On the agenda: Berlin Public Meeting Packet — data center (Aug 10)

MAYOR AND COUNCIL
Meeting Agenda
Worcester County Library – Berlin Branch
13 Harrison Ave
Monday, August 10, 2026

6:00 PM

CALL TO ORDER, REGULAR SESSION – Worcester County Library – Berlin Branch, 2nd Floor

1. 6:05 PM

APPROVAL OF MINUTES: - Mayor Zack Tyndall (Strategic Plan: DS1)
a) Regular Session Minutes of 7.27.26
b) Closed Session Minutes of 7.27.26

2. 6:10 PM

DISCUSSION: Commercial Trash Collection Service – Public Works Director Jimmy Charles
(Strategic Plan: DS3)

3. 6:40 PM

FIRST READING: Ordinance 2026-06: Amending Chapter 16, Entitled Fire Prevention and
Protection, Article II, Entitled Outdoor Burning – Acting Planning Director Ryan Hardesty &
Town Administrator Mary Bohlen (Strategic Plan: DS2, AS2)

4. 6:50 PM

PUBLIC HEARING: Ordinance 2026-05: Amending Sections of Chapter 28, Streets,
Sidewalks, and Certain Other Public Places (First Reading on Monday, July 27, 2026) –
Town Administrator Mary Bohlen (Strategic Plan: DS5, AS5)

5.

ITEM(S) FOR APPROVAL:

7:00 PM

A public comment period will now be offered after discussion by the Mayor and Council for each Item for Approval. Any
person who may wish to speak will be given two (2) minutes or such time as may be deemed appropriate by the Mayor.

a)
b)
c)

Motion 2026-46: Sidewalk Cost-Sharing Program – Town Administrator Mary Bohlen
(Strategic Plan: DS3, AS5)
Motion 2026-47: Approving RFP 2026-07 Bottle Branch Sewer Lining – Water Resources
Director Jamey Latchum (Strategic Plan: DS3, AS3)
Motion 2026-41: Approval of Town Hall Renovation Furniture – Mayor Zack Tyndall &
Architect Daniele Haley (Strategic Plan: DS1)

6.

7:30 PM

REPORT(S): Town Administrator’s Report, Departmental Reports
(Strategic Plan: DS1, DS4)

7.

7:35 PM

COMMENTS FROM THE PUBLIC (Strategic Plan: DS4; DS5)

Anyone wishing to speak during COMMENTS FROM THE PUBLIC at the Regular Session may do so for up to five (5)
minutes or as determined by the Mayor. Please state your name, street, and the subject you wish to address.

8.

7:45 PM

COMMENTS FROM THE COUNCIL

9.

7:50 PM

COMMENTS FROM THE MAYOR’S OFFICE

10. 7:55 PM

COMMENTS FROM THE PRESS

11. 8:00 PM

ADJOURNMENT

To access the Meeting via Facebook, please click the blue Facebook icon at the top of any page on www.berlinmd.gov, or type @townofberlinmd
in the Facebook search bar. QR code links to online packet and Strategic Plan. Anyone having questions about the meetings mentioned above or
needing special accommodations should contact Town Administrator Mary Bohlen at (410) 641-2770. Written materials in alternate formats for
persons with disabilities are made available upon request. TTY users dial 7-1-1 in the State of Maryland/outside Maryland dial 1-800-735-2258.

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Agenda Item 1 a
Reg. Session 07.27.26

BERLIN MAYOR AND COUNCIL
Meeting Minutes
Monday, July 27, 2026

6:00 PM

REGULAR SESSION – Worcester County Library – Berlin Branch

Present: Mayor Zackery Tyndall (arrived late), Vice President Dean Burrell, and Councilmembers Steve
Green, Jay Knerr, Shaneka Nichols, and Jack Orris.
Staff Present: Town Administrator Mary Bohlen, Town Attorney David Gaskill, Finance Director Natalie
Saleh, Human Resources Director Kelsey Jensen, Director of Public Works Jimmy Charles, Chief of Police
Howard Drewer, Acting Planning Director Ryan Hardesty, Mayor’s Executive Assistant Sara Gorfinkel, and
Associate Town Administrator Kate Daub.
This meeting was also broadcast live via Facebook. Following a brief moment of silence followed by the
Pledge of Allegiance, Vice President Burrell called the meeting to order at approximately 6:00 PM.
1. Approval of Minutes: Regular Session Minutes of 07.10.26 – Mayor Tyndall (Strategic Plan: DS1)
In Mayor Tyndall's absence during the approval of the minutes, Vice President Burrell conducted the
vote.
On the motion of Councilmember Green, seconded by Councilmember Orris, the Regular Session
Minutes of 07.10.26 were approved by the following vote:
Name

Counted toward
Quorum
Aye
No Abstain
Recused Absent
*Dean Burrell, VP
X
Steve Green
X
Jay Knerr
X
Shaneka Nichols
X
Jack Orris
X
Voting Tally
4
1
*As presiding official, Council Vice-President Burrell did not vote.
2. Presentation: Berlin Fire Company and Fire Company Emergency Medical Services Quarterly Report –
President David Fitzgeral and Fire Chief Andy Grunden
Fire Chief Andy Grunden presented the Fire Department's operational report for January 1 through
June 30, reviewing emergency response statistics, operational trends, volunteer activity, financial
performance, and long-term capital planning. Chief Grunden reported that the department
responded to 87 in-town fire calls and 145 out-of-town calls during the reporting period,
representing an increase of approximately 30 calls compared with the same period last year. Year-todate totals included 161 in-town calls and 271 out-of-town calls, with the distribution between in-

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town and mutual-aid responses remaining generally consistent with the prior year. He noted that
Sundays were the busiest day of the week, followed by Fridays, while the busiest response period
occurred between 3:00 and 4:00 p.m., with 8:00 to 9:00 p.m. ranking second. Chief Grunden
emphasized that these patterns are statistical observations only and that no specific cause has been
identified for the higher activity during those times. He further reported that the department
experienced 45 instances of two simultaneous fire or rescue incidents and five instances involving
three simultaneous incidents, noting that overlapping emergency calls continue to occur with
unusual frequency in Berlin despite no clear explanation.
Chief Grunden said the average response time improved to 2 minutes and 59 seconds, compared
with 3 minutes and 31 seconds during the same period last year, and attributed the improvement
primarily to increased experience and efficiency among county communications center dispatch
personnel rather than operational changes within the department. Chief Grunden reported that
volunteers recorded 3,308 hours during the first six months of the year and 6,092 hours year-todate, approximately 300 hours more than the previous year. He emphasized that these figures do
not fully reflect the department's volunteer contributions because many administrative duties,
meetings, and officer and board activities are not captured in the electronic time-tracking system.
Financially, President Fitzgerald said there were no significant revenue concerns during the reporting
period. He said the department continues to receive occasional questions from newer residents
regarding its annual fundraising campaign, reflecting unfamiliarity with the volunteer fire
department funding model. He also said that event parking revenue increased by approximately
$500 over the previous year. On the expense side, he said the department incurred significant costs
related to winter heating system repairs following failures of aging heat exchangers. He added that
approximately $50,000 has been budgeted this year to replace the remaining original infrastructure.
He also said vehicle maintenance costs increased due to the aging apparatus fleet. Despite
approximately $40,000 in unanticipated heating and vehicle maintenance expenses, he said the
department remained within its approved budget through savings realized in other areas.
Mayor Tyndall joined the meeting at 6:12 PM.
Regarding EMS operations, Chief Grunden said the department responded to 643 in-town and 445
out-of-town calls during the first six months of the reporting period, with year-to-date totals of 1,323
in-town and 932 out-of-town responses. He said crews completed 511 patient transports and 132
non-transports during the six-month period, with approximately 80% of calls resulting in transport.
Year-to-date, he said EMS completed 968 transports and 355 non-transports, with about 73% of
responses requiring transport.
He said Mondays and Wednesdays were the busiest days for EMS calls, with peak activity occurring
between 11:00 a.m. and noon and again from 1:00 to 2:00 p.m. Although those trends were
somewhat unexpected, he said turnout times remained well within national standards, averaging 1
minute and 42 seconds during the reporting period compared with 1 minute and 20 seconds the
previous year. Addressing simultaneous EMS calls, he said current reporting software cannot

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accurately track overlapping incidents because dispatch records remain tied to the initially assigned
ambulance even when crews switch vehicles to balance fleet usage.
Responding to council questions, he said simultaneous emergencies require constant reassignment
of personnel and apparatus based on incident severity, with mutual aid frequently supplementing
available resources. He added that longer ambulance transports to TidalHealth Hospital in Salisbury
further reduce unit availability and have been a significant factor driving the department's gradual
increase in career staffing over the years.
Financially, President Fitzgerald said there were no significant concerns during the six-month
reporting period. He said EMS billing revenue increased through improved collection efforts, while
operating expenses rose because of higher fuel costs, aging ambulances, increased medical supply
prices, technology expenses, and personnel costs. Although vehicle maintenance exceeded budget
by approximately $21,400, he said those overruns were less severe than those experienced by the
fire department.
Discussing long-term capital planning, President Fitzgerald said a new 2025 ambulance had been
placed into service and that future replacements scheduled for 2027 and 2029 remain difficult to
price because manufacturers cannot accurately project future chassis costs. He noted that the
recently delivered ambulance cost approximately $463,000 and said the department must continue
planning years in advance to maintain its replacement schedule, with ongoing financial support from
the town likely remaining necessary.
During council discussion, Chief Grunden said ambulances routinely respond to fire incidents, while
fire apparatus is dispatched to medical calls only when additional assistance is warranted. He also
said reliable local fuel suppliers remain essential despite rising prices and warned that ambulance
costs have nearly doubled over the past six years. President Fitzgerald added that the department
redesigned its annual fundraising mailing to better explain growing operational costs and encourage
donations while noting that parking donation revenue continues to depend largely on weather and
voluntary public contributions.
3. First Reading: Ordinance 2026-05: Amending Sections of Chapter 28, Streets, Sidewalks, and Certain
Other Public Places (Public Hearing on Monday, August 10, 2026) – Town Administrator Mary Bohlen
Mayor Tyndall introduced the first reading of Ordinance 2026-05, which proposed revisions to
Chapter 28 governing streets, sidewalks, and certain public places. Town Administrator Mary Bohlen
said the ordinance primarily updates existing town code by clarifying notice requirements,
enforcement procedures, and the town's longstanding sidewalk cost-share program rather than
creating new policy.
During preliminary discussion, Ms. Bohlen said staff recommended retaining the existing 50-50 costsharing arrangement for residential sidewalk repairs while suggesting a possible 75-25 split for
commercial properties. She also said participation in the program would remain subject to annual

