27] we pulled that from other
[15:28] municipalities. Uh, number four, bonfire
[15:31] shall only be allowed from 6 pm to 10
[15:34] pm. I think the neighboring
[15:35] municipalities were uh till midnight and
[15:38] we tighten it up. I think council member
[15:40] Nichols, you had suggested 10 p.m.
[15:42] >> Yeah, I have Can we talk about that one
[15:44] for a minute? Sure. Um, so for one, um,
[15:47] I don't know that we need to have a
[15:48] start time, frankly. I think 6 p.m. one
[15:51] day in November, it start at five.
[15:53] >> Yeah. So, that's one thing, but also
[15:55] like what um I have to be trit what do
[15:59] we care if um a neighbor wants to have a
[16:02] small bonfire or s'mores for their kids,
[16:05] you know, at 3:00 in the afternoon, you
[16:07] know? So, I'm kind of like don't feel
[16:09] like I feel like that may be a little
[16:10] overkill on our part. Um the 10 p.m. I
[16:13] know that came up at the last meeting.
[16:15] Um I mean, I feel like that's honestly a
[16:17] bit early. Um I
[16:20] >> do what, Steve? Well, yeah. I think 11
[16:22] p.m. I mean, midnight's Ocean City. Um,
[16:25] >> 11's good.
[16:26] >> Okay.
[16:28] I think what we're looking at there,
[16:30] it's, you know, let's be honest, you
[16:32] know, it's it's going to be a reactive
[16:33] type of situation, you know, right? I
[16:35] hope our neighbors text them their
[16:37] neighbors to be like, "Listen, you're
[16:38] being a little rowdy or whatever the
[16:40] case may be." Um, so I'm fine with 11 pm
[16:43] on that. I appreciate the start time
[16:45] being taken because I just
[16:46] >> Okay, so we It should say bonfire shall
[16:48] only be allowed until 10 or until 11
[16:52] p.m.
[16:53] >> Oh, midnight.
[16:54] >> Mid midnight. That's was my suggestion.
[16:57] But
[16:58] >> I I said midnight sounded good last
[17:00] meeting, but it was it was taken down to
[17:02] 10.
[17:04] I mean my thing I where I was going with
[17:06] the kind of block was the aligning it
[17:10] with all the other things that they need
[17:12] lights at park or what is when is noise
[17:15] ordinance starting to be one of those
[17:17] things that you know what I'm saying is
[17:18] there a time on that when they start
[17:21] that's
[17:22] >> noise could be a separate thing you
[17:25] could have a bonfire without being
[17:27] >> yeah I mean you know if you guys if you want to have 11 o'clock you want
[17:32] to have 12 o'clock Help yourself with
[17:35] that. My only thing with that is I don't
[17:36] want I don't want there to be
[17:40] in and by October when we're all out
[17:42] bonfiring in our yards, everybody coming
[17:45] in here and complaining, oh my gosh,
[17:47] people are out till midnight and it's
[17:49] and I'm just that's my only thing. You
[17:51] know what I'm saying? So if you want it
[17:53] to be midnight, I have no problems with
[17:54] that. I was just aligning the 10 o'clock
[17:56] with when all the other things start to
[17:59] shut down. I would complaining right now
[18:02] that
[18:03] I don't think so.
[18:04] >> Hold on if you don't mind. So I think
[18:06] this was placed in at the at our last
[18:08] meeting because there was public comment
[18:12] about nuisance burning and how do we
[18:15] address and des like identify nuisance
[18:18] burning? If you put a time in there
[18:19] without a start time, the end time
[18:22] really is irrelevant because you can
[18:24] pick up burning again right after the
[18:27] time ends because you don't have a start
[18:28] time.
[18:30] I could have a 1 a.m. fire
[18:34] sunset because that varies according to
[18:37] the time of year.
[18:38] >> I mean, I'm just saying like I think if
[18:40] you're going to strike the opening time,
[18:42] the end time doesn't matter.
[18:43] >> Opening time might relate to general
[18:46] weather. There might someone be attuned
[18:50] to and knowledgeable about managing
[18:54] these things. They might say, well, hey,
[18:59] you know, it is typical that the wind is
[19:01] going to change or it's going to die
[19:03] down. It's going to shift in direction
[19:06] around this time during the day. But you
[19:08] guys want to ban anything that I do
[19:10] anyway. So, it doesn't matter. I'm just
[19:12] going to point out that it might be a
[19:14] little bit more complicated than this
[19:15] came forward discussion.
[19:17] >> Thank you. We appreciate that. The um
[19:20] but the the thing is is that can we
[19:23] strike this entire
[19:26] >> can we strike this uh number four
[19:28] entirely? Because if we're going to if
[19:31] we're going to not have a start time,
[19:33] the end time doesn't matter.
[19:36] >> That would
[19:39] be fine with that. And if we have a lot
[19:40] of nuisance taking place and people
[19:42] coming in here, then we just take it up
[19:44] at that time. That's good. Is everybody
[19:46] okay with that? Yeah. Breaking floor in
[19:49] section 1622.
[19:51] All right. Uh number five, which will
[19:53] become our new number four. No hazardous
[19:55] conditions, air pollution, or nuisance
[19:58] will be created.
[20:00] I think it's a nice thing to just put it
[20:02] in there, but I think that nuisance is
[20:03] very big. Um section 1623, prohibited
[20:08] burning. The burning of yard waste, yard
[20:10] debris, land clearing debris generated
[20:12] from doesn't really matter how it was
[20:15] generated in my opinion, but generated
[20:17] from the maintenance or cleaning of
[20:19] property, household trash, hazardous
[20:21] materials, treated wood, plastics, or
[20:23] rubber. I guess might be worth it. Uh,
[20:26] is prohibited. Everybody okay with that
[20:28] one?
[20:30] All open burning. Moving on to page
[20:33] four. Permits are automatically.
[20:36] But we're taking out from 1624
[20:42] land.
[20:44] >> I don't think so. Because
[20:46] >> so we're not taking out generated from
[20:48] the maintenance of the property.
[20:50] >> Yeah.
[20:50] >> I mean,
[20:51] >> we took that out of the definition.
[20:53] >> Yes. But then household trash, hazardous
[20:55] materials, treated wood, plastics, and
[20:57] rubber were not in the definition.
[21:00] >> Just just check.
[21:01] >> Is that okay though? Just check.
[21:03] >> All right. Um, all open burning permits
[21:06] are automatically suspended whenever
[21:08] Worcester County or the state of
[21:10] Maryland declares a burn ban. We're
[21:12] going to need to come back to it.
[21:14] >> Town of Berlin, should we decide to do a
[21:18] burn?
[21:19] >> Well, and I think that this is going to
[21:20] require us to revisit that in just a
[21:22] second anyway because of the permitting
[21:25] that Gas will ref. All right. So then
[21:29] 1624 enforcement and penalties on any
[21:32] person who shall violate any provision
[21:34] of this article shall be guilty of a
[21:37] municipal infraction and shall be
[21:39] subject to a fine in the amount of $100
[21:41] for any single or initial infraction and
[21:44] a fine in the amount of $200 for each
[21:47] repeat or continuing violation.
[21:50] Okay,
[21:52] we don't have anything outside of
[21:54] referencing permitting. So we need to
[21:57] hold one sec
[22:04] out where the material is burned in the
[22:08] open.
[22:11] Um
[22:14] see
[22:20] should is our first location where we
[22:23] reference a permit
[22:25] in the amended ordinance. The first time
[22:28] we reference that is on R page three
[22:30] section 1621. Right. And gaswell your
[22:34] recommendation is that we get rid of
[22:36] permanent this whole section because we
[22:38] don't have a permit. Is that correct?
[22:42] >> Page three, 16, section 1621.
[22:47] >> I think the discussion was that in the
[22:49] way the code currently reads, you only
[22:52] need to obtain a permit if we're doing
[22:54] an open burn. So if you are eliminating
[22:57] open burning, you're eliminating the
[22:59] reason for a permit. So then that
[23:01] language just doesn't have any place in
[23:04] the code.
[23:05] >> Okay. So then my question is why don't
[23:08] we change 1621's heading instead of it
[23:11] saying permit exceptions? Why don't we
[23:13] make that say authorized burning? And it
[23:16] says recreational fires as well as
[23:18] outdoor cooking fires using grills,
[23:20] smokers, barbecue pits or similar
[23:22] devices solely for food preparation.
[23:25] Recreational fires as well as Okay. for
[23:28] food preparation are
[23:31] authorized.
[23:37] with the following requirements which is
[23:39] the next section.
[23:41] >> Yeah, there you are. I like that. Uh are
[23:43] authorized
[23:45] repeat that
[23:47] >> with the following requirements.
[23:49] >> Authorized with following requirements
[23:54] » requirements.
[23:56] >> Let's not move on.
[23:58] >> You're good.
[24:02] » Are authorized from what? Um, so hold
[24:04] on, let me let me restate it. So section
[24:07] 1621,
[24:09] >> we're going to remove the heading permit
[24:11] exceptions and it's going to be retitled
[24:13] authorized burning.
[24:14] >> Got it.
[24:15] >> It will read below that recreational
[24:17] fires as well as outdoor cooking fires
[24:19] using grills, smokers, barbecue pits, or
[24:22] similar devices solely for food
[24:24] preparation are authorized with the
[24:27] following provision following
[24:29] requirements. And then it'll go into
[24:31] 1622.
[25:03] Okay, we're going to change the heading
[25:05] to section 1621 to authorize burning.
[25:09] It shall say recreational fires as well
[25:12] as outdoor cooking fires using grills,
[25:14] smokers, barbecue pits, or some of those
[25:16] devices solely for food preparation are
[25:19] authorized with the following
[25:21] requirements of section 16-22.
[25:24] >> I like both.
[25:25] >> Yep.
[25:28] >> Do we have consensus on that?
[25:29] >> Yeah.
[25:30] >> Okay. And go ahead. Well, with that now
[25:33] 16-22 should probably be titled
[25:36] requirements for recreational and
[25:40] cooking fires.
[25:42] >> Requirements for recreational and
[25:44] cooking
[25:44] >> striking burning
[25:45] >> striking burn.
[25:46] >> So requirements for recreational
[25:49] and
[25:50] >> cooking
[25:52] fires.
[25:53] >> That's what simplifies just say
[25:54] authorized burning.
[25:56] >> Requirements for authorized.
[25:58] >> Okay,
[25:59] >> I like that. Simplified.