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Reg. Session 07.27.26

budget appropriations and encouraged property owners to confirm funding eligibility before
beginning repairs.
Councilmember Green said it is his understanding that many property owners may be unaware they
are responsible for maintaining adjacent sidewalks but noted that he had researched the matter and
found that this was common in municipalities. Ms. Bohlen responded that the responsibility has
existed in the town code since at least 1994 and noted the current budget includes $20,000 for the
cost-share program after several years without dedicated funding. Councilmember Orris proposed
using sidewalk grinding to address trip hazards where practical, although Public Works Director Mr.
Jimmy Charles said grinding is only feasible for minor elevation changes that remain ADA compliant
and is not suitable for more significant damage.
Councilmember Nichols asked for clarity concerning homeowners’ associations and their
applicability to the proposed cost-share program. Town Attorney David Gaskill explained that
maintenance responsibilities vary depending on each HOA's governing documents, with some
associations responsible for common-area sidewalks and trees while others assign responsibility to
individual property owners. Representatives from the Walnut Hill community, including Mr. Ron
Cascio, were present at the meeting and said the subdivision's streets, sidewalks, trees, and related
infrastructure were accepted by the town after construction and questioned why residents should
now share the cost of repairing sidewalks they believe are publicly owned. He said the HOA has
continued maintaining common areas and trees despite believing the infrastructure belongs to the
town. Mr. Gaskill indicated that he had located documentation that suggested that the sidewalks
may not be included in the Town’s responsibility; it was agreed that further clarification was needed.
Mr. Charles added that replacing sidewalks without addressing underlying tree roots would likely
lead to recurring damage. He noted that long-term solutions may require removing problematic
trees, replacing them with less invasive species, or redesigning sidewalk construction methods to
better accommodate root growth. He also explained that several sidewalks have shifted too
extensively to be corrected through grinding alone and that ADA requirements often necessitate
reconstructing multiple sidewalk panels rather than repairing isolated sections. Ms. Bohlen said that
estimated costs for the Walnut Hill repairs ranged from $25,000 to $30,000, an amount that would
nearly exhaust the town's annual sidewalk repair allocation.
Councilmember Knerr revisited the proposed enforcement procedures and questioned whether the
ordinance's 20-day compliance period for hazardous sidewalk repairs was realistic. He noted that
obtaining contractor estimates and scheduling concrete work often takes considerably longer. Acting
Planning Director Ryan Hardesty suggested revising the ordinance to require property owners to
either correct the hazard or secure repair services within the compliance period. Councilmember
Knerr also supported extending the minimum compliance period to provide greater flexibility for
weather-related and construction delays and recommended waiving permit fees for qualifying
sidewalk repairs.
Mayor Tyndall led a discussion on options for accommodating property owners who could not
immediately afford required sidewalk repairs. Rather than attempting to define financial hardship,

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the Council favored allowing a one-time, case-by-case deferral of up to 12 months while preserving
the property owner's ultimate responsibility to complete the repairs. Ms. Bohlen said she would
revise the proposed ordinance to establish a structured deferral process that provides flexibility
without permitting indefinite postponements. The Council then reviewed proposed language
authorizing the Town to require the construction of new sidewalks when necessary to protect public
safety. Councilmember Knerr expressed concern that the provision appeared to grant the code
enforcement officer broad discretion in making such determinations. Ms. Bohlen explained that
these decisions would remain subject to supervisory review and could be appealed to the Housing
Board of Review.
Resident Ms. Marie Velong read a prepared statement urging the town to assume full responsibility
for sidewalk maintenance and repairs, emphasizing that sidewalks are public infrastructure best
managed through a coordinated municipal program rather than by individual property owners. She
said a centralized approach would improve consistency, enhance public safety, reduce liability, and
better position the town to pursue state and federal grant funding. She also recommended including
a hardship provision for residents unable to afford required repairs. Mayor Tyndall acknowledged
her comments but noted that any expansion of the town's maintenance responsibilities would
depend on available funding. Ms. Bohlen added that determination of priorities in completing
repairs would require a comprehensive, townwide sidewalk assessment, which would be a costly
undertaking.
Before concluding the discussion, Mayor Tyndall summarized the Council's consensus to revise the
proposed ordinance by extending compliance deadlines, allowing compliance through the
procurement of repair services, eliminating permit fees for sidewalk repair work, and establishing a
one-time, case-by-case deferral of up to 12 months. He said staff would also prepare revisions to the
section governing new sidewalk construction requirements before the ordinance returns for further
consideration.
4. FY26 Year-End Financial Highlights – Finance Director Natalie Saleh
Finance Director Natalie Saleh presented a preliminary overview of the Town's Fiscal Year 2026
finances, emphasizing that the figures reflected only a snapshot as of June 30th and would change as
additional revenues were received, invoices processed, and year-end audit adjustments completed.
She explained that because of the Town Hall relocation to the Visitors Center during renovations and
other operational priorities, staff did not prepare the customary mid-year financial review, making
the presentation a high-level update rather than a final accounting.
Beginning with the General Fund, Ms. Saleh said the FY2026 budget totaled approximately $17
million, including about $2.8 million in anticipated loan proceeds for the Public Works Facility and
roughly $3.8 million in reserve transfers for unfinished FY2025 projects and capital improvements.
She explained that current revenues appear lower than budget because reserve transfers, financing
sources, grant reimbursements, and some tax revenues have not yet been fully recognized. She
added that expenditures are also well below budget because nearly $7 million in capital projects
remain incomplete, noting that only about $1.5 million of the $8.3 million capital budget had been

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Reg. Session 07.27.26

spent. As a result, she cautioned that the current positive net change should not be interpreted as
the Town's final year-end surplus.
Ms. Saleh reviewed General Fund revenues, explaining that property taxes remain the Town's largest
revenue source, supplemented by grants, reserve transfers, and other miscellaneous revenues. She
also described the various fund balance classifications, noting that non-spendable balances have
declined significantly, restricted and committed funds remain dedicated to specific purposes, and
assigned balances largely reflect capital projects that have been authorized but not yet completed.
She said approximately $11 million of the General Fund currently consists of assigned, restricted, or
committed funds. She further explained that public safety continues to represent the Town's largest
operating expenditure, followed by general government and departmental operations, while debt
service is expected to increase as financing for the Public Works Facility progresses.
Turning to the Electric Utility Fund, Ms. Saleh said the preliminary negative balance should not cause
concern because reserve transfers, bond proceeds, and reimbursements associated with the
Automated Metering Infrastructure (AMI) project have not yet been recorded. She reported that
electric revenues were slightly below projections because anticipated development did not generate
the expected increase in electrical demand, while purchase power costs increased substantially due
to rising electricity prices. She noted that the Town completed its multi-year AMI smart metering
project, eliminating manual meter reading and modernizing utility operations through additional
equipment and vehicle purchases.
Mayor Tyndall observed that the Electric Fund's operating margins have steadily narrowed as
inflation and rising operating costs have outpaced customer rates. He said the budget already
includes funding for a comprehensive electric rate study that will be necessary before pursuing
future rate adjustments through the Public Service Commission. Ms. Saleh agreed, explaining that
long-term power forecasting has become much more difficult because of volatile energy markets
and increasing regulatory requirements. She said the Electric Fund recently experienced its first
negative operating result in many years as the costs of purchased power, equipment, replacement
parts, and routine maintenance continued to rise.
Discussing the Water Fund, Ms. Saleh explained that its preliminary deficit primarily reflects the
timing of grant and forgivable loan reimbursements for the federally mandated lead service line
inventory and replacement program rather than poor operating performance. She added that
ordinary operating revenue remains close to budget expectations. She said the Sewer Fund also
shows a modest preliminary deficit because of lower-than-expected sewer service revenues and
connection fees but remains in sound financial condition and is expected to finish close to budget
after year-end adjustments. Ms. Saleh also reviewed ongoing utility capital projects, including water
capacity planning, water tower improvements, completion of the smart metering project, lead
service line replacement, sewer pump station improvements, sewer infrastructure investments, and
equipment purchases.
Mayor Tyndall said the new smart metering system creates an opportunity to conduct
comprehensive water and sewer rate studies, including evaluating a transition from billing customers

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Reg. Session 07.27.26

by the thousand gallons to billing by individual gallons consumed. He said a more precise billing
structure could better promote water conservation while ensuring the utilities recover their actual
operating costs. Ms. Saleh confirmed that planning for the utility rate studies has already begun.
Ending with the Stormwater Fund, Ms. Saleh said both revenues and expenditures remain below
budget because relatively few capital projects have advanced. She noted that Hudson Branch storm
drain improvements and flood mitigation projects remain underway but reported no other
significant updates.
5. Items for Approval:
a) Motion 2026-41: Approval of Town Hall Renovation Furniture – Mayor Zack Tyndall & Architect
Daniele Haley
Mayor Tyndall announced that the proposed Town Hall furniture presentation had been
postponed until the August 10, 2026, meeting.
b)

Motion 2026-44: MDOT 3-Year Salt Agreement – Town Administrator Mary Bohlen & Public
Works Director Jimmy Charles
Ms. Bohlen explained that the agreement was the same as those the Town has participated in for
many years. Although it authorizes purchases of up to $45,000, she noted that the Town has
historically spent considerably less, including approximately $11,000 over the past three years
despite several winter storms.
Councilmember Orris asked for clarity about the advantages of traditional road salt versus liquid
brine pretreatment. Mr. Charles explained that while liquid brine can reduce material costs under
certain conditions, implementing that approach would require specialized application equipment
costing approximately $30,000 per truck. Given the Town's existing fleet of multiple salt trucks,
along with an additional truck expected to enter service, Mr. Charles said it remained more
practical and cost-effective to continue using conventional salt spreading. He also noted that road
salt offers greater operational flexibility because it can be applied under a wider range of weather
conditions.
Before the vote, Ms. Bohlen noted that a clerical error identifying "Caroline" County instead of
“Town of Berlin” had already been corrected in the final agreement.
On the motion of Councilmember Orris, seconded by Councilmember Nichols, Motion 2026-44:
MDOT 3-Year Salt Agreement, was adopted by the following vote:
Name
Counted
toward
Quorum
Aye
No Abstain
Recused Absent
Dean Burrell, VP
X
Steve Green
X
Jay Knerr
X

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Reg. Session 07.27.26

c)

Shaneka Nichols
X
Jack Orris
X
Voting Tally
5
Motion 2026-45: DBF Proposal Heron Park Access Road Design and Permitting
Mayor Tyndall explained that the engineering services proposal would advance the Heron Park
access road from a conceptual design to a more construction-ready stage. He said the additional
work would establish final roadway elevations and ensure the public roadway properly connects
with the adjoining private development before construction begins.
Ms. Bohlen noted that the proposal also addressed curb-cut design responsibilities. Under the
existing development agreement, she said the developer, not the Town, is responsible for
engineering costs associated with curb cuts connecting the private development to the public
roadway. She recommended maintaining that arrangement, estimating the related engineering
work at approximately $5,000, so that taxpayers would not bear costs benefiting the private
development.
The Council then discussed language excluding stormwater management design from the
engineering proposal. In response to questions about responsibility for stormwater planning
and permitting, Mayor Tyndall explained that while the developer's engineering team is
responsible for designing stormwater infrastructure within the development of parcel 57, the
Town's consulting engineer, EA Engineering, must independently review those plans to verify
compliance with municipal standards before construction proceeds. He emphasized that any
additional engineering coordination required solely because of the private development should
remain the developer's responsibility rather than a taxpayer expense. He added that the Town
has proposed several approaches to resolve outstanding issues while continuing to work
cooperatively with the developer.
Mr. Palmer Gillis with Coastal Ventures Properties was present at the meeting on behalf of the
development team and responded that they had already revised the stormwater design after
receiving comments from the Town and EA Engineering several weeks earlier. He explained that
the original plans discharged runoff to several locations, including town-owned drainage
infrastructure, but the revised design now directs all stormwater to an existing drainage ditch
serving the area. He said Worcester County Soil Conservation had approved the revised
stormwater concept and that EA Engineering was completing its final review. Mayor Tyndall
acknowledged those revisions but reiterated that the Town would continue relying on EA
Engineering's professional recommendations before accepting the final design.
The discussion then shifted to roadway elevations and curb-cut responsibilities. Mr. Gillis
confirmed that its engineers would prepare the curb-cut designs at the developer's expense and
submit them to DBF Engineering for review and approval. Mayor Tyndall explained that the
Town's engineers have consistently advised that the public roadway must establish the
controlling elevations for construction, with the adjoining private development designed to
match the finished roadway rather than requiring future modifications to public infrastructure.

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Mr. Gillis agreed that roadway control elevations were appropriate and said its engineers and
DBF Engineering had already exchanged control-point information, although they expressed
some confusion because they believed DBF already possessed the necessary survey information.
The discussion concluded with both parties continuing to clarify engineering responsibilities and
coordination procedures before final approval of the roadway design.
As the discussion concluded, Mayor Tyndall reiterated that although the Town's engineers and
the developer's consultants had already coordinated extensively, formal approval of DBF
Engineering's proposal was necessary to advance the access road to the next stage of
engineering design. He again emphasized that, consistent with the development agreement, any
engineering costs attributable to the developer's obligations should continue to be paid by the
developer rather than Berlin taxpayers.
Mr. Gillis said he hoped to reach final settlement on the property the following week despite a
few remaining subdivision plat issues. Mayor Tyndall responded that both parties had worked
diligently to address the concerns previously identified by the Town's Legal Consultant, Emily
Morris. He said the developer had provided the requested financing documentation and obtained
Worcester County Soil Conservation approval, while the Town was awaiting a final response from
legal counsel following her return from vacation. He expressed optimism that the parties were
making steady progress toward settlement.
Mr. Gillis also noted that the development team had represented for some time that the access
road was in the design phase and hoped the Council would approve the additional engineering
funding. Mayor Tyndall clarified that the term "design" encompasses multiple phases, including
conceptual, preliminary, and construction-ready engineering. He explained that the Town had
already completed the conceptual design required under the development agreement and that
the proposed work would advance the project by establishing final roadway elevations and other
construction-ready details. He added that it would be unreasonable to expect the developer to
continue advancing its project while the Town delayed the engineering needed to ensure the
public access road properly connects with the private development.
On the motion of Councilmember Knerr, seconded by Vice President Burrell, Motion 2026-45: DBF
Proposal Heron Park Access Road Design and Permitting, was approved by the following vote:
Name
Counted
toward
Quorum
Aye
No Abstain
Recused Absent
Dean Burrell, VP
X
Steve Green
X
Jay Knerr
X
Shaneka Nichols
X
Jack Orris
X
Voting Tally
5

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Reg. Session 07.27.26

6. Reports: Town Administrator’s Report, Departmental Reports (Strategic Plan: DS1; DS4)
Mr. Charles reported that Public Works has monitored commercial trash service behind 410 Social
for the past six months and found that the business consistently generates more waste than its onceweekly collection service can accommodate. Although the business pays for one weekly pickup, he
said Town crews have routinely provided a second collection because all 11 dumpsters overflow
before the scheduled Monday pickup, creating litter, operational challenges, and additional labor
costs. After repeated discussions with the customer, who requested more dumpsters rather than
increased service, Mr. Charles said it was his recommendation to either return to the contracted
once-weekly schedule or require the business to pay for the additional collection it is already
receiving.
Mayor Tyndall questioned whether the Town should continue providing a level of commercial
sanitation service beyond what the municipal system was designed to handle, suggesting the
business may ultimately need to contract with a private waste hauler. Mr. Charles recommended a
transition period through the end of August if that option is pursued.
Following discussion, consensus was to postpone action until the affected businesses could attend
the August 10th meeting to discuss possible alternatives. During the discussion, Mayor Tyndall
directed staff to calculate the average weight and disposal costs of commercial collections, noting
that any future commercial rates should fully recover the Town's collection and landfill expenses.
7. Comments from the Public (Strategic Plan: DS4; DS5)
Resident Nick Rigopoulos raised issues of recurring neighborhood concerns, beginning with
longstanding drainage problems affecting his property. He urged the Town to pursue a more
comprehensive stormwater management strategy to reduce flooding and prevent private properties
from serving as de facto detention areas during heavy rains. Mr. Rigopoulos suggested holding a
formal community grievance meeting where residents could discuss recurring concerns collectively
rather than individually during Council meetings. He also encouraged the Town to remain mindful of
conflict-of-interest and employment requirements, apply hardship provisions with appropriate
flexibility, and continue supporting programs such as the sidewalk cost-sharing initiative while
balancing consistency with reasonable accommodations.
Resident Mary Hedlesky asked two questions regarding the Town's Financial Highlights. First, she
sought clarification on engineering costs shown in the Stormwater Fund capital project summary,
noting that her review of engineering invoices dating back to 2024 reflected higher totals than those
presented. Ms. Saleh explained that the presentation included only expenditures from the current
fiscal year, not cumulative project costs, which accounted for the difference. Ms. Hedlesky also
asked why Town credit card statements had not been posted since early June. Ms. Saleh explained
that the Town is transitioning between fiscal years and that the credit card billing cycle spans both
fiscal periods. She said staff must manually allocate transactions between fiscal years before the
statements can be published, resulting in a temporary delay.

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Resident Marie Velong again raised concerns about the lack of trash receptacles in one of the Town
parks, noting that bins previously located near the pond and flagpole had been removed. Mr. Charles
responded that the Town is purchasing five new dog waste stations equipped with bag dispensers
and disposal containers.
8. Comments from the Council
Councilmember Knerr asked if there was an update regarding the speed camera program. He noted
that the Council had not received a report for some time and requested updated information on
both enforcement activity and revenue generated by the program. Police Chief Howard Drewer
responded that the requested information had already been compiled but was not included on the
meeting agenda. He stated that the data was available for distribution.
Mayor Tyndall suggested that the report first be distributed electronically to all Councilmembers for
their review. He further recommended scheduling a more comprehensive presentation at a future
meeting, explaining that additional related work is currently underway and that it would be more
beneficial to present the speed camera statistics as part of a broader discussion rather than as a
standalone update.
Councilmember Nichols revisited the issue of roadside ditch maintenance after observing drainage
conditions throughout the area. She said that both Town and County drainage ditches appeared
overgrown and inadequately maintained, while some roadside ditches maintained by the Maryland
State Highway Administration appeared to receive more consistent vegetation management. She
asked whether the Town could pursue a partnership or formal agreement with another
governmental agency, such as the State Highway Administration, to improve ditch maintenance
within Berlin.
Mayor Tyndall responded that the Town has recently received numerous inquiries from residents
asking whether Town staff would begin maintaining roadside drainage ditches that have historically
been the responsibility of adjacent property owners. He said he had intentionally delayed providing a
definitive response because he wanted policy direction from the full Council before establishing a
consistent position. Mayor Tyndall reminded the Council that staff had previously provided cost
estimates demonstrating the significant financial impact of assuming responsibility for widespread
ditch maintenance. He asked the Council whether it wished to continue advising residents that ditch
maintenance remains the responsibility of the adjoining property owner or whether it wanted to
consider assuming some level of maintenance despite the associated costs.
Mr. Charles clarified that State Highway generally maintains its roadside ditches through vegetation
control practices and, in some cases, by utilizing specialized contractors with mechanical mowing
equipment. He stated that the Town currently owns equipment with a limited reach and that
Stormwater Department staff have been using it to maintain certain Town-owned drainage facilities.
Vice President Burrell asked why the Town's existing equipment could not also be used to maintain
additional drainage ditches throughout the community.

8.10.26 M&C Packet_pg.12 of 56

Reg. Session 07.27.26

Returning to the policy discussion, Mayor Tyndall requested guidance from the Council on how staff
should respond to residents seeking assistance with privately owned drainage ditches. Vice President
Burrell stated that the Town should begin exploring ways to provide greater maintenance assistance,
noting that many property owners lack either the equipment or the physical ability to properly
maintain their drainage ditches. Mayor Tyndall discussed the financial implications of establishing a
municipal drainage ditch maintenance program. He said that, based on previous estimates, the Town
would need to invest approximately $200,000 in equipment and an additional $200,000 annually for
staffing and operational expenses. He explained that, because drainage ditch maintenance is a
stormwater function, these costs would have to be funded through the Stormwater Fund. Mayor
Tyndall further stated that current stormwater fee revenues would not support an additional
$400,000 in annual expenditures without a significant increase in stormwater fees for residential and
commercial property owners.
Vice President Burrell responded that the Town may not need to maintain every drainage ditch on a
routine basis. He suggested focusing on only the most problematic locations and performing limited
maintenance, such as once each season, which could improve drainage conditions without creating a
comprehensive town-wide maintenance program. Building on that suggestion, Mayor Tyndall
proposed a phased approach and asked each councilmember to identify drainage ditches within
their respective districts that appear to require the greatest attention. He said staff could then
compile the identified locations and obtain cost estimates from private contractors to determine the
expense of performing targeted maintenance. Ms. Bohlen advised that maintenance of drainage
ditches located on private property would also require legal access agreements from the affected
property owners. She explained that identifying a ditch as needing maintenance would not, by itself,
authorize the Town or its contractors to enter private property to perform the work.
Councilmember Orris encouraged the Town to proactively prepare for utility-scale solar
development by consulting neighboring Maryland and Delaware communities that have already
regulated large-scale solar projects. He said learning from their experience would help Berlin develop
effective zoning regulations, ordinances, and community protections before any proposals are
submitted. He noted that utility-scale solar presents new challenges for municipalities and that
Berlin can benefit from lessons learned elsewhere.
Drawing on discussions at a recent Eastern Shore Association of Municipalities (ESAM) meeting,
Councilmember Orris also highlighted growing concern across the Eastern Shore about potential
large-scale data center development. He pointed to Worcester County's recent data center
moratorium and noted that courts have upheld municipalities' authority to adopt temporary
moratoriums, typically for up to one year while studying new land-use issues, with possible
extensions. Councilmember Orris asked Ms. Saleh to explain how municipal grants are funded,
noting that the process is often misunderstood. She said grant requirements vary by program, as
some provide funding upfront, while many operate on a reimbursement basis, requiring the Town to
pay eligible expenses before seeking repayment from the granting agency.
Councilmember Orris also sought clarity regarding the Town's building permit review process. Ms.
Hardesty explained that Planning and Zoning typically performs the final review and coordinates with