[26:01] I hear.
[26:02] >> Okay. So, section 1622 is going to be
[26:05] retitled requirements for authorized
[26:11] burn.
[26:27] All right. So, then prohibited burning
[26:29] stays the same. Um, can we go back to
[26:33] open burning because No, hold on. Hold
[26:37] on one second.
[26:37] >> My council member told me that there
[26:39] would be a discussion
[26:42] public hearing in a moment.
[26:43] >> But but no, you're actually negotiating
[26:45] the full text before there's a
[26:47] discussion.
[26:48] >> That this is this is not the procedure
[26:51] at least that my council member
[26:53] indicated to me that we would have.
[26:56] >> Okay. So I'm a I'm a bit curious about
[26:58] because you you see you're saying that
[27:00] you are going to have public discussion
[27:03] but you actually want to finalize the
[27:06] code before there's a public discussion.
[27:09] >> So that's really kind of a fake promise
[27:11] isn't it of public participation.
[27:13] >> Thank you Mr. And we'll address that in
[27:14] a moment. Um open burning uh means a
[27:18] fire. So back to page two. Open fire
[27:20] means a fire where any material is
[27:22] burned in the open or in an open
[27:25] receptacle. To the point of it being
[27:27] vague, I think we got to try and find a
[27:30] way to put open burning and include some
[27:33] of the stuff that is in 1623.
[27:36] You know, any of you have any thoughts
[27:38] on how we can best do that? You want to
[27:40] add a definition to cover fires
[27:44] >> or maybe also uh prohibited materials
[27:48] from burning.
[27:52] » I just I feel like saying in an open
[27:54] receptacle
[27:57] >> is very vague.
[27:58] >> Yeah. Yeah. So then instead of having
[28:01] open burning
[28:03] um can we come up with a better word
[28:06] choice and strike open burning from
[28:11] what about prohibited materials or
[28:14] something like that
[28:18] because you have in here I'm I'm not
[28:20] saying anybody in particular we the town
[28:22] of Berlin have in here um household
[28:25] trash hazardous materials treated wood
[28:28] plastics and rubber I mean those are all
[28:30] things that I think we have a go ahead.
[28:33] Open burning means a fire. A fire where
[28:36] any material
[28:44] I was ready to say
[28:46] >> it's okay. It it would it would
[28:48] reference
[28:50] section 1623
[28:54] burning need to fire on every material
[28:56] to burn in the open
[28:58] or in an open receptacle
[29:01] which is prohibited
[29:03] by section 16-23.
[29:08] » Um hold on. Is there a way to put in
[29:10] here unauthorized burning? And that
[29:14] would include
[29:16] um we could make it so it includes open
[29:18] burning as well as the items listed in
[29:22] prohibited um burning. So unauthorized
[29:26] burning would include open burning
[29:30] as well as yard waste, yard debris, land
[29:32] clearing debris. That that's what open
[29:35] burning is. Why don't you just address
[29:37] it in 1623
[29:40] by saying in the last line uh hazardous
[29:43] materials treated with plastic or rubber
[29:45] is as or is defined as open burning and
[29:50] prohibited.
[29:52] Okay,
[29:54] I see what you're saying. So 1623 the
[29:58] burning of yard waste, yard debris, land
[30:00] clearing debris generated from the
[30:02] maintenance or clearing of property,
[30:04] household trash, hazardous materials
[30:06] treated wood, plastic or rubber is
[30:09] prohibited. No is defined is as open
[30:12] burning and is prohibited
[30:16] >> as open even if it's closed burn it
[30:20] still we would these materials would
[30:22] just be classified as open. I mean, open
[30:24] burning is a well-known phrase.
[30:27] >> I'm just saying though, I mean, like if
[30:28] I took my hazardous I'm not saying I do
[30:30] this, but if I took my hazardous
[30:32] material or my uh like say somebody's
[30:37] got plastic Tupperware and they don't
[30:39] want to take it to the landfill and put
[30:40] it in the trash can for some reason,
[30:41] they want to burn it, but they do it in
[30:43] a closed receptacle. It's still not
[30:45] going to be healthy for the public,
[30:48] but it would it would also be closed. It
[30:51] wouldn't be open.
[30:54] That would be a separate
[30:55] >> I'm just Why don't we say unauthorized
[30:57] burning includes open burning as well as
[31:02] debris yard u the burning of yard waste
[31:06] yard debris land clearing debris the
[31:08] maintenance of cleaning of property
[31:10] household trash hazardous materials
[31:12] treated wood plastic and rubber
[31:15] >> are we putting that in the definition
[31:18] I think that it wouldn't hurt it also
[31:20] clarifies them So my recommendation and
[31:24] we can see how it dives, right? Is to
[31:27] strike the definition for open burning
[31:29] and make that unauthorized
[31:34] burning
[31:37] includes
[31:41] open burning.
[31:45] and
[31:47] or and um yeah and or
[31:53] and then pick up here the burning of
[31:55] yard waste, yard debris,
[31:58] land clearing debris generated from the
[32:00] maintenance of cleaning property,
[32:02] household trash, hazardous materials,
[32:04] treated wood, plastics or rubber.
[32:10] And we're removing the definition of
[32:12] open burning.
[32:19] Let make a modest suggest even for your
[32:21] own purposes so that you have a town
[32:24] code that actually makes sense at the
[32:26] end of this that you take your council's
[32:28] advice to allow someone to calmly and
[32:32] fully try to go through this instead of
[32:34] rushing it through this all and a few
[32:37] other people um just for your own sake.
[32:40] Do you have a do you have a town code
[32:42] that makes sense at the end of the day?
[32:44] >> Thank you. But our mission is not to
[32:46] aggravate anyone. It's to respect
[32:47] everybody's time that has come here to
[32:50] provide testimony for the public hearing
[32:52] process and hopefully have something
[32:55] that the public can actually comment on.
[32:58] So, uh, Gaswell, then we got to go back
[33:01] to
[33:02] >> Go ahead.
[33:06] » Okay. So, we're going to strengthen the
[33:08] definition of open burning.
[33:10] >> Correct. And it would then say
[33:12] unauthorized burning.
[33:14] >> Let me tell you what I've written. Go
[33:15] ahead.
[33:16] >> It's a definition.
[33:18] Unauthorized burning includes open
[33:21] burning and all burning described in
[33:23] section 16-23 entitled prohibited burn.
[33:28] >> I like that.
[33:30] >> Everybody
[33:34] simplified it.
[33:36] for 16.
[33:41] How about the last sentence in 1623
[33:44] prohibited burning which speaks about uh
[33:48] permanent open burning permits being
[33:50] suspended? Do we need that in there? Um,
[33:55] no. But I think that one of the
[33:56] requirements we should add a new number
[33:58] five that um makes it adhere to any
[34:04] Worcester County or state of Maryland. U
[34:07] >> I don't understand what you're saying.
[34:08] Do number five.
[34:09] >> So right here 1622 requirement. So we
[34:13] have uh number one must be 15 ft away.
[34:17] Uh must be attended to completely until
[34:19] completely extinguished. bonfire is no
[34:21] larger than we struck number four,
[34:24] >> right?
[34:24] >> And the new number four or our whatever,
[34:27] however we want to do this, and then no
[34:29] hazardous conditions, air pollution or
[34:31] nuisance will be created. Um maybe we
[34:35] expand number five or we create a new
[34:38] number five that says that
[34:42] um
[34:45] requirements for authorized burning
[34:49] must not take place during Worcester
[34:52] County or state of Maryland declared
[34:55] burn.
[34:59] » Well, because you're not. It's the
[35:01] requirements for authorized burning. You
[35:03] don't want to authorize burnings
[35:06] without clearly noting that the burn
[35:08] bands of Worcester County and the state
[35:11] of Maryland apply.
[35:12] >> Well, why don't we just instead of
[35:14] creating a new number five just amend
[35:16] that last 1623
[35:19] >> because it's already said it's old.
[35:22] >> In 1619, you already refer to nothing in
[35:25] this ordinance
[35:27] supersede any burn. You've really
[35:30] already said Yeah.
[35:31] >> I But I think Gaswell was heading to
[35:33] take out like all open burning. Go
[35:35] ahead. What was your idea there?
[35:36] >> No, I was my initial idea was do we need
[35:40] the all open burning permits
[35:43] >> in that last sentence since we've
[35:45] already
[35:47] >> No, I thought you were going where it
[35:48] says prohibited burning to amend that
[35:50] sentence. Just trying
[35:52] >> I was going to take it out.
[35:54] >> Okay. But I think we should still have
[35:57] something in there that says um
[36:01] automatically suspended whenever
[36:03] Worcester County or the state of
[36:04] Maryland declares a burn date bait.
[36:06] >> Do that
[36:08] >> where
[36:10] the very first
[36:12] uh section last sentence
[36:14] >> nothing within this shall authorize.
[36:17] >> Perfect. Okay. Thank you.
[36:19] >> So we can take out that last
[36:24] I like that. Thanks, Jack.
[36:29] Okay. And then the enforcement and
[36:32] penalty stay the same, right? Uh Yep.
[36:36] All right. So, let's see if there's
[36:38] >> Give this thing one more glance and see
[36:40] if you see over burning somewhere.
[36:43] Um well, back in purpose. The purpose of
[36:46] the article is to protect the public's
[36:48] health, safety, and welfare by
[36:49] regulating.
[36:51] >> It should just say burning within the
[36:53] town of Berlin instead of open and
[36:55] recreational. Right.
[36:57] >> Good. Sure.
[36:58] >> Can we strike open everybody in section
[37:01] 1619?
[37:03] We're going to strike open and we're
[37:04] going to strike our
[37:05] >> I would say outdoor burning
[37:07] >> and we we're going to add recreational
[37:09] burning.
[37:11] >> Well, if we just call it outdoor
[37:13] burning. Well, because I'm saying you're
[37:15] not trying to regulate somebody's
[37:16] fireplace or burn. Then we're going to
[37:19] define outdoor burn. Um, let's keep open
[37:21] burning.
[37:23] Hold on.
[37:25] Let's see.
[37:31] Yeah, we said by regulating open burning
[37:33] and recreational burning.
[37:38] All right, I'm going to read it from the
[37:39] top because we've talked a lot about a
[37:41] lot and I want the public to be clear on
[37:42] what we're going through here. So,
[37:44] article two,
[37:46] uh the that should perhaps be
[37:51] should we keep
[37:53] >> burning?