8.10.26 M&C Packet_pg.13 of 56

Reg. Session 07.27.26

other departments to resolve issues identified late in the process. She added that it would be helpful
for Planning and Zoning to conduct its review earlier in the permit process so significant planning
issues are identified before multiple departments spend time reviewing plans that may later require
substantial revisions.
Councilmember Green reported that a group of residents from a local senior housing facility had
planned to address the Council but left because the meeting ran late. He said the residents were to
raise concerns following a recent change in property ownership at The Cottages, citing maintenance
problems, extended air conditioning outages for some tenants, and broader property management
issues. Councilmember Green said the residents are working with Maryland Legal Aid and pursuing
appropriate legal and administrative remedies. While the matter primarily involved a privately
owned property and is largely outside the Town's authority, Councilmember Green said it is
important for the Council to remain informed because the issues could eventually involve code
enforcement or other municipal responsibilities.
9. Comments from the Mayor’s Office
Mayor's Executive Assistant Sara Gorfinkel announced several upcoming community events and
project milestones, including positive news that the Town is now prepared to receive its longanticipated USDA grant. The funding represents a significant milestone for the community center
project.
10. Comments from the Press – None.
11. Adjournment:
On the motion of Vice President Burrell, seconded by Councilmember Knerr, the meeting was
adjourned at approximately 8:58 PM.
Name
Counted
toward
Quorum
Aye
No Abstain
Recused Absent
Dean Burrell, VP
X
Steve Green
X
Jay Knerr
X
Shaneka Nichols
X
Jack Orris
X
Voting Tally
5
Respectfully submitted,

Kate Daub
Associate Town Administrator

8.10.26 M&C Packet_pg.14 of 56

Agenda Item 1 b
07.27.26 Closed Session Minutes REDACTED
Page 1 of 1

CLOSED SESSION
MAYOR AND COUNCIL OF BERLIN MARYLAND
Monday, July 27, 2026
Present: Mayor Zack Tyndall, Council V-P Dean Burrell, Councilmembers Steve Green, Jay Knerr, Shaneka
Nichols, and Jack Orris
Staff Present: Town Administrator Mary Bohlen, Human Resources Director Kelsey Jensen, and Town
Attorney Dave Gaskill, Assoc. Town Administrator Kate Daub present at start
Absent: none
Others present: none
Location: Berlin Branch Library, 13 Harrison Avenue, Berlin, MD 21811
Authority to close session: Pursuant to Maryland General Provisions Article; Sec 3-305(b):
(1) To discuss the appointment, employment, assignment, promotion, discipline, demotion,
compensation, removal, resignation, or performance evaluation of appointees, employees, or
officials over whom this public body has jurisdiction; or any other personnel matter that affects one
or more specific individuals;
a. Personnel Matter

Beginning at approximately 9:15 PM, the motion and vote to go into Closed Session were held in the 2nd
floor meeting room and streamed live via Facebook. Mayor Tyndall read the Closed Session Summary,
which is attached and incorporated into these Minutes upon approval. With no questions or comments,
Councilmember Orris moved to adjourn to Closed Session and Councilmember Knerr seconded. The vote
to proceed into Closed Session was as follows:
Name
Dean Burrell, VP
Steve Green
Jay Knerr
Shaneka Nichols
Jack Orris
Voting Tally

Counted toward Quorum
Aye
No
Abstain
X
X
X
X
X
5

Recused

Absent

The Facebook feed was ended and Ms. Daub left the room.
REMAINDER OF MINUTES REDACTED FOR INCLUSION IN OPEN RECORD
Following a motion by Councilmember Green, second by Councilmember Knerr, the Meeting adjourned
at approximately 9:30 PM.
Respectfully Submitted,

Mary T. Bohlen
Town Administrator
Attachments: Closed Session Summary of July 27, 2026
8.10.26 M&C Packet_pg.15 of 56

07.27.26 Closed

Closed Session Summary
To be included in the minutes in the next Open Meeting

1. Statement of the time, place, and purpose of the closed session:
a. Time of closed session: Monday, July 27, 2026, 9:15 PM (immediately following Regular Meeting
b. Place (location) of closed session: Worcester County Library, Berlin Branch, 13 Harrison Avenue,
Berlin, MD 21811, 2nd floor
c. Purpose of the closed session: Personnel Matter
d. Date and time that we will return to public meeting: Monday, August 10, 2026, 6:00 PM
2. Record of the vote of each member as to closing the session:
a. Motion to close meeting made by: Orris
b. Second by: Knerr
c. Members voting in favor: Burrell, Green, Nichols
d. Members opposed: none
e. Members abstaining: none
f. Members absent: none
3. Statutory authority to close session:
This meeting was closed under the following provisions of General Provisions Article § 3-305(b)
(1) To discuss the appointment, employment, assignment, promotion, discipline, demotion,
compensation, removal, resignation, or performance evaluation of appointees, employees, or officials
over whom this public body has jurisdiction; or any other personnel matter that affects one or more
specific individuals;
b. Personnel Matter
Listing of each topic actually discussed, persons present, and each action taken in the session:
Topic description

Personnel Matter

Persons present for discussion

Action taken/each recorded vote

Z. Tyndall, D. Burrell, S. Green, J. No action/vote
Knerr, S. Nichols, J. Orris
M. Bohlen, K. Jensen, D. Gaskill

This statement was made by: Mayor Zack Tyndall, presiding officer
List members who have received open meetings training (at least one member must be in attendance
during closed session): Mayor Zack Tyndall, Councilmember Jack Orris, Town Administrator Mary Bohlen,
Human Resources Director Kelsey Jensen, Town Attorney David Gaskill, Special Projects Administrator Kate
Daub.

8.10.26 M&C Packet_pg.16 of 56

Agenda Item 3

STAFF REPORT
TO:

Mayor and Council

FROM:

Ryan Hardesty, Acting Planning Director

MEETING DATE:

August 10, 2026

SUBJECT:
Outdoor Burning Ordinance
____________________________________________________________________________

SUMMARY:
The proposed ordinance replaces the Town's existing outdoor burning regulations to provide clearer standards
for open burning, recreational fires, permitting requirements, operational standards, prohibited activities, and
enforcement. The revisions also clarify that recreational fires and outdoor cooking fires are permitted without
an open burn permit when they comply with the ordinance requirements.
BACKGROUND:
Due to recent discussions regarding whether fire pits are permitted within the Town limits, staff revised the
Outdoor Burning Ordinance to provide clear guidance on permitted and prohibited burning activities. Staff
also contacted the Worcester County Fire Marshal's Office to ensure the proposed ordinance is consistent
with Worcester County standards and to confirm that the Town's regulations are not less restrictive than
those adopted by Worcester County.
SECTION BY SECTION SUMMARY OF PROPOSED AMENDMENTS:
§ 16-19. Purpose and Intent
Establishes the purpose of the ordinance to protect public health, safety, and welfare by regulating outdoor
burning. Clarifies that the ordinance is intended to be consistent with applicable State and County regulations
and does not authorize any burning prohibited by Worcester County, the State of Maryland, or any applicable
burn ban.
§ 16-20. Definitions
Adds definitions for key terms used throughout the ordinance. These definitions provide clarity regarding the
types of burning regulated under the ordinance.
§ 16-21. Permit Required
Explains that Open Burning requires a permit and requires submission of a site plan showing measured
distances for permit approval.
§ 16-22. Permit Exemptions
Exempts recreational fires and outdoor cooking fires used solely for food preparation from the Open Burn
Permit requirement.

8.10.26 M&C Packet_pg.17 of 56

§ 16-23. Requirements for Open Burning
Establishes operational standards for permitted open burning, including limiting materials that may be
burned, establishing minimum separation distances, restricting burning in densely developed areas, requiring
notification to Emergency Services, prohibiting hazardous conditions or nuisances, and requiring fires to be
attended until extinguished.
§ 16-24. Requirements for Recreational Burning
Establishes safety standards for recreational fires, including a minimum setback of 15 feet from buildings,
structures, and combustible materials, and requires fires to remain attended until completely extinguished.
§ 16-25. Prohibited Burning
Prohibits the burning of household trash, hazardous materials, treated wood, plastics, and rubber. Also
provides that all Open Burn Permits are automatically suspended during any Worcester County or State-issued
burn ban.
§ 16-26. Fees
Provides that permit fees will be established through the Town's adopted fee schedule, as amended from time
to time by resolution of the Mayor and Council.
§ 16-27. Violations
Establishes enforcement provisions by classifying violations as municipal infractions and setting fines of $100
for an initial violation and $200 for repeat or continuing violations.
RECOMMENDATIONS:
Staff recommends a review and discussion of the proposed ordinance changes. The proposed revisions clarify
the Town's outdoor burning regulations, provide clear standards for residents, align with Worcester County
requirements, and resolve recent questions regarding if recreational fire pits within the Town are allowed.

8.10.26 M&C Packet_pg.18 of 56

ORDINANCE 2026-06
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF BERLIN, MARYLAND, A
MARYLAND MUNICIPAL CORPORATION AMENDING CHAPTER 16, ENTITLED FIRE
PREVENTION AND PROTECTION, ARTICLE II, ENTITLED OUTDOOR BURNING.
NOW, THEREFORE, BE IT RESOLVED that Chapter 16, entitled Fire Prevention and
Protection, Article II, entitled Outdoor Burning, be amended as follows:
ARTICLE II. - OUTDOOR BURNING
Sec. 16-19. - Purpose.
The purpose of this article shall be to prevent the danger to the public health and safety posed by
uncontrolled or unregulated outdoor burning.
(Code 1977, § 50-1; Ord. No. 92-10, 9-14-1992)
SEC. 16-19. PURPOSE AND INTENT
THE PURPOSE OF THIS ARTICLE IS TO PROTECT THE PUBLIC HEALTH, SAFETY, AND
WELFARE BY REGULATING OPEN BURNING WITHIN THE TOWN OF BERLIN. IMPROPER OPEN
BURNING CAN CREATE FIRE HAZARDS, AIR POLLUTION, AND PUBLIC NUISANCES. THIS
ARTICLE IS INTENDED TO ENSURE COMPLIANCE WITH APPLICABLE STATE LAWS AND
REGULATIONS, INCLUDING COMAR 26.11.07. NOTHING WITHIN THIS ORDINANCE SHALL
AUTHORIZE OPEN BURNING THAT IS PROHIBITED BY THE WORCESTER COUNTY CODE OF
PUBLIC LAWS, COMAR, MARYLAND FOREST SERVICE REGULATIONS, THE MARYLAND STATE
FIRE PREVENTION CODE, OR ANY COUNTY OR STATE BURN BAN
Sec. 16-20. - Permit required.
Within the corporate limits of the town, except by special permit from the director of the planning
and zoning commission, no outside or open fires or burnings of any kind shall be permitted.
(Code 1977, § 50-2; Ord. No. 92-10, 9-14-1992; Ord. No. 2011-04, 6-12-2011)

SEC. 16-20. DEFINITIONS
THE FOLLOWING WORDS, TERMS AND PHRASES, WHEN USED IN THIS CHAPTER, SHALL
HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION, EXCEPT WHERE THE CONTEXT
CLEARLY INDICATES A DIFFERENT MEANING:
OPEN BURNING MEANS A FIRE WHERE ANY MATERIAL IS BURNED IN THE OPEN OR IN AN
OPEN RECEPTACLE.
RECREATIONAL FIRE MEANS A SMALL, CONTROLLED FIRE (EITHER GAS OR WOOD BURNING)
USED FOR WARMTH OR RECREATION, NOT INTENDED FOR WASTE DISPOSAL.

1
8.10.26 M&C Packet_pg.19 of 56

COOKING FIRE MEANS A FIRE USED SOLELY FOR FOOD PREPARATION IN GRILLS, SMOKERS,
OR SIMILAR APPLIANCES.
YARD WASTE MEANS LEAVES, GRASS CLIPPINGS, WEEDS AND SIMILAR VEGETATIVE
MATERIAL.
YARD DEBRIS MEANS BRUSH, LIMBS, BRANCHES, SHRUBS AND TREE TRIMMINGS
RESULTING FROM ROUTINE LANDSCAPE MAINTENANCE.
LAND-CLEARING DEBRIS MEANS TREES, STUMPS, BRUSH, AND OTHER NATURAL
VEGETATIVE MATERIAL GENERATED FROM THE CLEARING OF LAND FOR DEVELOPMENT OR
AGRICULTURAL PURPOSES.
Sec. 16-21. - Fees.
The fees for all permits issued under this chapter shall be in accordance with a fee schedule
adopted by resolution of the Mayor and Council, or as such schedule shall be amended from time
to time.
(Code 1977, § 50-3; Ord. No. 92-10, 9-14-1992)

SEC. 16-21. PERMIT REQUIRED.
EXCEPT AS PROVIDED IN §16-22, NO PERSON SHALL CONDUCT OPEN BURNING PER §1620.A ABOVE WITHIN THE TOWN OF BERLIN WITHOUT FIRST OBTAINING AN OPEN BURN
PERMIT. A SITE PLAN FOR THE OPEN BURNING WITH MEASURED DISTANCES SHALL BE
SUBMITTED WITH THE APPLICATION AND MUST BE APPROVED BY THE APPROPRIATE
DEPARTMENT.
Sec. 16-22. - Violations.
Any person who shall violate any provision of this article shall be guilty of a municipal infraction
and shall be subject to a fine in the amount of $100.00 for any single or initial violation and a fine
in the amount of $200.00 for each repeat or continuing violation.
(Code 1977, § 50-4; Ord. No. 92-10, 9-14-1992)
SEC. 16-22. PERMIT EXCEPTIONS
RECREATIONAL FIRES AS WELL AS OUTDOOR COOKING FIRES USING GRILLS, SMOKERS,
BARBECUE PITS, OR SIMILAR DEVICES SOLELY FOR FOOD PREPARATION ARE EXEMPT FROM
PERMITTING REQUIREMENTS.

2
8.10.26 M&C Packet_pg.20 of 56

SEC. 16-23. REQUIREMENT FOR OPEN BURNING.
1.

SHALL BE LIMITED TO YARD WASTE, YARD DEBRIS AND LAND-CLEARING DEBRIS
GENERATED FROM THE MAINTENANCE OR CLEANING OF THE PROPERTY ON WHICH
THE BURNING OCCURS.

2.

MUST BE A MINIMUM OF 500 YARDS FROM ANY OCCUPIED BUILDING OR PUBLIC
ROAD.

3.

MUST NOT BE IN ANY AREA IN WHICH THE HOUSING DENSITY IS ONE HOUSING UNIT
PER ACRE OR GREATER OR IN ANY AREA ADJACENT TO WHICH THE HOUSING DENSITY
IS ONE HOUSING UNIT PER ACRE OR GREATER.

4.

NOTICE MUST BE MADE TO EMERGENCY SERVICES BEFORE BURNING TAKES PLACE.

5.

NO HAZARDOUS CONDITIONS, AIR POLLUTION OR NUISANCE WILL BE CREATED.

6.

MUST BE ATTENDED UNTIL COMPLETELY EXTINGUISHED.

SEC. 16-24. REQUIREMENTS FOR RECREATIONAL BURNING
1.

MUST BE A MINIMUM OF 15 FEET FROM ANY BUILDING, STRUCTURE OR FLAMMABLE
MATERIALS.

2.

MUST BE ATTENDED UNTIL COMPLETELY EXTINGUISHED.

SEC. 16-25. PROHIBITED BURNING
THE BURNING OF HOUSEHOLD TRASH, HAZARDOUS MATERIALS, TREATED WOOD,
PLASTICS, OR RUBBER IS PROHIBITED. ALL OPEN BURNING PERMITS ARE AUTOMATICALLY
SUSPENDED WHENEVER WORCESTER COUNTY OR THE STATE OF MARYLAND DECLARES A
BURN BAN.
SEC. 16-26. FEES.
THE FEES FOR ALL PERMITS ISSUED UNDER THIS CHAPTER SHALL BE IN ACCORDANCE
WITH A FEE SCHEDULE ADOPTED BY RESOLUTION OF THE MAYOR AND COUNCIL, OR AS
SUCH SCHEDULE SHALL BE AMENDED FROM TIME TO TIME.
SEC. 16-27. ENFORCEMENT AND PENALTIES
ANY PERSON WHO SHALL VIOLATE ANY PROVISION OF THIS ARTICLE SHALL BE GUILTY OF A
MUNICIPAL INFRACTION AND SHALL BE SUBJECT TO A FINE IN THE AMOUNT OF $100.00
FOR ANY SINGLE OR INITIAL INFRACTION AND A FINE IN THE AMOUNT OF $200.00 FOR
EACH REPEAT OR CONTINUING VIOLATION.

3
8.10.26 M&C Packet_pg.21 of 56

THIS ORDINANCE was introduced and read at a meeting of the Town Council held on the
day of

, 2026, and thereafter a statement of the substance of the

Ordinance was published as required by law.

A PUBLIC HEARING waS held and this Ordinance was adopted this

day of

, 2026, by the Mayor and Council of the Town of Berlin, Maryland,
by the vote as indicated below:

Name

Counted toward Quorum
Aye
No Abstain

Recused

Absent

Dean Burrell, VP
Steve Green
Jay Knerr
Shaneka Nichols
Jack Orris
Voting Tally

Dean Burrell Sr., Vice President of the Council
This Ordinance was approved this

day of

, 2026 by the Mayor

of the Town of Berlin and is effective at the start of the 2027 Fiscal Year on July 1, 2026.
______________________________________________
Zackery Tyndall, Mayor, President of the Council
ATTEST:

Mary Bohlen, Town Administrator

4
8.10.26 M&C Packet_pg.22 of 56

Agenda Item 4 & 5 a

STAFF REPORT
TO:

Mayor and Council

FROM:

Mary Bohlen, Town Administrator

MEETING DATE:

August 10, 2026

SUBJECT:

Sidewalk Cost-Share Program – Updated from July 27
__________________________________________________________________

SUMMARY
Following the discussion at the July 27 Mayor and Council Meeting, several updates were made to the Ordinance
and Request form being presented for approval at this evening’s meeting.
ORDINANCE
Summary of changes from First Reading:
Section 28-17(1)(b) and -172(b): Change masculine to neutral
Section 28-171(b)(2): Updated language per discussion regarding timing.
Section 28-174(a)(5); (b)(1)(D); and (2)(D) Repairs requested by owner: Language changes to address payment
of permit fee.
NOTE: The Code/Ordinance does not reference or differentiate between residential or commercial as discussed
on July 27, 2026, therefore no language needed to address.
PROGRAM REQUEST FORM
The request form has been updated to remove language differentiating between commercial and residential
properties and to reflect that the permit fee is to be waived.
Recommendation for August 10, 2026 Meeting and Public Hearing:
As noted in the previous staff report, and assuming passage at the Public Hearing on August 10th, the Ordinance
would not be effective until 20 days after passage, or August 31, 2026. However, applications can begin to be
accepted immediately, with the caveat that no action can be taken until that time. As discussed and noted,
applications will be on a first-come-first-served basis.
ATTACHMENTS
Ordinance 2026-05 as amended
Motion 2026-46 approving Sidewalk Cost Sharing Program/Request form
Sidewalk Cost Sharing Program Form as amended

8.10.26 M&C Packet_pg.23 of 56

Ord. ’26-05
Page 1 of 6
ORDINANCE NO. 2026-05
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF BERLIN, MARYLAND, A
MARYLAND MUNICIPAL CORPORATION, AMENDING CERTAIN SECTIONS OF CHAPTER 28,
STREETS, SIDEWALKS, AND CERTAIN OTHER PUBLIC PLACES.
BE IT RESOLVED, that Chapter 28 be amended as follows:
ARTICLE V. - CONSTRUCTION AND MAINTENANCE OF SIDEWALKS AND DRIVEWAYS
Sec. 28-170. - Violations and penalties.
(a) Any person who shall violate any provisions of this article shall be guilty of a municipal infraction
and shall be fined the sum of $100.00 for any single initial violation and the sum of $200.00 for each
repeat or continuing violation DAY OF FAILURE TO COMPLY WITH SUCH PROVISION.
Sec. 28-171. - Repairs ordered by town.
(a) Whenever it is brought to the attention of the code enforcement officer of the town that a sidewalk,
driveway, apron or adjoining sod or a portion thereof abutting any property, private or public, may be in
unsatisfactory condition, the code enforcement officer shall conduct an inspection to determine if the
condition of that sidewalk, driveway, apron or sod presents a hazard to the public safety or an obstruction
to public passage.
(b) If it is determined by the code enforcement officer that said sidewalk, driveway, apron or sod or
any portion thereof is in an unsafe, dangerous or hazardous condition, he THEYshall serve notice to the
owner of the property abutting the sidewalk, driveway, apron or sod or portion thereof that is in an unsafe
condition that such a condition exists. Such notice shall contain, at minimum, the following information:

Commented [MB1]: Oversight on my part - change
masculine to neutral.