[37:53] >> Should it just stay burning?
[37:55] >> I feel like it needs to stay
[37:57] >> outdoor burning.
[37:59] >> Every version for recreational is all
[38:02] done outside.
[38:03] >> Okay.
[38:04] >> All right. So, article two, outdoor
[38:06] burning, section 1619, purpose and
[38:08] intent. The purpose of this article is
[38:11] to protect the public health, safety,
[38:12] and welfare by regulating open burning
[38:15] and recreational burn within the town of
[38:17] Berlin. Improper burning can create fire
[38:21] hazards, air pollution, and public
[38:22] nuisances. This article is intended to
[38:25] ensure compliance with applicable state
[38:27] laws and regulations, including Comar
[38:30] 1617.
[38:32] Nothing within this ordinance shall
[38:34] authorize burning that is prohibited by
[38:36] the blister county code of public laws
[38:40] Maryland forest service regulations the
[38:42] state of Maryland fire prevention code
[38:44] or any county or state burn.
[38:47] Then moving on definitions. The
[38:50] following words, terms and phrases when
[38:53] used in this chapter shall have the
[38:54] meanings ascribed to them in this
[38:56] section except where the context clearly
[38:59] indicates a different meaning. We are
[39:01] removing outdoor burning there and we
[39:04] are Oh, thank you. Open burning. I
[39:07] appreciate it. Uh and adding authorized
[39:11] burning.
[39:12] >> Unauthorized burning. Thank you. Gasel,
[39:14] can you read what you have?
[39:16] >> Authorized burning includes open burning
[39:18] and all burning described in section
[39:21] 16-23
[39:23] entitled prohibited burning.
[39:25] >> Thank you. Recreational fire means a
[39:28] small controlled fire either gas or wood
[39:30] burning used for warmth or recreation
[39:32] not intended for waste disposal. Cooking
[39:35] fire means a fire used solely for food
[39:37] preparation and grills, smokers or
[39:39] similar appliances. Yard waste means
[39:41] leaves, grass clippings, weeds and
[39:43] similar vegetative material. Yard debris
[39:46] means brush, limbs, branches, shrubs and
[39:49] tree trimming. Land clearing debris
[39:51] means trees, stumps, brush and other
[39:53] natural vegetative material.
[39:55] One more points.
[39:57] >> No, it's fine.
[39:58] >> Just me, but can they be alphabetized,
[40:01] please?
[40:01] >> Yeah, sure. That's fine. Uh,
[40:04] >> alphabetical.
[40:08] » Who's running on that? Gaspel.
[40:10] >> Yeah,
[40:12] I'll write it.
[40:13] >> Thank you.
[40:14] >> Up next, 1621 has been retitled from
[40:17] permit exceptions to authorized burning.
[40:20] And it reads, "Recreational fires as
[40:22] well as outdoor cooking fires using
[40:24] grills, smokers, barbecue pits, or
[40:26] similar devices solely for food
[40:28] preparation are authorized."
[40:32] Yas, you can pick it up from there.
[40:35] >> With the following requirements of
[40:36] section 16-22.
[40:39] >> Thank you. Section 1622, requirements
[40:42] for authorized burn. That's been
[40:44] retitled. So it is requirements for
[40:46] authorized burn. Item one, must be a
[40:49] minimum of 15 feet away from any
[40:51] building, structure, or flammable
[40:52] materials. Number two, must be attended
[40:55] to until completely extinguished. Number
[40:57] three, bonfires may be no larger than 3
[41:00] ft high and 4 feet in diameter. We have
[41:04] struck item four, and the new item four
[41:07] would be no hazardous conditions, air
[41:10] pollution or nuisance will be created.
[41:13] Section 1623 prohibited burning. The
[41:16] burning of yard waste, yard debris, land
[41:19] clearing debris generated from the
[41:20] maintenance or cleaning of property,
[41:22] household trash, hazardous materials,
[41:24] treated wood, plastic, or rubber is
[41:27] prohibited.
[41:29] That ends that section 1624.
[41:32] Enforcement and penalties. Any person
[41:34] who shall violate any provision of this
[41:36] article shall be guilty of a municipal
[41:38] infraction and shall be subject to a
[41:40] fine in the amount of $100 or any single
[41:43] or initial infraction and a fine in the
[41:46] amount of $200 for each repeat or
[41:48] continuing violation.
[41:51] Have I missed anything?
[41:53] >> Quest
[41:55] 1623 prohibited burn.
[41:57] >> Okay. It leads the burning yard waste,
[42:00] yard debris, land cleaning generated
[42:03] from maintenance or cleaning of
[42:04] property, household trash, hazardous
[42:06] materials, tree, wood, plastics or
[42:08] rubber is it? I think so. Okay.
[42:13] All right. Now, any other comments
[42:16] before we open up the public hearing?
[42:19] Okay. Seeing none, we're going to open
[42:21] the public hearing on ordinance 2026-06
[42:24] amending chapter 16 entitled fire
[42:27] prevention and protection article two
[42:29] entitled outdoor burning as discussed a
[42:32] moment ago. Now, anyone that would like
[42:35] to address the baron council may do so
[42:36] at at this time regarding ordinance
[42:39] 2026-0.
[42:42] Well, what what is your name and street
[42:44] name if you don't mind and come forward
[42:46] and then you know where I live. Thank
[42:48] you and you know what my name shirt
[42:53] >> nice shirt.
[42:53] >> Oh, thank you.
[42:54] >> Um I mean what you're doing here is
[42:58] what you can do but this creates a a
[43:01] very significant hardship for me. Um how
[43:04] much money and time did the town spend
[43:06] running the chipper all around town
[43:09] after the storm doing that? and you all
[43:12] have access to $50,000 shippers and
[43:16] manpower and you know the ability to do
[43:20] that. But my understanding was is that
[43:22] the cleanup after the storm this spring
[43:25] for the town was a rather substantial
[43:27] burden. Um I may be in a relatively
[43:30] unique situation in town where I have an
[43:33] agricultural property that's been in
[43:35] agricultural production since before the
[43:37] town of Berlin existed. I have a
[43:40] forestry management plan. I have 30
[43:43] acres and it generates a lot of debris
[43:46] and I need to get rid of it. I have a
[43:48] chipper. I can't afford a $50,000 veneer
[43:51] tripper and a truck to drag it all
[43:53] around. Uh I've been through I've worn
[43:56] out two shippers. I'm on my third
[43:58] chipper. It's an $8,000 piece of
[44:01] equipment. It's not, you know, it's this
[44:04] is an expensive and difficult thing to
[44:06] do.
[44:07] Um, and the ordinance as you have just
[44:11] done it. I understood from my council
[44:13] member that we were actually going to
[44:14] have a discussion of what should be in
[44:15] the ordinance, but apparently that's not
[44:17] the case. Um, you know, it's it's going
[44:20] to create imagine, you know, imagine a
[44:24] the the level problem that that the town
[44:28] had after the storm this spring. Now, my
[44:31] level problem is not quite that big, but
[44:34] it's pretty damn big. and the ordinance
[44:37] as you are proposing it now creates a
[44:40] really serious hardship for me in terms
[44:44] of being able to maintain the property.
[44:47] Um it you might say well why don't you
[44:50] just you know push that stuff back into
[44:53] the woods or something.
[44:55] Maybe 40 or 50 years ago before we had
[44:58] the invasive species problems that we
[45:00] have now, it was easier sometimes to
[45:04] just push material back into the woods
[45:07] and forget about it. I can still cut up
[45:09] and let material lie along the forest
[45:11] floor if it's in a wellshaded area, but
[45:14] most areas are not shaded. One of the
[45:16] reasons why I don't have a lot of shaded
[45:18] area is the town's mowing. Um, but so I
[45:22] can't just push the material back in the
[45:24] woods and and hope that it goes away
[45:25] because you know what happens? It
[45:27] becomes a scaffold for invasive species
[45:30] to grow on and it becomes a a large
[45:34] problem on the land because the wood
[45:37] doesn't break down fast enough before
[45:40] the wisteria, the porcelain berry, the
[45:43] whatever it is gets on it and start and
[45:45] starts going. So, um, yeah,
[45:50] listen, uh, as I said at the last
[45:53] meeting, uh, you know, my family has
[45:58] periodically needed to have a fire
[46:01] behind my place for as long as anyone
[46:04] can remember. We've always done it, and
[46:08] there's never been an issue of the fire
[46:10] not being controlled. Um,
[46:14] I do my best to
[46:17] avoid burning things. It's not like I
[46:19] want to do it, right? You know, um, I do
[46:22] my best to avoid burning things, but the
[46:25] amount of material that is generated is
[46:28] just too much to be able to deal with.
[46:32] Um and uh
[46:36] you know if there is no if there's no
[46:38] provision in this ordinance that that
[46:41] allows me to do something to to control
[46:45] this stuff,
[46:47] you know.
[46:50] Yeah, it's it's it it's it's a
[46:51] substantial burden for me. Um and it's
[46:55] also potentially like substantially not
[46:58] good for the quality of the environment.
[47:01] um going not just where I am like
[47:03] because like for example if I do a
[47:05] decent job controlling invasive species
[47:07] by being able in part to do this stuff
[47:10] and to burn this stuff it doesn't go
[47:12] downstream and start growing you know
[47:15] further down. So uh you know y'all can
[47:19] do what you want but you know it
[47:23] we've been there for a while. We've
[47:25] managed I've been able to manage my land
[47:27] and my family has managed my land
[47:29] without problems including about one
[47:33] burn a year for longer than the town has
[47:37] been here. Um, and if you want to take
[47:40] that away from me and create a burden on
[47:42] me as town land owner, there's nothing
[47:45] that I can do about that. But I really
[47:48] think that um
[47:52] it's pretty lousy thing to do. But, you
[47:54] know, if if you want to do that, do
[47:56] that. But, you know, I really think that
[47:59] there should be a provision. There are
[48:01] not very many people in town that are in
[48:02] a that are in sort of my place, you
[48:05] know, and I understand that and that's a
[48:07] reality to be recognized. You know,
[48:10] that, you know, folks don't generally
[48:12] have the types of properties that I
[48:14] have, which because I didn't ask for it.
[48:16] just there it was, right?
[48:20] let me do what I need to do in order to
[48:24] maintain my property. We've done it
[48:27] safely. We've done it for a very, very
[48:30] long time and create some sort of
[48:33] provision in this fire ordinance to
[48:36] allow that. That's my request to you.