(1) A description of the unsafe, hazardous or dangerous condition found to exist, including,
without limitation, a copy of the field inspection report.
(2) A time limit specified for the correction of OR PROCUREMENT OF SERVICES TO
ADDRESS the hazardous condition, which shall be a minimum of 20 FORTY-FIVE (45) calendar
days for the most dangerous conditions and a maximum of 60 NINETY (90) days for any other
conditions OR AS DETERMINED BY THE PLANNING DIRECTOR UP TO A MAXIMUM OF 12MONTHS.deemed by the code enforcement officer to be not an immediate or extreme hazard
to the safety of the public.

Formatted: All caps

(3) An explanation of the owner's right to appeal the citation NOTICE to the housing board of
review PURSUANT TO THE PROVISIONS OF ARTICLE V OF CHAPTER 6, HOUSING
STANDARDS within ten calendar days from the date of the citation NOTICE and the procedure
for filing such an appeal.
(c) Such notice shall be served by hand delivery to the owner or his agent or by certified REGULAR
mail, return receipt requested, to the last known address of the property owner or agent AS RECORDED
IN THE REAL ESTATE ASSESSMENT RECORDS AND BY POSTING A COPY OF THE NOTICE IN A
CONSPICUOUS PLACE ON THE PROPERTY.

8.10.26 M&C Packet_pg.24 of 56

Ord. ’26-05
Page 2 of 6
Sec. 28-172. - New sidewalks for public safety.
(a) Whenever it is brought to the attention of the code enforcement officer of the town that property
abutting on any public way in the town is in need of a sidewalk to protect the public health, safety and
welfare of the town, the code enforcement officer shall conduct an inspection to determine if a sidewalk is
necessary.
(b) If it is determined by the code enforcement officer that a sidewalk is necessary, he THEY shall
serve notice to the owner of the property that a sidewalk needs to be constructed. Such notice shall
contain, at minimum, the following information:
(1)

A description of the area and location of the sidewalk.

(2) A time limit specified for the construction of the sidewalk which shall be for a minimum of
120 days.
(3) An explanation of the owner's right to appeal the decision to the housing board of review
within ten calendar days from the date of the notice and the procedure for filing such an appeal.
(c) Such notice shall be served by hand delivery to the owner or his agent or by certified REGULAR
mail, return receipt requested, to the last known address of the property owner or agent AS RECORDED
IN THE REAL ESTATE ASSESSMENT RECORDS AND BY POSTING A COPY OF THE NOTICE IN A
CONSPICUOUS PLACE ON THE PROPERTY.
Sec. 28-173. - Enforcement procedures.
(a) In the event that a property owner has failed to correct the hazardous condition or to construct a
sidewalk and failed to file an appeal with the housing board of review within the time limit specified in the
notice, the code enforcement officer may order the construction of a sidewalk, repair or replacement of
the hazardous sidewalk, driveway, apron or sod or portion thereof that is in an unsafe condition and shall
proceed to obtain cost estimates AND ENGAGE WITH AN APPROPRIATE THIRD-PARTY CONTRACTOR
for the work so ordered in the manner prescribed by the town's usual purchasing policy and practices.
(b) The code enforcement officer shall present the quoted prices to the town administrator for review
within ten days of the expiration of the property owner's notice period. Cost estimates in excess of
$1,000.00 must be presented to the council in a regular meeting for approval before award of any
contract, as specified in section C7-23 of the Town Charter. Contractor proposals with costs of less than
$1,000.00 may be accepted by the town administrator and the work may be ordered immediately. All
contracting and service procurements are subject to the same rules and regulations as govern all other
town activities, as specified in section C7-23 of the Charter.
(c)(b) Upon COMPLETION OF THE WORK AND receipt of a valid invoice from the contractor, and after
having inspected the premises and verifying that the work is acceptable to the town AND MEETS TOWN
STANDARDS the code enforcement officer will present the invoice to the town administrator THROUGH
THE APPROPRIATE TOWN PROCEDURES for payment to the contractor. Concurrent with the final
payment to the contractor, 50 percent of the total expense incurred for the resulting construction, repair
or replacement, plus permit fees AND ANY OTHER ASSOCIATED COSTS shall be billed to the owner in
the same manner and under the same collection procedures as are used for grass cutting and refuse
collection OTHER CODE-ENFORCEMENT RELATED BILLING on private property. The town shall absorb
the remaining 50 percent of the total costs incurred (excluding permit fees).

Commented [MB2]: As noted on the 27th, this section
applies to non-compliance and is for enforcement,
therefore permit fees should not be waived.

8.10.26 M&C Packet_pg.25 of 56

Ord. ’26-05
Page 3 of 6
(d)(c) In the event that the charges incurred have not been paid by the beginning of the town's next
regular fiscal year, those charges will be charged against the property and added to the taxes owed on
that property for the next taxable levy year and shall constitute a lien on the property THE TOWN SHALL
PROCEED WITH LEGAL ACTION TO COLLECT THE AMOUNT OWED TO THE FULLEST EXTENT OF
THE LAW.
Sec. 28-174. Repairs requested by owner.
(a) Property owners who desire to repair or replace their own sidewalks or portion thereof may
request the town's participation in the repair or replacement by either of the following means:
(1) Secure contractor's services privately and submit paid invoices upon completion of the
work, whereupon the town will reimburse the property owner for 50 percent of the total cost
(excluding permit fees). Contract estimates must be approved by the town prior to the
commencement of work. The town reserves the right to refuse payment of its 50 percent of total
costs if invoices are submitted for payment without such other prior approval.
(2) Request that the town secure contractor's price quotations in the course of procuring
similar services for the town itself, whereupon, the town will forward those estimates to the
owner for review. Upon written acceptance of a proposal by the owner, the town will proceed
with the necessary contract work and will bill the owner for 50 percent of the total costs plus
permit fees.
(3) Request that the town include the replacement or repair of his property's sidewalk or
portion thereof during the course of a town project currently planned or underway at the time of
the request. In the event that an owner elects this option, it is specifically understood that the
project work will be performed by the contractor chosen by the town for the ancillary project
planned or underway and that the owner will not participate in the selection of that contractor.
The town will, however, provide the owner electing this option with an estimate of the cost of his
replacement or repair, based on the unit price quoted by the contractor performing the town's
work. The town will bill the owner for 50 percent of the total costs plus permit fees associated
with his property's sidewalk upon completion of the project.
(b) Subsection (a) of this section shall apply only if moneys are available in the town's budget.
(c) This section shall not be construed to include the construction of a new sidewalk at the request of
an owner.
Sec. 28-174. – PARTICIPATION IN A COST-SHARE PROGRAM FOR REPAIRS REQUESTED BY OWNER.
(a) PROPERTY OWNERS WHO DESIRE TO REPAIR OR REPLACE THEIR OWN SIDEWALKS OR
PORTION THEREOF MAY REQUEST TO PARTICIPATE IN A COST-SHARE PROGRAM AS FOLLOWS:
(1) THE COST-SHARE PROGRAM SHALL APPLY ONLY IF FUNDING IS ALLOCATED AND
AVAILABLE IN THE APPLICABLE FISCAL YEAR BUDGET.
(2) THE PROPERTY OWNER MUST NOT HAVE ANY OTHER OUTSTANDING CODE
ENFORCEMENT MATTERS WITH THE TOWN OF BERLIN.

8.10.26 M&C Packet_pg.26 of 56

Ord. ’26-05
Page 4 of 6
(3) THE PROPERTY OWNER MUST BE CURRENT ON ANY ACCOUNTS OR BILLS WITH
THE TOWN OF BERLIN, INCLUDING UTILITIES, MISCELLANEOUS ACCOUNTS RECEIVABLE,
FINES OR PENALTIES OR ANY OTHER OUTSTANDING MATTER, INCLUDING REAL OR
PERSONAL PROPERTY TAXES WHETHER BILLED DIRECTLY BY THE TOWN OF BERLIN OR
THROUGH A THIRD-PARTY ON BEHALF OF THE TOWN.
(4) THE PROPERTY OWNER OR AGENT MUST SUBMIT APPLICATION ON THE
PRESCRIBED FORM TO THE TOWN ADMINISTRATOR TO REQUEST PARTICIPATION IN THE
COST-SHARE PROGRAM FOR SAID REPAIRS. SUCH APPLICATION IS SUBJECT TO
APPROVAL AND THE AVAILABILITY OF BUDGETED FUNDS.
(5) SUBMISSION TO THE APPROPRIATE DEPARTMENT FOR ANY REQUIRED PERMIT AND
PAYMENT OF ANY ASSOCIATED FEES. IF PARTICIPATING IN THE COST-SHARE PROGRAM,
THE PERMIT FEE SHALL BE WAIVED.
(6) THIS SECTION IS APPLICABLE FOR REPAIR OR REPLACEMENT OF EXISTING
SIDEWALK DETERMINED TO BE IN HAZARDOUS CONDITION AND SHALL NOT BE
CONSTRUED TO INCLUDE THE CONSTRUCTION OF A NEW SIDEWALK WHERE NONE
EXISTS.
(b) PARTICIPATION IN THE COST-SHARE PROGRAM SHALL BE BY EITHER OF THE FOLLOWING
MEANS:
(1)

COMPLETION BY THE OWNER OR BY A CONTRACTOR/EMPLOYEE OF THE OWNER.
(A)
PRIOR TO COMPLETION OF THE WORK BY THE OWNER OR THE OWNER’S
AGENT, APPLY FOR APPROVAL FOR FUNDING REIMBURSEMENT FROM THE TOWN
THROUGH A PRESCRIBED AND ACCEPTABLE PROCESS.
(B)
SECURE AN APPROPRIATELY LICENSED CONTRACTOR’S SERVICES
PRIVATELY AND SUBMIT INVOICES WITH PROOF OF PAYMENT UPON COMPLETION
OF THE WORK.
(C)
THE TOWN SHALL INSPECT AND VERIFY THAT THE WORK IS ACCEPTABLE
TO THE TOWN AND MEETS TOWN STANDARDS.
(D)
UPON APPROVAL OF THE COMPLETED WORK, THE TOWN WILL REIMBURSE
THE PROPERTY OWNER FOR FIFTY-PERCENT (50%) OF THE TOTAL COST
EXCLUDING PERMIT FEES AND TO A MAXIMUM AMOUNT AS DETERMINED BY THE
MAYOR AND COUNCIL. THE TOWN RESERVES THE RIGHT TO REFUSE
REIMBURSEMENT OF ITS PORTION OF TOTAL COSTS IF INVOICES ARE SUBMITTED
FOR PAYMENT WITHOUT SUCH OTHER PRIOR APPROVAL.

(2)

INCLUSION IN WORK UNDER A TOWN PROJECT.
(A)
REQUEST THAT THE TOWN INCLUDE THE REPLACEMENT OR REPAIR OF THE
PROPERTY'S SIDEWALK OR PORTION THEREOF DURING THE COURSE OF A TOWN
PROJECT CURRENTLY PLANNED OR UNDERWAY AT THE TIME OF THE REQUEST.