[48:39] >> Thank you for your comment. Anyone else
[48:41] that would like to address the Baron
[48:43] Council regarding uh 2026-06?
[48:48] » I go I just the street name
[48:51] >> Beverly right um up your lane
[48:54] >> I just was curious
[48:57] about how often he burns
[49:03] um
[49:04] he said oh he talked I thought last time
[49:07] he said something like 30 times and so
[49:10] that concerned me um so I know you're
[49:16] probably gonna think this is crazy but
[49:19] There probably ought to be some
[49:22] provision
[49:24] that allows him to apply for some kind
[49:26] of permit within some kind of
[49:28] parameters.
[49:30] Um
[49:32] because he does have a huge property and
[49:34] it might be unique
[49:36] and I'm not saying that everything he's
[49:38] doing is correct, but
[49:40] he seem no one's died yet or and he
[49:44] seems to be following a lot of rules.
[49:47] So, I I think there might be room
[49:51] for something
[49:53] to accommodate whatever he's doing if
[49:56] it's limited to once or twice a year.
[49:59] What about notice given to neighbors
[50:01] that there's going to be open burning so
[50:03] we're prepared for it and we don't think
[50:06] that the whole town is burning down if
[50:08] we smell. I'm just offering that as a an
[50:12] option.
[50:15] point typically I would burn one time a
[50:19] year. the contact the comment about 30
[50:21] times. It was if I had to burn the same
[50:23] amount of material and was restricted to
[50:26] >> Oh, by
[50:29] the name
[50:30] >> Street Dawn Sure. 305 North Main and uh
[50:35] thanks for public comment. Nice. We got
[50:37] to it eventually. Um
[50:40] I was coming here originally to say,
[50:41] "Hey, 6 to 10, that's crazy." But thank
[50:44] you very much. That one's already gone,
[50:45] so I'm going to trust that it'll stay
[50:47] gone. Um, I think my first thing is
[50:49] probably going to need to start over
[50:51] with a new first reading and all, right?
[50:53] It's different enough. Well, I would
[50:55] suggest it because it's different enough
[50:57] that there might be other people in town
[50:59] that would want to have different
[51:00] comments, but that's it's my opinion.
[51:02] Um, also I think in that same vein I
[51:05] would suggest that the council look
[51:07] again at section 1622
[51:09] rec requirements for authorized burning
[51:12] because previously in 1621 we said that
[51:16] recreational fires as well as outdoor
[51:18] cooking fires will follow those same
[51:20] requirements which now means that if you
[51:23] have a grill it needs to be 15 ft away
[51:26] from any building structure or flammable
[51:29] material. So, I don't know if anybody
[51:31] has a fence if they put their grill
[51:33] closer than 15 feet or if at the back of
[51:36] their house they roll out their little
[51:38] charcoal grill and it's 10 feet. Has
[51:40] anybody measured the Atlantic Hotel to
[51:43] see if they're 15 ft from their fire
[51:45] pit? It this this just also applies to
[51:48] um to gas, right? Yeah. So, their fire
[51:52] pit possibly is closer than 15 ft. So,
[51:54] maybe we need to measure that. I like
[51:56] the Atlantic Hotel to sit around. um see
[52:00] that that I don't know that we want it
[52:02] to apply to
[52:05] cooking fires. Um artificial cooking
[52:08] fires and then also that um I guess
[52:11] whateverly was saying I don't know the
[52:13] two properties that previously were able
[52:16] to do the get the permits to do control
[52:19] burning or something that was in the
[52:21] notes from last time. I are they
[52:23] agricultural?
[52:25] >> It's just one
[52:26] >> Mr. Hammond yours is agricultural. So, I
[52:29] think a real easy way is to look at
[52:31] permitting that there would be a permit
[52:33] that if you have a property that's large
[52:34] enough to be considered agricultural,
[52:36] you have a way to apply for a permit
[52:40] once a year, four times a year, I don't
[52:43] know, includes post um post uh storm or
[52:48] something. And my only other thought was
[52:53] as we were you guys we were all talking
[52:54] or listening and then I kind of changed
[52:57] my mind but just to share if there's no
[53:00] way for permitting
[53:02] it might make it harder if we ever have
[53:04] something in the future like god forbid
[53:07] a post uh real hurricane clearance
[53:10] something that is like an emergency
[53:12] situation there's no way to get it then
[53:16] it could slow down the process of
[53:18] recovery if the council has to go and
[53:20] make a um a temporary emergency
[53:23] situation for what's allowed. So,
[53:29] >> anyone else that would like to comment
[53:31] regarding ordinance 2026-06
[53:35] message here?
[53:38] » Can we take that during council comments
[53:40] instead of public comment?
[53:43] >> Well, it's for this for this.
[53:49] No, no, no. I meant like once we close
[53:52] the public hearing, take comments and
[53:54] consideration from our group.
[53:55] >> I think that is a public. It is a public
[54:02] hear.
[54:02] >> No, I just think that like advertise it
[54:04] as being open to
[54:08] call.
[54:08] >> Yeah. That's why I think it's probably
[54:10] better they've reached out to me. That's
[54:12] your comment following the public.
[54:15] All right. Anyone else that would like
[54:17] to address the mayor and council
[54:18] regarding 20 ordinance 2026-0?
[54:22] Okay, we're closing the floor. Now we'll
[54:24] open it up for council discussion.
[54:27] >> Well, I was real quick on my mind. The
[54:29] 15 ft. Um, can I hear you on that?
[54:31] Because I know like we're all out
[54:34] through my house. Um, where did that
[54:36] come from language that a testing
[54:40] performance or I think Ryan
[54:44] recreational fires for the county that
[54:46] did not include
[54:48] >> we just broke that in just right now.
[54:51] So, do you did it say that that
[54:54] >> personally if you have a gas grill
[54:57] >> if you have a gas grill or a cooking
[54:59] grill or something like that?
[55:01] >> You Yes, it works most of the time, but
[55:05] it doesn't work all the time. And having
[55:09] a recommendation of 15 ft,
[55:12] I don't think it hurts. I mean, that
[55:15] grill catches on fire. I mean to your
[55:17] point too uh you said the gas fires that
[55:20] sometimes I've watched people do it on
[55:22] their porches doesn't mean that it's a
[55:24] good idea
[55:26] but I mean if somebody I don't think
[55:28] anybody uh from planning and zoning or
[55:31] the police department's going to come
[55:32] out there with your cooking grill and
[55:34] say 14 ft $100 fine but I don't that's
[55:39] just my two cents
[55:40] >> if your house burns down
[55:42] >> I've seen a couple of those
[55:45] about
[55:47] >> but once it's written we could get a
[55:48] fine
[55:49] >> could play
[55:51] >> and they come out and he says you get a
[55:54] fine
[55:55] >> we have a lot of reporting that
[55:58] >> right I mean we're still in dialogue but
[56:01] I'm just saying
[56:02] >> yeah so my feeling about all this is
[56:05] we'll come back to Mr. gas is initial.
[56:07] We have changed quite a substantive
[56:09] amount of this. Um I don't know how um
[56:12] I'm just a little bit concerned that
[56:14] your notes are driving exactly what
[56:16] we've outlined here. Nothing no offense
[56:19] you know. Uh I think I do think there's
[56:22] merit to um I mean I guess it is
[56:24] restarting the process of having revised
[56:26] when it's come back per treating. I mean
[56:28] really don't think we'll burn out both
[56:30] at a time and money for the legal ads
[56:32] personally. Um
[56:34] >> that's not a
[56:35] >> Yeah, that's not
[56:36] >> I just I do kind of feel like it's
[56:37] probably a fairness issue. I mean um
[56:40] just because we have we dissected this
[56:41] thing a lot. Um so that's just my
[56:44] comment on that but I think that's too
[56:47] comment.
[56:47] >> Uh well yeah I I have this comment and I
[56:50] have my comments but I'll I'll read this
[56:52] one u first. So, I know everybody I'll
[56:55] try to be so ready to hear. Uh, Mayor
[56:57] Tindle, members of the council, I
[56:59] support tightening this ordinance. Yard
[57:02] waste and household trash burning in a
[57:03] town this dense doesn't belong in the
[57:05] code anymore, and I don't think anyone
[57:07] in town disagrees with that. But section
[57:10] 16-24, as drafted, doesn't tighten the
[57:12] rule, it erases. It treats a resident
[57:15] with a twoft brush pile the same as a
[57:17] property owner sitting on acres of
[57:19] wooded land who loses trees every storm
[57:21] season. Those aren't the same problem
[57:23] and they shouldn't get the same answer.
[57:25] I'm not here asking you to keep the old
[57:27] system. I'm here asking for a middle
[57:29] path between the old system and offering
[57:31] a blanket no. In the last meeting, Ryan
[57:34] informed the mayor and council that only
[57:36] two open burning permits have been
[57:38] processed recently and both were excuse
[57:41] me and both were on unusually large
[57:43] parcels. One is actually my neighbor who
[57:45] lost some serious limbs during our most
[57:47] recent blizzard. That's not evidence the
[57:50] exception is being abused. That's
[57:51] evidence is already self-limiting. The
[57:54] people using the exception are exactly
[57:55] those we should permit. A blanket ban
[57:58] punishes them to solve a problem they
[58:00] aren't actually causing. With that in
[58:02] mind, I propose a special land clearing
[58:05] and storm debris permit available only
[58:06] to parcels above a defined acreage
[58:08] threshold, say 2 acres. So, a standard
[58:11] in town lot can't claim it. Every permit
[58:14] will require site approval from the fire
[58:16] marshall or Berlin fire department
[58:17] before issuance, not just a paper
[58:19] application.
[58:21] where the county's 500 yard setback
[58:23] cannot physically be met, the applicant
[58:25] signs a site plan and the fire
[58:27] department signs off on an alternative
[58:29] safer configuration. Safer
[58:31] configuration, similar to how Ed
[58:34] Hammond's aerial imagery submissions
[58:36] already have been reviewed and approved.
[58:39] Cap at four permits per property
[58:41] annually, so it functions as relief for
[58:42] genuine storm debris, not a loophole for
[58:45] routine burning.