8.10.26 M&C Packet_pg.27 of 56

Ord. ’26-05
Page 5 of 6
(B)
IN THE EVENT THAT AN OWNER ELECTS THIS OPTION, IT IS SPECIFICALLY
UNDERSTOOD THAT THE PROJECT WORK WILL PERFORMED BY THE CONTRACTOR
CHOSEN BY THE TOWN FOR THE ANCILLARY PROJECT PLANNED OR UNDERWAY
AND THAT THE OWNER WILL NOT PARTICIPATE IN THE SELECTION OF THAT
CONTRACTOR NOR HAVE DETERMINATION OF THE TIMING OF SUCH WORK.
(C)
THE TOWN WILL PROVIDE THE OWNER ELECTING THIS OPTION WITH AN
ESTIMATE OF THE COST OF THE APPLICABLE REPLACEMENT OR REPAIR, BASED ON
THE UNIT PRICE QUOTED BY THE CONTRACTOR PERFORMING THE TOWN'S WORK
AND THE OWNER WILL PROVIDE WRITTEN ACCEPTANCE OF SAID PROPOSAL.
(D)
THE OWNER WILL PAY THE TOWN FIFTY-PERCENT (50%) OF THE ESTIMATED
COST. PLUS APPLICABLE PERMIT FEES.
(E)
IN THE EVENT THAT THE FINAL COST FOR REPAIR/REPLACEMENT OF THE
APPLICABLE SIDEWALK DIFFERS FROM THE ESTIMATE, THE TOWN SHALL
REIMBURSE OR INVOICE THE OWNER THE DIFFERENCE TO MEET THE FIFTYPERCENT (50%) COST. IF THE OWNER IS INVOICED FOR THE BALANCE AND SAID
INVOICE IS NOT PAID WITHIN THE TIMEFRAME INDICATED, THE TOWN SHALL
PROCEED WITH LEGAL ACTION TO COLLECT THE AMOUNT OWED TO THE FULLEST
EXTENT OF THE LAW.
(3) THIS SECTION SHALL NOT BE CONSTRUED TO INCLUDE THE CONSTRUCTION OF A
NEW SIDEWALK AT THE REQUEST OF AN OWNER.
(4) LACK OF THE ABILITY TO PARTICIPATE IN THE COST-SHARE PROGRAM IN A GIVEN
BUDGET YEAR DOES NOT ALLEVIATE THE RESPONSIBILITY OF THE PROPERTY OWNER
FOR ADHERENCE TO THE REQUIREMENTS OF THIS SECTION OF THE CODE OF THE
TOWN, NOR OF THE FINANCIAL BURDEN OF SUCH.

8.10.26 M&C Packet_pg.28 of 56

Ord. ’26-05
Page 6 of 6
THIS ORDINANCE was introduced and read at a meeting of the Town Council held on the ___________ day
of _______________________________, 2026, and thereafter a statement of the substance of the Ordinance
having been published as required by law.

A PUBLIC HEARING was held and this Ordinance was adopted this ___________ day of
_______________________________, 2026, by the Mayor and Council of the Town of Berlin, Maryland, by the
vote as indicated below:
Name

Counted toward Quorum
Aye
No Abstain

Recused

Absent

Dean Burrell, VP
Steve Green
Jay Knerr
Shaneka Nichols
Jack Orris
Voting Tally

Dean Burrell, Vice-President

Approved on this

day of

, 2026 by the Mayor of the Town of Berlin

and therefore effective twenty (20) calendar days later on the

day of

, 2026.

Zackery Tyndall, Mayor and President of Council

ATTEST: Mary Bohlen, Town Administrator

8.10.26 M&C Packet_pg.29 of 56

Ord. ’26-05
Page 1 of 6
ORDINANCE NO. 2026-05
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF BERLIN, MARYLAND, A
MARYLAND MUNICIPAL CORPORATION, AMENDING CERTAIN SECTIONS OF CHAPTER 28,
STREETS, SIDEWALKS, AND CERTAIN OTHER PUBLIC PLACES.
BE IT RESOLVED, that Chapter 28 be amended as follows:
ARTICLE V. - CONSTRUCTION AND MAINTENANCE OF SIDEWALKS AND DRIVEWAYS
Sec. 28-170. - Violations and penalties.
(a) Any person who shall violate any provisions of this article shall be guilty of a municipal infraction
and shall be fined the sum of $100.00 for any single initial violation and the sum of $200.00 for each
repeat or continuing violation DAY OF FAILURE TO COMPLY WITH SUCH PROVISION.
Sec. 28-171. - Repairs ordered by town.
(a) Whenever it is brought to the attention of the code enforcement officer of the town that a sidewalk,
driveway, apron or adjoining sod or a portion thereof abutting any property, private or public, may be in
unsatisfactory condition, the code enforcement officer shall conduct an inspection to determine if the
condition of that sidewalk, driveway, apron or sod presents a hazard to the public safety or an obstruction
to public passage.
(b) If it is determined by the code enforcement officer that said sidewalk, driveway, apron or sod or
any portion thereof is in an unsafe, dangerous or hazardous condition, he THEY shall serve notice to the
owner of the property abutting the sidewalk, driveway, apron or sod or portion thereof that is in an unsafe
condition that such a condition exists. Such notice shall contain, at minimum, the following information:
(1) A description of the unsafe, hazardous or dangerous condition found to exist, including,
without limitation, a copy of the field inspection report.
(2) A time limit specified for the correction of OR PROCUREMENT OF SERVICES TO
ADDRESS the hazardous condition, which shall be a minimum of 20 FORTY-FIVE (45) calendar
days for the most dangerous conditions and a maximum of 60 NINETY (90) days for any other
conditions OR AS DETERMINED BY THE PLANNING DIRECTOR UP TO A MAXIMUM OF 12MONTHS deemed by the code enforcement officer to be not an immediate or extreme hazard
to the safety of the public.
(3) An explanation of the owner's right to appeal the citation NOTICE to the housing board of
review PURSUANT TO THE PROVISIONS OF ARTICLE V OF CHAPTER 6, HOUSING
STANDARDS within ten calendar days from the date of the citation NOTICE and the procedure
for filing such an appeal.
(c) Such notice shall be served by hand delivery to the owner or his agent or by certified REGULAR
mail, return receipt requested, to the last known address of the property owner or agent AS RECORDED
IN THE REAL ESTATE ASSESSMENT RECORDS AND BY POSTING A COPY OF THE NOTICE IN A
CONSPICUOUS PLACE ON THE PROPERTY.

8.10.26 M&C Packet_pg.30 of 56

Ord. ’26-05
Page 2 of 6
Sec. 28-172. - New sidewalks for public safety.
(a) Whenever it is brought to the attention of the code enforcement officer of the town that property
abutting on any public way in the town is in need of a sidewalk to protect the public health, safety and
welfare of the town, the code enforcement officer shall conduct an inspection to determine if a sidewalk is
necessary.
(b) If it is determined by the code enforcement officer that a sidewalk is necessary, he THEY shall
serve notice to the owner of the property that a sidewalk needs to be constructed. Such notice shall
contain, at minimum, the following information:
(1)

A description of the area and location of the sidewalk.

(2) A time limit specified for the construction of the sidewalk which shall be for a minimum of
120 days.
(3) An explanation of the owner's right to appeal the decision to the housing board of review
within ten calendar days from the date of the notice and the procedure for filing such an appeal.
(c) Such notice shall be served by hand delivery to the owner or his agent or by certified REGULAR
mail, return receipt requested, to the last known address of the property owner or agent AS RECORDED
IN THE REAL ESTATE ASSESSMENT RECORDS AND BY POSTING A COPY OF THE NOTICE IN A
CONSPICUOUS PLACE ON THE PROPERTY.
Sec. 28-173. - Enforcement procedures.
(a) In the event that a property owner has failed to correct the hazardous condition or to construct a
sidewalk and failed to file an appeal with the housing board of review within the time limit specified in the
notice, the code enforcement officer may order the construction of a sidewalk, repair or replacement of
the hazardous sidewalk, driveway, apron or sod or portion thereof that is in an unsafe condition and shall
proceed to obtain cost estimates AND ENGAGE WITH AN APPROPRIATE THIRD-PARTY CONTRACTOR
for the work so ordered in the manner prescribed by the town's usual purchasing policy and practices.
(b) The code enforcement officer shall present the quoted prices to the town administrator for review
within ten days of the expiration of the property owner's notice period. Cost estimates in excess of
$1,000.00 must be presented to the council in a regular meeting for approval before award of any
contract, as specified in section C7-23 of the Town Charter. Contractor proposals with costs of less than
$1,000.00 may be accepted by the town administrator and the work may be ordered immediately. All
contracting and service procurements are subject to the same rules and regulations as govern all other
town activities, as specified in section C7-23 of the Charter.
(c)(b) Upon COMPLETION OF THE WORK AND receipt of a valid invoice from the contractor, and after
having inspected the premises and verifying that the work is acceptable to the town AND MEETS TOWN
STANDARDS the code enforcement officer will present the invoice to the town administrator THROUGH
THE APPROPRIATE TOWN PROCEDURES for payment to the contractor. Concurrent with the final
payment to the contractor, 50 percent of the total expense incurred for the resulting construction, repair
or replacement, plus permit fees AND ANY OTHER ASSOCIATED COSTS shall be billed to the owner in
the same manner and under the same collection procedures as are used for grass cutting and refuse
collection OTHER CODE-ENFORCEMENT RELATED BILLING on private property. The town shall absorb
the remaining 50 percent of the total costs incurred (excluding permit fees).