[58:47] Council member Nichols raised the idea
[58:49] of a fire department partnership for
[58:50] these situations. That's the mechanism
[58:53] right there. Let the fire department's
[58:55] presence be the safety valve that makes
[58:57] this workable instead of the reason to
[58:58] shut it down entirely. This middle path
[59:01] isn't a request to keep the old system,
[59:03] and it isn't a request to eliminate the
[59:05] exception outright. It's a request to
[59:07] replace it with something that actually
[59:08] distinguishes between the guy burning
[59:10] leaves in his backyard and the property
[59:12] owner managing storm damage on five
[59:14] wooded acres. Right now the ordinance can't tell those
[59:18] two people apart. I think it should.
[59:21] Thank you.
[59:23] This was emailed to the group after the
[59:25] fact that I found out and it's probably
[59:26] I'll tell you
[59:30] on base.
[59:32] So I have a couple questions for how
[59:34] many acres do you have?
[59:36] Over 30.
[59:37] >> Okay. And I know you've been burning for
[59:39] several years now. I understand your situation, but the county
[59:44] regulations, and I kind of brought this
[59:46] up last time, but county regulations
[59:48] state that any open fire has to be
[59:51] within 12 feet, 1200 ft of structure.
[59:55] How is it that you can burn it,
[59:58] a structure or road?
[59:59] >> I've applied for per I mean, I you know,
[1:00:02] again, I think the last time I said, I
[1:00:04] mean, maybe you need to speak to the to
[1:00:07] the county fire marshal. I've always
[1:00:09] applied for permits. Permits go to the
[1:00:12] county fire module and I include was
[1:00:16] mentioned overhead
[1:00:19] imagery and indication of where it would
[1:00:21] be. Um, you know, and I remember on
[1:00:24] exchange the last time having it where I
[1:00:28] do just for example, I have access to
[1:00:30] multiple spots and a lot of water if I
[1:00:32] were needed. Um, I could,200 feet I
[1:00:36] can't do. I mean, I could I would go
[1:00:38] further away from a structure, but it
[1:00:42] would actually I think I would argue
[1:00:44] that
[1:00:46] I mean
[1:00:47] >> you're doing it safely if you are.
[1:00:49] >> Yeah. Yeah. I mean, I would say you're
[1:00:51] always going to be better off,
[1:00:53] >> right?
[1:00:54] >> But you're looking at it like we're
[1:00:55] trying to prohibit it, but really the
[1:00:57] county is already prohibited.
[1:01:00] County Fire Marsh. Look, I mean, I've
[1:01:02] been I've talked to the county fire and
[1:01:05] county fire marshal does not have issues
[1:01:08] with that I spoke with, you know, I
[1:01:10] don't want to put words in it is now
[1:01:11] does not have issues with fire
[1:01:14] that I had. Um, you know,
[1:01:18] I again I mean maybe it's it's the thing
[1:01:21] is I mean I'll just be I'm just very a
[1:01:26] literal read of the county fire gun
[1:01:28] which I did a few years ago um makes you
[1:01:32] eligible for you know uh 20 years in the
[1:01:36] supermax if you like a cigarette walk up
[1:01:38] and down the street right the county
[1:01:40] fire code's clearly written to be as
[1:01:44] prohibited as possible
[1:01:45] and that it is obviously the case that
[1:01:49] then the county fire march will exercise
[1:01:51] its discretion with respect to what is
[1:01:54] per because if you if you took that
[1:01:57] literal reading of it um I mean really
[1:02:00] serious took that literal reading of it
[1:02:02] I think lighting a cigarette on the
[1:02:04] street is criminal offense so I think
[1:02:07] that they're
[1:02:09] uh maybe
[1:02:11] you know if you look comparing the the counting fire code to what has
[1:02:18] existed and would potentially exist in
[1:02:20] future intervention.
[1:02:22] Um it's a little bit of an apples and
[1:02:24] oranges situation because it's a totally
[1:02:26] different kind of land mass and sort of
[1:02:31] system under which the county operates.
[1:02:34] Um
[1:02:35] you know the county fire marshal has not
[1:02:37] had issues signing off all the fires.
[1:02:43] So the other side of that is in the
[1:02:47] >> I know we all got to get up and dance.
[1:02:49] So there's been reference to like two
[1:02:52] permits, but the other thing is Brian,
[1:02:55] do you happen to know off the top of
[1:02:56] your head or Fisher? I know that we have
[1:02:59] a couple at least on the books of folks
[1:03:02] doing this type of burning like outdoor
[1:03:04] burning where people complained and have
[1:03:08] called and have had the police
[1:03:09] department come out and make contact.
[1:03:12] Not not you, Mr.
[1:03:13] >> H. There was one. There was one.
[1:03:16] >> There was one. And the reason why was
[1:03:18] that the town did not notify the
[1:03:20] neighbors. I pulled the permit. Part of
[1:03:23] pulling the permit was that the
[1:03:24] neighbors were to be informed. And
[1:03:27] >> are you talking about your own property?
[1:03:28] I'm not talking about your property.
[1:03:30] Okay.
[1:03:30] >> I'm saying in general,
[1:03:32] >> in general, that has happened with
[1:03:33] respect to my property. And the reason
[1:03:35] why it happened was that the neighboring
[1:03:38] land owner had not been informed by the town and and follow the fire in.
[1:03:45] >> I'm talking about instances where folks
[1:03:48] are burning and it has created a
[1:03:51] nuisance that has yielded itself I think
[1:03:54] probably more to the police department
[1:03:56] than the planning but it might have been
[1:03:57] reported after the facts. So there are
[1:03:59] more than just two instances of burning.
[1:04:02] There are instances of police department
[1:04:04] responding to nuisance burning that this
[1:04:07] ordinance would address. So I want to
[1:04:10] make sure that when we say two, there
[1:04:12] are more uh that this does
[1:04:15] >> those are unpermitted
[1:04:18] then the police should go.
[1:04:19] >> I'm saying open burn is what I'm saying.
[1:04:21] Open instances of open burn.
[1:04:23] >> But maybe we could have a special
[1:04:24] provision for large land owners to have
[1:04:26] an open burn once possibly twice a year.
[1:04:29] And how my thing on that will be how you
[1:04:32] define large land by a certain amount of
[1:04:35] acreage.
[1:04:36] >> I mean I I wrote an email including to
[1:04:38] the including to the town attorney and I
[1:04:41] said that you know you can do it by size
[1:04:43] and and I don't think that that's
[1:04:44] somehow you know discriminatory or
[1:04:47] something. I mean it's a simple
[1:04:49] recognition biological reality but you
[1:04:52] know larger properties there's that um I
[1:04:55] have a farm management excuse me forest
[1:04:56] management plan you know it's it's
[1:04:58] drafted by the state forester um it's
[1:05:01] you know my land is agriculture in the view of the state of Maryland um
[1:05:06] those are some pos those are some
[1:05:08] criteria that can be used um the other
[1:05:11] thing that I pointed out to the town
[1:05:12] attorney is that the county has a
[1:05:14] freedom to farm law and the freedom to
[1:05:17] farm law was intended specifically to
[1:05:19] protect traditional agricultural
[1:05:22] practices of which an annual burn is
[1:05:26] most definitely one uh in the county.
[1:05:29] It's intended to you know prevent the
[1:05:30] problems that happen when people don't
[1:05:32] know what the chicken house is get too
[1:05:33] close to the chicken house that sort of
[1:05:35] thing. But this is this is another
[1:05:36] example. So you want to talk about
[1:05:38] carrying through the the spirit of of
[1:05:41] county law into the into the the town
[1:05:45] code.
[1:05:47] Well, what about what about the
[1:05:48] county's, you know, freedom of farm,
[1:05:53] right?
[1:05:54] I mean, I I would be if you gave me if
[1:05:57] you gave me one time a year, that's all
[1:05:59] I need, right? if we're going to
[1:06:01] continue under the system of the present
[1:06:03] size, you know, but um I mean
[1:06:08] there should be a restriction size
[1:06:10] though
[1:06:12] because I hear I hear your claim about
[1:06:14] having multiple garden hoses, but a 5/8
[1:06:18] line is half inch line is probably what
[1:06:20] you have fed by
[1:06:23] >> the fire. I'm just saying like the
[1:06:25] volume
[1:06:26] >> this and done that and shown my
[1:06:28] >> but the volume of fire that you
[1:06:30] discussed with your method of handling
[1:06:33] it if it were to get out of control
[1:06:36] there has to be some structure around
[1:06:39] the size and the way that something like
[1:06:42] that would burn.
[1:06:44] >> My ask is always been I'll do it the way
[1:06:47] that you say that I should do it. um
[1:06:52] just give me a viable opportunity. So I
[1:06:55] would yeah you say you want to put it
[1:06:57] inside a inside a firebox of some sort.
[1:07:01] I can do that. I might need more than
[1:07:02] one a year that's like that but I can do
[1:07:06] that. I mean I'm willing to I'm not
[1:07:08] saying
[1:07:10] you have to agree to what I do and even
[1:07:13] the practice that I have now of the
[1:07:16] former rules right because I wanted to
[1:07:18] use
[1:07:21] you know, a containment area. But I was
[1:07:23] told that, you know, that wasn't
[1:07:26] practical because I would have to pull
[1:07:28] permit.
[1:07:28] >> Why don't we do this? Why don't you put
[1:07:30] your ideas on paper, send them to the
[1:07:33] town attorney, we'll take a look at them
[1:07:35] to see how we can Why Why are you
[1:07:37] laughing?
[1:07:38] >> Because I did that and there was and the
[1:07:40] result was that you just walked through
[1:07:42] and completed the ordinance.
[1:07:44] >> Well, you have to realize and you make
[1:07:46] comments that this is designed and aimed
[1:07:48] at you. It's not. This is an ordinance
[1:07:50] of the town of Berlin 5,000 something
[1:07:52] residents
[1:07:54] design
[1:07:57] but but that's the subject
[1:07:59] >> a lot of things I enjoy. I don't know if
[1:08:01] this is one thing um the the you provide
[1:08:05] and make sure he has your best uh step
[1:08:09] forward at what you think you would need
[1:08:10] to be able to accommodate your forested
[1:08:13] land. and we will review that with the
[1:08:17] reintroduction of the ordinance and see
[1:08:20] if there's a way that we can marry the
[1:08:21] two together. Fair enough. First reading
[1:08:23] will include the amendment
[1:08:27] hold. First reading would include the
[1:08:28] amendment as drafted by the council and
[1:08:31] it can include a summary of Mr.
[1:08:34] Hammond's thoughts about what could be
[1:08:37] addressed uh related to a larger parcel
[1:08:40] or something like that.
[1:08:42] So I was going to but actually
[1:08:50] » I mean I've said what I thought about
[1:08:51] it.
[1:08:53] >> All right. So, I'm going to go ahead and
[1:08:54] make a motion that we table this uh
[1:08:57] until the town attorney can advise us
[1:09:04] on the amendments that we the suggest
[1:09:07] the edits that we made tonight and input
[1:09:09] from folks like Mr. Hanning and ways we
[1:09:14] can deal with the unique circumstances
[1:09:16] of certain property.
[1:09:17] >> Can I help with that?
[1:09:18] >> Sure. enabling the amended motion u the
[1:09:23] amended ordinance 2026-06
[1:09:25] to be brought back at our next meeting
[1:09:27] with the amendments in print form along
[1:09:30] with a recommendation on if we were to
[1:09:33] incorporate burning for larger parcels
[1:09:36] what that would look like.
[1:09:37] >> Yeah, because I do I mean I do agree
[1:09:41] >> we're not promising that it's going to
[1:09:42] be about
[1:09:42] >> I do agree with Steve that we've made
[1:09:44] some substantive changes.
[1:09:46] I think this could I know I think that
[1:09:48] could qualify as a first
[1:09:50] >> because the public hearing comes second
[1:09:53] time. So I I think I don't disagree with
[1:09:57] I think I I'll make the suggest changes
[1:10:01] and I think that that once I get it to
[1:10:03] you we should have a first reading on
[1:10:06] that
[1:10:08] >> but you're not incorporating
[1:10:10] >> the process of the correct
[1:10:12] >> but you're not incorporating
[1:10:14] a
[1:10:16] plan for large property owners. You're
[1:10:19] going to take Well, we have
[1:10:21] >> with an option that if it were to be
[1:10:25] adopted that it could be inserted into
[1:10:27] the ordinance.
[1:10:28] >> Yeah, that would be what this would do
[1:10:30] today had we made any changes to side
[1:10:33] like if this were to go through and we
[1:10:35] just said, "Oh, we're going to change
[1:10:36] the time."
[1:10:39] That's the same process.
[1:10:40] >> So, can you want me to restate the
[1:10:42] motion or you want to restate?
[1:10:43] >> Um, okay. So, Councilman Doris has made
[1:10:46] a motion to table ordinance 2026-06,
[1:10:51] restart the process with at our next
[1:10:53] meeting with first reading with the
[1:10:57] amended version of the ordinance in the
[1:11:00] packet as well as a plan for uh if the
[1:11:03] council were to adopt a a pathway for
[1:11:06] larger property owners. Do we have a
[1:11:08] second?
[1:11:08] >> I have a second by council member Gur.
[1:11:10] All in favor say I.
[1:11:11] >> I.
[1:11:11] >> All oppose. Let the record reflect the
[1:11:13] votes unanimous to table ordinance
[1:11:15] 2026-06.
[1:11:17] Restart the public process with first
[1:11:20] reading at our next meeting. Thank you.
[1:11:22] everyone. Can we hold those
[1:11:24] until public comment? I think that will
[1:11:27] be
[1:11:28] >> I think I know but I think it would be
[1:11:30] great.
[1:11:31] >> Let's
[1:11:31] >> I'm unclear on what it's in your head.
[1:11:34] I'm unclear on what you actually want
[1:11:36] from me. You want justification for
[1:11:39] these? Do you want what the physical
[1:11:41] requirements are?
[1:11:44] >> We don't want a book. We want like if we
[1:11:46] were to take your
[1:11:47] >> Don't worry, I'm not sending you a book.
[1:11:48] I I want you to tell me though what it
[1:11:50] is.
[1:11:50] >> So, if we were to plug and chug like if
[1:11:52] you were to take the ordinance that we
[1:11:55] have here and you look at section uh 19
[1:11:58] uh 1619, purpose and intent, don't
[1:12:01] exceed that amount. But we would like
[1:12:04] your thoughts on if you have a large
[1:12:06] parcel that I'd be allowed to burn once
[1:12:09] a year.
[1:12:11] >> Yeah. In essence, make it easy and
[1:12:14] digest and
[1:12:16] >> find. All right. Well, can I get a copy
[1:12:19] of what it actually
[1:12:23] suggest? Um,
[1:12:26] I don't read my emails on the weekend.
[1:12:28] Will send me emails on the weekend.
[1:12:32] All right.
[1:12:34] Yeah.
[1:12:34] >> Just our next meeting isn't until
[1:12:37] September 14th. So, if you put your best
[1:12:40] effort on it before sometime before uh
[1:12:43] the first week of September, he should
[1:12:45] have time to be able to look at it. We
[1:12:46] should have time to be able to put it on
[1:12:47] the desk.
[1:12:48] >> I think I wonder if So, all right.
[1:12:53] >> I think that what he read from that
[1:12:55] person is what I was trying to say, too.
[1:12:58] And I think that should be somehow
[1:13:02] send that send that text. It should be
[1:13:04] thrown into your mix to be considered as
[1:13:07] part of a new section.
[1:13:10] I know it's very well thought out. Thank
[1:13:13] you. All right. Can we everybody good?
[1:13:16] Okay. Let's move on. So items for
[1:13:18] approval. Item four. Before each one of
[1:13:20] these are action, there is an
[1:13:21] opportunity for public comment. Motion
[1:13:23] uh 4 A. motion 2026-48
[1:13:26] funding for lead service line project
[1:13:28] and our finance director Natalie Slay is
[1:13:30] going to welcome
[1:13:31] >> good evening I'm going to just for a
[1:13:34] quick summary we all know that we have
[1:13:37] that place projects uh started a while
[1:13:40] ago it requires a long process of
[1:13:43] inventory servicing and eventually a
[1:13:46] replacement with that said obviously the
[1:13:50] cost u associated with those projects
[1:13:53] and
[1:13:54] um been estimated in the past but as we
[1:13:57] moved along um the costs not matching
[1:14:01] what was previously
[1:14:04] we've gone back to Maryland department
[1:14:06] of envir environment and have asked them
[1:14:09] to revisable
[1:14:11] funding funding um they offer to us in
[1:14:16] the form of loans slash loans with
[1:14:20] forgiveness of the principal after
[1:14:22] several
[1:14:24] years of being.
[1:14:27] So
[1:14:31] » go ahead come to the table or something.
[1:14:34] >> The only thing numbers
[1:14:36] >> I'll add to what we said just for
[1:14:38] clarification.
[1:14:40] >> Excuse me. This is not a project that
[1:14:41] Berlin just undertook. This is mandated
[1:14:44] for every every community to
[1:14:49] >> Thank you. Go ahead, Nick.
[1:14:50] >> Certainly. So back in 2023, this this
[1:14:53] project began. Uh the state required it
[1:14:55] and town took at it full force. At that
[1:14:59] time, we submitted an application for
[1:15:00] funding of roughly a million dollars.
[1:15:03] That was uh slotted for all of William
[1:15:05] Street, Broad Street, and Bay Street.
[1:15:07] Unfortunately, as we continued moving
[1:15:10] forward, the state kind of ironed out
[1:15:12] the regulations and the requirements for
[1:15:14] the project became a lot more than what
[1:15:16] was originally anticipated. At that
[1:15:18] point, at that point in time for 2024,
[1:15:21] we submitted for additional funding and the amount of about another half
[1:15:25] million dollars and did receive that. Uh
[1:15:28] we then finished project for design
[1:15:30] permitting and then took it all the way
[1:15:32] out to bidding and received only one bid
[1:15:35] at the time uh which exceeded the amount
[1:15:37] of funds we had to bid.
[1:15:39] >> Uh at that point in time we went back to
[1:15:41] the state requested additional funds and
[1:15:43] that is why we're here today
[1:15:45] >> because the state has granted those
[1:15:46] additional funds. Yes sir.
[1:15:48] >> And in order to accept those funds it
[1:15:49] takes account.
[1:15:50] >> Yep. So today
[1:15:53] front of you a summary that I put
[1:15:55] together with what is offered to us in
[1:15:58] funding. It's $2 million 286,773.
[1:16:04] The total cost as of today is a little
[1:16:07] bit uh more but $79
[1:16:13] contribute that the combination of those
[1:16:17] funds as I mentioned there are loans but
[1:16:22] loan.
[1:16:24] I don't have details as of yet how
[1:16:27] that's being structured. Um what's the
[1:16:29] interest rates going to be? It's going
[1:16:30] to be all determined we will move
[1:16:34] forward with settlements and then
[1:16:37] interest rate that most likely will be.
[1:16:44] » Perfect. Thank you. Any questions for
[1:16:46] Natalie or Nick? I just um well first I
[1:16:48] wanted to say Natalie thank you for the
[1:16:49] staff work. This was very helpful
[1:16:51] breaking all these large numbers down
[1:16:53] for someone like me. So thank you. Um
[1:16:55] but just for um just for some clarity
[1:16:57] questions please for Nick. Um phase 1 A
[1:17:01] and phase 1B right. So
[1:17:05] phase 1B is bud and 1 A is
[1:17:11] >> correct.
[1:17:11] >> That's correct. Sorry. And then on the
[1:17:13] on from Natalie's thing and she she said
[1:17:15] it, but I just want to everyone out
[1:17:17] there the um the total 2.286
[1:17:23] what we will definitely be required to
[1:17:26] pay back is the 44%.
[1:17:29] And that the rest is what's forgiven.
[1:17:31] >> It's not fully forgiven. It's going to
[1:17:33] be given after several years of payment
[1:17:36] of the interest. So there will be cost
[1:17:38] associated with securing that law also
[1:17:42] settlement
[1:17:44] but the 1 million7
[1:17:48] will be count's responsibility to carry
[1:17:51] on water
[1:17:55] it
[1:17:58] thank you. Any other comments? If not
[1:18:00] we're going to open it up to the public.
[1:18:01] Anyone from the public that would like
[1:18:02] to address the mayor and council
[1:18:04] regarding motion 2026-48?
[1:18:08] Seeing none, we'll take action by the
[1:18:09] council.
[1:18:10] >> Motion to approve.
[1:18:11] >> A motion by council member Green.
[1:18:13] Second.
[1:18:13] >> Second by council member Nichols. All in
[1:18:15] favor say I. I.
[1:18:16] >> All oppose. Let the record reflect the
[1:18:18] motion 2026-48. Passes unanimously with
[1:18:21] vice president. Thank you, Nick. Thank
[1:18:23] you all.
[1:18:24] >> Thank you Natalie.
[1:18:26] Up next is agenda item five and that's
[1:18:29] town administrators report and
[1:18:30] departmental report
[1:18:34] of
[1:18:36] announcements.
[1:18:39] Uh the
[1:18:41] lost
[1:18:45] u Monday August 31st at 5:00 pm will be
[1:18:47] a planning commission work session
[1:18:49] regarding the plan update. Uh it is open
[1:18:53] to the public. It is a work session of
[1:18:54] the planning commission. No, not mayor
[1:18:57] and council.
[1:18:58] Um, and no, I don't have it on here.
[1:19:02] Monday, September 7th is Labor Day and
[1:19:05] town offices will be off.
[1:19:07] >> Thank you. I do also have one um while it is certainly no longer
[1:19:18] I do want to take this opportunity to
[1:19:21] publicly announce my retirement after 35
[1:19:23] years of service to the town. It has
[1:19:26] been both a pleasure and a privilege to
[1:19:28] serve this community and making the
[1:19:30] decision to retire has been a difficult
[1:19:31] one.
[1:19:36] my last official day of work be October
[1:19:38] 9th. I am proud of what I've
[1:19:41] accomplished during my time with the
[1:19:42] town and perhaps even more so the role I
[1:19:45] have played in building a strong
[1:19:47] foundation for Merlin's future.
[1:19:51] Over the years, I have not always seen
[1:19:52] eye to eye with every elected official
[1:19:54] I've worked with, nor every citizen, but
[1:19:57] I have always approached each issue with
[1:20:00] the same goal in mind, ensuring that
[1:20:02] Berlin continues to grow and thrive
[1:20:04] while keeping the best interests of its
[1:20:06] citizens, businesses, and visitors at
[1:20:09] the forefront. Sustainable policies and
[1:20:12] practices and resiliency for the future
[1:20:14] have always been foremost in the
[1:20:16] recommendations I have made and the
[1:20:18] actions that I have taken.
[1:20:20] My retirement is certainly bittersweet,
[1:20:22] but I know that it is the right decision
[1:20:24] for me at this point. I leave with a
[1:20:26] tremendous appreciation for the
[1:20:28] opportunity I've been given to serve
[1:20:30] this town and with nothing but the very
[1:20:32] best wishes for Berlin and its future.
[1:20:36] Most of all, I want to thank the
[1:20:37] dedicated professionals who work every
[1:20:39] day to make Berlin a safe, healthy,
[1:20:41] vibrant, and enjoyable place to live,
[1:20:43] work, and visit. It has been an honor to
[1:20:46] work alongside some of the talented and
[1:20:48] committed people.
[1:20:51] Thank you for allowing me the privilege
[1:20:52] of serving the town for the past 35
[1:20:54] years. I will always be proud to have
[1:20:57] been a part of this community and its
[1:20:59] story.
[1:21:07] Mary, when you say that that you're
[1:21:09] proud to be part of its story, I think
[1:21:12] you write a portion of that story
[1:21:14] yourself, starting as um someone working
[1:21:19] in customer service and admin and
[1:21:22] working your way all the way up to the
[1:21:23] top um paid profession uh in the town of
[1:21:27] Berlin, youth. I remember when you and I
[1:21:31] sat down and we had a vacancy in the
[1:21:33] town administrator's position and we
[1:21:36] were starting the search process. I
[1:21:37] said, "Mary, you've got a lot of
[1:21:39] institutional knowledge. You've got a
[1:21:41] lot that you bring to the table. Have
[1:21:42] you ever considered it?" And you were
[1:21:44] very modest. You're like, "No, let's I've served in that capacity.
[1:21:49] >> You've you've you've uh served in the
[1:21:51] acting capacity many times. uh and then
[1:21:57] you you accepted uh my request to be
[1:22:00] able to serve in this capacity and it's
[1:22:02] been an honor to work together. You're
[1:22:05] amazing at what you do. You uh have so
[1:22:08] much knowledge about the town of Berlin
[1:22:10] and I've loved every minute of it. So,
[1:22:13] thank you.
[1:22:15] All right. Anything from departmentals
[1:22:18] that are either in the packet or that
[1:22:20] any of you want to say?
[1:22:23] Okay. Seeing none, um, any comments from
[1:22:26] the council?
[1:22:28] >> Okay.
[1:22:29] >> Yeah.
[1:22:29] >> Or questions.
[1:22:30] >> Questions or
[1:22:31] >> either either way. I mean, we're going
[1:22:33] to go to council comments, but I'm just
[1:22:35] saying like for the departmental reports
[1:22:38] side. I haven't forgotten you all. I
[1:22:39] know. All right. Up next, agenda item
[1:22:42] six, comments from the public. Anyone
[1:22:43] from the public that would like to
[1:22:44] address the mayor and council may do so
[1:22:46] at this time.
[1:22:48] Okay. Seeing none, we'll move on to
[1:22:50] comments from the council. We'll start
[1:22:51] with council member.
[1:22:53] >> Mayor, I just want to say thank you for
[1:22:54] your many many years dedicated service
[1:22:58] your heart soul.
[1:23:03] » Council member Nichols,
[1:23:05] >> congratulations.
[1:23:07] A lot of this life has been
[1:23:12] intertwined with this town. A lot of the
[1:23:14] family history of your own
[1:23:17] title in this town. Congratulations to
[1:23:19] you and your family
[1:23:23] successfully
[1:23:24] made us enjoy the rest of your life.
[1:23:28] Congratulations.
[1:23:30] >> Thank you, Council Member Wars. Uh Mary,
[1:23:32] I also um want to offer my
[1:23:34] congratulations and
[1:23:38] thank you for all of your service to the
[1:23:41] brother. I I know I've only been working
[1:23:44] with you professionally this capacity
[1:23:47] for a short time in your career, but um
[1:23:50] I have truly enjoyed
[1:23:52] navigating.
[1:23:55] >> Council member Green,
[1:23:56] >> 35 years. Your emotions say it all. It
[1:23:59] means a lot to me. It's meaningful and I
[1:24:02] think the work
[1:24:04] a lot to be proud of for sure. Um when I
[1:24:08] was elected um actually when I decided
[1:24:10] to run I came and saw you and filed and
[1:24:12] asked you what the you know what makes a
[1:24:14] good council person and what makes a not
[1:24:16] so good council person and I took that
[1:24:18] to heart and meaningful advice that I
[1:24:22] try to keep in mind throughout this um
[1:24:24] journey. So u yeah thank you for
[1:24:26] everything you've done in town. We still
[1:24:27] have some work to do though. But wishing
[1:24:29] you all the best.
[1:24:31] >> You're not done until October,
[1:24:33] September.
[1:24:34] >> Not that anybody's counting.
[1:24:38] » Uh yes. Um I'm just I'm going to double
[1:24:41] dip real quick just some some questions.
[1:24:44] Um so I had brought up last month uh see
[1:24:49] if there was any appetite on discussion
[1:24:50] of data centers in Berlin and then any
[1:24:53] implications they may or may not have. I
[1:24:55] believe I sent I can't remember if it
[1:24:57] was to the group or maybe it was just um
[1:24:59] during count administration the counts
[1:25:03] uh past Morris for you. Um I I don't
[1:25:07] want to keep beating this if there's no
[1:25:09] interest on the group. Uh I I personally
[1:25:11] think we should be proactive but I'm
[1:25:12] just asking now if there's no interest
[1:25:15] in moving forward I would drop it. Um
[1:25:19] I guess to my I don't want to destro I
[1:25:22] guess I'm just trying to figure out how
[1:25:23] we codify it. Um, and if it's needed, I
[1:25:27] guess what your point is, you know, you
[1:25:29] don't sure if it's needed, right? You
[1:25:30] want to be proactive and reacting if
[1:25:33] there's application that comes through
[1:25:34] the plan,
[1:25:35] >> right? Well, I mean, just not technical,
[1:25:37] but it's just a discussion point. We
[1:25:38] were, I believe, I could be wrong, we
[1:25:40] were a little um taken back with the
[1:25:42] solar model and then there wasn't
[1:25:44] anything in the code to address it. So,
[1:25:46] we kind of well navigated that and made
[1:25:50] it work. But um this data centers is
[1:25:54] counties. I mean Maryland I I can bring
[1:25:57] you the information I got from Eastam.
[1:25:58] These other municipalities are drafting
[1:26:00] these um that can only be a year
[1:26:04] moratorum.
[1:26:05] Um so I I just think that
[1:26:09] I think it's something we should talk
[1:26:10] about.
[1:26:11] >> Are there any tracks of land within the
[1:26:13] town limits that are large enough to
[1:26:15] accommodate a date?
[1:26:16] >> Well, I mean it depends. Well, from what
[1:26:19] I've learned uh and I won't take up too
[1:26:20] much, but from what I've learned here,
[1:26:22] there's different types of data sets and
[1:26:24] that could affect the size of what they
[1:26:26] are,
[1:26:26] >> right? So, the the minimum I guess would
[1:26:29] be like 3 to 5,000 square feet up to
[1:26:32] whatever um
[1:26:34] >> data
[1:26:36] you could probably call the um little
[1:26:40] fiber shed that we have a data center.
[1:26:43] >> You know what I mean? you really could
[1:26:45] because it houses
[1:26:47] similar types of equipment, but it's not
[1:26:50] what you see in the newspaper as a data
[1:26:52] center,
[1:26:53] >> right? And and I'm not there are there
[1:26:55] are parcels in town that that are
[1:26:57] currently for sale that would commercial
[1:27:00] that would fit a center would fit it.
[1:27:05] >> What's the problem with the data center?
[1:27:07] Well, there are many state requirements
[1:27:09] too that that you can't just like pop
[1:27:11] one up as quickly as you can open a
[1:27:13] brick and mortar shop, right? Doing
[1:27:15] something else. There are a lot of
[1:27:18] >> Well, you might know, I believe you
[1:27:20] don't see about the names.
[1:27:22] >> We've had two data as they want to come
[1:27:25] to. How many are actually built? There's
[1:27:28] a reason for that because they they
[1:27:30] don't jive with who we are, what we are.
[1:27:33] They don't jive with us right now, but
[1:27:36] they may. We won't always be sitting
[1:27:39] where we sit.
[1:27:39] >> No, no, no. I'm saying they don't jive
[1:27:41] as in the way that they wanted to build
[1:27:43] it out, the requirements and all of
[1:27:45] those things for them wasn't a fit.
[1:27:47] >> So there's
[1:27:48] >> I mean I felt that way too but
[1:27:51] >> but they've never materialized.
[1:27:54] >> And so you say they went through their
[1:27:55] proposals.
[1:27:56] >> They've reached out and asked for
[1:27:58] guidance and they they didn't like the
[1:28:00] guidance. They never got to the stage
[1:28:02] formal
[1:28:03] >> proposal.
[1:28:04] >> I do think there's I personally I think
[1:28:06] there is
[1:28:07] >> I mean the town in any way
[1:28:12] infrastructure
[1:28:12] >> I don't know
[1:28:13] >> I really don't understand the whole
[1:28:14] thing about data centers just like I
[1:28:16] don't understand the opposition to the
[1:28:19] wind thing out there. So I I don't
[1:28:22] really have a comment. I just think that
[1:28:24] what Jack is saying really does
[1:28:27] bear some exploration, but it needs a
[1:28:29] lot more explanation
[1:28:31] and
[1:28:32] >> see what's the pros, what's the cons,
[1:28:34] >> not what everybody not what you read in
[1:28:36] the newspaper, not what you think you
[1:28:38] know or admit,
[1:28:40] >> but what what do we think is actually
[1:28:43] happening
[1:28:44] >> and I think it's a whole education
[1:28:45] process.
[1:28:46] >> It's a lot of environmental impact on
[1:28:48] native centers being on the media to
[1:28:51] Hawaii.
[1:28:53] environmental issues. It's a problem
[1:28:56] nationwide when the data center comes
[1:28:58] especially in the small community with a
[1:29:01] lot of disruption, a lot of generated a
[1:29:03] lot of noise, a lot of um noise.
[1:29:08] >> Yes. Um so
[1:29:10] to the point I think we do
[1:29:13] not
[1:29:15] kind of strict but something in
[1:29:20] so many communities not have it
[1:29:23] happening after the fact
[1:29:27] I just know maybe there are some
[1:29:28] isolated properties where those
[1:29:30] negatives would be less impactful but I
[1:29:33] don't know if you're in the town of
[1:29:34] Berlin it's hard I don't even know where
[1:29:35] the town values are really so they also
[1:29:37] draw significantly on uh public utility
[1:29:41] resources, electric and water,
[1:29:43] >> but the water is necessary to fuel the
[1:29:46] process.
[1:29:46] >> So maybe we don't have the kind of
[1:29:48] resources that it and that's as you just
[1:29:52] stated a second ago, not only do we need
[1:29:55] to have the conversations, but we also
[1:29:58] need to make sure that Berlin has a good
[1:30:00] understanding as to what these data
[1:30:03] center requirements are and what that
[1:30:05] could do to our infrastructure. I think
[1:30:08] the point of a moratorum gives you the
[1:30:10] opportunity to do that research and
[1:30:12] define things.
[1:30:13] >> Is that a state moratorum or
[1:30:15] >> the other side of that is too is that
[1:30:18] like we we haven't been idle to Jack's
[1:30:20] point that the association groups that
[1:30:24] we're part of are doing some of this due
[1:30:26] diligence. The state is doing some of
[1:30:28] this as well. Uh, Council Member Nur and
[1:30:30] I were just talking sidebar for a moment
[1:30:32] that the state has even passed that
[1:30:36] electric wise you have to be able to be
[1:30:38] self-sufficient. Water-wise, you have to
[1:30:40] not create an undue burden. So, there
[1:30:42] are things that are working, but it's
[1:30:45] kind of like uh cannabis and it's kind
[1:30:48] of like drones, you know what I mean?
[1:30:50] Like those are some things that have
[1:30:51] occurred recently where we keep an eye
[1:30:54] on them, but we didn't have a moratorum
[1:30:56] on cannabis. But the
[1:31:00] there are just things
[1:31:04] >> so uh Jack's bringing forward which
[1:31:06] isn't a bad thing a a discussion point
[1:31:08] of whether or not the town needs a
[1:31:10] moratorum on u data centers. Oh, I
[1:31:15] thought there was one place
[1:31:18] >> in the county and in other
[1:31:20] municipalities.
[1:31:21] >> Worester County has
[1:31:23] >> correct.
[1:31:24] >> Okay.
[1:31:24] >> The county is a little different
[1:31:27] municipality, but I'm just saying that
[1:31:29] like
[1:31:30] >> we are monitoring these things, but it's
[1:31:32] not a bad idea to discuss them. And what
[1:31:35] I'd like to do
[1:31:36] >> take the lead. Someone's got to take the
[1:31:37] lead.
[1:31:38] >> If I if I may. Thank you.
[1:31:41] >> You brought it up. Um uh since I I think
[1:31:44] there's at least one more week of which
[1:31:46] I can push this um uh one of our
[1:31:50] colleagues in EAN has developed a nice
[1:31:52] written out
[1:31:55] thing on forming their committee and
[1:31:57] drafting the right word is verbage and
[1:31:59] stuff like that. Why don't I also send
[1:32:01] that to the group and um I I can circle
[1:32:04] back at our next meeting.
[1:32:06] >> Why don't we put it as an item for
[1:32:07] discussion? Okay.
[1:32:08] >> At our next meeting that's great. Is it
[1:32:11] possible to get somebody in here to
[1:32:12] really help explain what they're all
[1:32:14] about find
[1:32:22] these unique session?
[1:32:25] » Yeah, I think like a note no more than a
[1:32:28] 10 minute like presentation.
[1:32:31] >> I will tell you that the September 14th
[1:32:33] agenda this year
[1:32:33] >> it's going to be pretty big. very well.
[1:32:37] >> Can I can I sign for the next one then?
[1:32:39] >> Yeah, I have one in September.
[1:32:45] » Thank you.
[1:32:46] >> You okay with that?
[1:32:49] >> All right, let's see what else.
[1:32:53] » All right, so then we'll move on to
[1:32:54] comments from the mayor um mayor's
[1:32:58] office. The one thing leading into our
[1:33:01] next discussion, uh, we had talked about
[1:33:04] the auxiliary dwelling unit stuff. I
[1:33:06] think Kate sent that to everybody to put
[1:33:08] it on your radar, but the first meeting
[1:33:10] in September the 14th, we will have a
[1:33:12] work session with the planning
[1:33:14] commission like we did before to discuss
[1:33:17] our
[1:33:19] ideas and and a draft ordinance of
[1:33:23] auxiliary dwelling units. It's probably
[1:33:25] going to be a little bit like the fire
[1:33:27] pits where we are going to meet,
[1:33:29] discuss, there might be a markup and
[1:33:32] then a first reading of that markup. Uh
[1:33:34] during the 14th meeting, we will try to
[1:33:38] get some consensus around what that
[1:33:40] would look like and then hold a public
[1:33:41] hearing on the second meeting in
[1:33:44] September so that we meet the deadline
[1:33:46] of October 1st for having something on
[1:33:48] the books. So just as an FYI, keep that
[1:33:52] on your calendar. So the public comment
[1:33:54] for all those people out in the nursing
[1:33:56] road public comment is not going to be
[1:33:59] September 15. Public comment will be
[1:34:02] September 20 whatever.
[1:34:05] >> So when they come on September 14th you
[1:34:09] listen not to interject.
[1:34:11] >> Well
[1:34:12] >> right at well so the public hearing will
[1:34:15] be on the 28th of September. The public
[1:34:19] of course can comment but during during
[1:34:22] public comment time.
[1:34:23] >> Okay. I'm asking
[1:34:24] >> and the work session will not have
[1:34:26] public comment time.
[1:34:29] >> The work session. Say that one more
[1:34:30] time.
[1:34:31] >> The work session of the maring council
[1:34:33] and the planning commission will not
[1:34:34] have public comment
[1:34:35] >> on the 14th. Which is right. Correct.
[1:34:37] >> And then on the 14th, we will have the
[1:34:39] introduction and first reading of the
[1:34:42] ordinance that was a topic of discussion
[1:34:46] and included in all the packets and
[1:34:48] everything for the work session. And
[1:34:51] then there will be the opportunity for
[1:34:53] comment always at the end of our meeting
[1:34:56] uh for public comment on the 14th where
[1:34:58] the public may address any item
[1:35:01] including that item and then a public
[1:35:03] hearing will be held on the 28th.
[1:35:07] All right, let's see up next comments
[1:35:10] from the press. Okay, so we are now item
[1:35:14] 10 which is a jouring into close
[1:35:16] session. So you want to read
[1:35:20] >> uh I think that would be wise. Yes, give
[1:35:22] me one second.
[1:35:24] >> Give me one second. Let me find my
[1:35:28] state.
[1:35:29] Do I have a copy of that?
[1:35:34] if not
[1:35:39] my book, but I like to have my little
[1:35:41] sheet just in case somebody gets
[1:35:44] >> Okay, so um we would like a motion to go
[1:35:48] into close session uh to adjourn into
[1:35:50] close session. The statutory authority
[1:35:52] for the closed session would be under
[1:35:54] the general provisions article 3-305
[1:35:57] item B one to discuss the discuss the
[1:36:01] appointment employment assignment
[1:36:04] promotion discipline demotion
[1:36:05] compensation removal resignation or
[1:36:08] performance evaluation of appointees
[1:36:10] employees or officials over whom this
[1:36:12] public body has jurisdiction or any
[1:36:14] other personnel matter that affects one
[1:36:16] or more specific individuals. Before we
[1:36:19] take the motion to go into close uh to
[1:36:22] adjourn our regular meeting and go into
[1:36:24] close session, does anybody in
[1:36:26] attendance have an objection to the
[1:36:28] mayor and council going into close
[1:36:29] session? Seeing none, we have to ask. So
[1:36:33] if you go back to all of them, we always
[1:36:34] ask.
[1:36:35] >> Make a note when you go back into public
[1:36:37] session.
[1:36:37] >> Thank you, Mary. See, sure you want to
[1:36:39] return. Um we will return to the public meeting
[1:36:45] uh on Monday, September 14th at 6:00
[1:36:50] p.m. So now we'll take a motion to
[1:36:52] adjourn and slow down.
[1:36:54] >> Motion by council member Oris, a second
[1:36:56] by council member Nur. All in favor say
[1:36:57] I.
[1:36:58] >> All oppose. Let the record reflect the
[1:37:00] vote unanimous. Would like favor abs.
[1:37:02] Thank you all. Three perch chance.