8.10.26 M&C Packet_pg.31 of 56

Ord. ’26-05
Page 3 of 6
(d)(c) In the event that the charges incurred have not been paid by the beginning of the town's next
regular fiscal year, those charges will be charged against the property and added to the taxes owed on
that property for the next taxable levy year and shall constitute a lien on the property THE TOWN SHALL
PROCEED WITH LEGAL ACTION TO COLLECT THE AMOUNT OWED TO THE FULLEST EXTENT OF
THE LAW.
Sec. 28-174. Repairs requested by owner.
(a) Property owners who desire to repair or replace their own sidewalks or portion thereof may
request the town's participation in the repair or replacement by either of the following means:
(1) Secure contractor's services privately and submit paid invoices upon completion of the
work, whereupon the town will reimburse the property owner for 50 percent of the total cost
(excluding permit fees). Contract estimates must be approved by the town prior to the
commencement of work. The town reserves the right to refuse payment of its 50 percent of total
costs if invoices are submitted for payment without such other prior approval.
(2) Request that the town secure contractor's price quotations in the course of procuring
similar services for the town itself, whereupon, the town will forward those estimates to the
owner for review. Upon written acceptance of a proposal by the owner, the town will proceed
with the necessary contract work and will bill the owner for 50 percent of the total costs plus
permit fees.
(3) Request that the town include the replacement or repair of his property's sidewalk or
portion thereof during the course of a town project currently planned or underway at the time of
the request. In the event that an owner elects this option, it is specifically understood that the
project work will be performed by the contractor chosen by the town for the ancillary project
planned or underway and that the owner will not participate in the selection of that contractor.
The town will, however, provide the owner electing this option with an estimate of the cost of his
replacement or repair, based on the unit price quoted by the contractor performing the town's
work. The town will bill the owner for 50 percent of the total costs plus permit fees associated
with his property's sidewalk upon completion of the project.
(b) Subsection (a) of this section shall apply only if moneys are available in the town's budget.
(c) This section shall not be construed to include the construction of a new sidewalk at the request of
an owner.
Sec. 28-174. – PARTICIPATION IN A COST-SHARE PROGRAM FOR REPAIRS REQUESTED BY OWNER.
(a) PROPERTY OWNERS WHO DESIRE TO REPAIR OR REPLACE THEIR OWN SIDEWALKS OR
PORTION THEREOF MAY REQUEST TO PARTICIPATE IN A COST-SHARE PROGRAM AS FOLLOWS:
(1) THE COST-SHARE PROGRAM SHALL APPLY ONLY IF FUNDING IS ALLOCATED AND
AVAILABLE IN THE APPLICABLE FISCAL YEAR BUDGET.
(2) THE PROPERTY OWNER MUST NOT HAVE ANY OTHER OUTSTANDING CODE
ENFORCEMENT MATTERS WITH THE TOWN OF BERLIN.

8.10.26 M&C Packet_pg.32 of 56

Ord. ’26-05
Page 4 of 6
(3) THE PROPERTY OWNER MUST BE CURRENT ON ANY ACCOUNTS OR BILLS WITH
THE TOWN OF BERLIN, INCLUDING UTILITIES, MISCELLANEOUS ACCOUNTS RECEIVABLE,
FINES OR PENALTIES OR ANY OTHER OUTSTANDING MATTER, INCLUDING REAL OR
PERSONAL PROPERTY TAXES WHETHER BILLED DIRECTLY BY THE TOWN OF BERLIN OR
THROUGH A THIRD-PARTY ON BEHALF OF THE TOWN.
(4) THE PROPERTY OWNER OR AGENT MUST SUBMIT APPLICATION ON THE
PRESCRIBED FORM TO THE TOWN ADMINISTRATOR TO REQUEST PARTICIPATION IN THE
COST-SHARE PROGRAM FOR SAID REPAIRS. SUCH APPLICATION IS SUBJECT TO
APPROVAL AND THE AVAILABILITY OF BUDGETED FUNDS.
(5) SUBMISSION TO THE APPROPRIATE DEPARTMENT FOR ANY REQUIRED PERMIT. IF
PARTICIPATING IN THE COST-SHARE PROGRAM, THE PERMIT FEE SHALL BE WAIVED.
(6) THIS SECTION IS APPLICABLE FOR REPAIR OR REPLACEMENT OF EXISTING
SIDEWALK DETERMINED TO BE IN HAZARDOUS CONDITION AND SHALL NOT BE
CONSTRUED TO INCLUDE THE CONSTRUCTION OF A NEW SIDEWALK WHERE NONE
EXISTS.
(b) PARTICIPATION IN THE COST-SHARE PROGRAM SHALL BE BY EITHER OF THE FOLLOWING
MEANS:
(1)

COMPLETION BY THE OWNER OR BY A CONTRACTOR/EMPLOYEE OF THE OWNER.
(A)
PRIOR TO COMPLETION OF THE WORK BY THE OWNER OR THE OWNER’S
AGENT, APPLY FOR APPROVAL FOR FUNDING REIMBURSEMENT FROM THE TOWN
THROUGH A PRESCRIBED AND ACCEPTABLE PROCESS.
(B)
SECURE AN APPROPRIATELY LICENSED CONTRACTOR’S SERVICES
PRIVATELY AND SUBMIT INVOICES WITH PROOF OF PAYMENT UPON COMPLETION
OF THE WORK.
(C)
THE TOWN SHALL INSPECT AND VERIFY THAT THE WORK IS ACCEPTABLE
TO THE TOWN AND MEETS TOWN STANDARDS.
(D)
UPON APPROVAL OF THE COMPLETED WORK, THE TOWN WILL REIMBURSE
THE PROPERTY OWNER FOR FIFTY-PERCENT (50%) OF THE TOTAL COST AND TO A
MAXIMUM AMOUNT AS DETERMINED BY THE MAYOR AND COUNCIL. THE TOWN
RESERVES THE RIGHT TO REFUSE REIMBURSEMENT OF ITS PORTION OF TOTAL
COSTS IF INVOICES ARE SUBMITTED FOR PAYMENT WITHOUT SUCH OTHER PRIOR
APPROVAL.

(2)

INCLUSION IN WORK UNDER A TOWN PROJECT.
(A)
REQUEST THAT THE TOWN INCLUDE THE REPLACEMENT OR REPAIR OF THE
PROPERTY'S SIDEWALK OR PORTION THEREOF DURING THE COURSE OF A TOWN
PROJECT CURRENTLY PLANNED OR UNDERWAY AT THE TIME OF THE REQUEST.

8.10.26 M&C Packet_pg.33 of 56

Ord. ’26-05
Page 5 of 6
(B)
IN THE EVENT THAT AN OWNER ELECTS THIS OPTION, IT IS SPECIFICALLY
UNDERSTOOD THAT THE PROJECT WORK WILL PERFORMED BY THE CONTRACTOR
CHOSEN BY THE TOWN FOR THE ANCILLARY PROJECT PLANNED OR UNDERWAY
AND THAT THE OWNER WILL NOT PARTICIPATE IN THE SELECTION OF THAT
CONTRACTOR NOR HAVE DETERMINATION OF THE TIMING OF SUCH WORK.
(C)
THE TOWN WILL PROVIDE THE OWNER ELECTING THIS OPTION WITH AN
ESTIMATE OF THE COST OF THE APPLICABLE REPLACEMENT OR REPAIR, BASED ON
THE UNIT PRICE QUOTED BY THE CONTRACTOR PERFORMING THE TOWN'S WORK
AND THE OWNER WILL PROVIDE WRITTEN ACCEPTANCE OF SAID PROPOSAL.
(D)
THE OWNER WILL PAY THE TOWN FIFTY-PERCENT (50%) OF THE ESTIMATED
COST.
(E)
IN THE EVENT THAT THE FINAL COST FOR REPAIR/REPLACEMENT OF THE
APPLICABLE SIDEWALK DIFFERS FROM THE ESTIMATE, THE TOWN SHALL
REIMBURSE OR INVOICE THE OWNER THE DIFFERENCE TO MEET THE FIFTYPERCENT (50%) COST. IF THE OWNER IS INVOICED FOR THE BALANCE AND SAID
INVOICE IS NOT PAID WITHIN THE TIMEFRAME INDICATED, THE TOWN SHALL
PROCEED WITH LEGAL ACTION TO COLLECT THE AMOUNT OWED TO THE FULLEST
EXTENT OF THE LAW.
(3) THIS SECTION SHALL NOT BE CONSTRUED TO INCLUDE THE CONSTRUCTION OF A
NEW SIDEWALK AT THE REQUEST OF AN OWNER.
(4) LACK OF THE ABILITY TO PARTICIPATE IN THE COST-SHARE PROGRAM IN A GIVEN
BUDGET YEAR DOES NOT ALLEVIATE THE RESPONSIBILITY OF THE PROPERTY OWNER
FOR ADHERENCE TO THE REQUIREMENTS OF THIS SECTION OF THE CODE OF THE
TOWN, NOR OF THE FINANCIAL BURDEN OF SUCH.

8.10.26 M&C Packet_pg.34 of 56

Ord. ’26-05
Page 6 of 6
THIS ORDINANCE was introduced and read at a meeting of the Town Council held on the ___________ day
of _______________________________, 2026, and thereafter a statement of the substance of the Ordinance
having been published as required by law.

A PUBLIC HEARING was held and this Ordinance was adopted this ___________ day of
_______________________________, 2026, by the Mayor and Council of the Town of Berlin, Maryland, by the
vote as indicated below:
Name

Counted toward Quorum
Aye
No Abstain

Recused

Absent

Dean Burrell, VP
Steve Green
Jay Knerr
Shaneka Nichols
Jack Orris
Voting Tally

Dean Burrell, Vice-President

Approved on this

day of

, 2026 by the Mayor of the Town of Berlin

and therefore effective twenty (20) calendar days later on the

day of

, 2026.

Zackery Tyndall, Mayor and President of Council

ATTEST: Mary Bohlen, Town Administrator

8.10.26 M&C Packet_pg.35 of 56

Agenda Item 5 a

MOTION OF THE MAYOR AND COUNCIL 2026-46

A motion of the Mayor and Council of the Town of Berlin APPROVING THE SIDEWALK COST SHARING
PROGRAM/REQUEST FORM AS ATTACHED.
APPROVED this ______day of _______________, 2026, by the Council of the Town of Berlin, Maryland,
by the vote as indicated below:
Name

Counted toward
Quorum
Aye
No Abstain

Recused

Absent

Dean Burrell, VP
Steve Green
Jay Knerr
Shaneka Nichols
Jack Orris
Voting Tally
_____________________________________
Dean Burrell, Sr. Vice President of the Council
Approved this ____day of _____________, 2026, by the Mayor of the Town of Berlin.
_____________________________________
Zack Tyndall, Mayor, President of the Council
Attest: ___________________________
Mary Bohlen, Town Administrator

8.10.26 M&C Packet_pg.36 of 56

Mayor & Council of Berlin
10 William Street, Berlin, Maryland 21811
Phone 410-641-2770
Fax 410-641-2316
www.berlinmd.gov

SIDEWALK COST SHARING PROGRAM
Property Owner Information:
Name:
Phone Number:
Property
Address:
Owner Address

Email:
Residential
Commercial/Non-Residential

(if different than
above):

Pursuant to Chapter 28, Article V of the Code of the Town of Berlin, maintenance and repair of sidewalks abutting
to private property is the responsibility of the property owner. The Town offers a cost-sharing program for the
repair and replacement of such sidewalks subject to budget appropriation in a given year.
If you would like to be considered for the Cost Sharing Program, please complete the application below.
Applications must be submitted no later than April 30 annually.
The Cost-Sharing program is subject to the following conditions:
1. The Mayor and Council have allocated a set portion of the Fiscal Year budget for this program.
2. Cost-Sharing is limited to an amount not to exceed 50% of the cost of the work up to a maximum of $1,000,
excluding permit fees per applicant.
3. Availability for participation is on a first-come, first-served basis and subject to the approval of appropriate
Town Departments and the Town Administrator.
4. The Mayor and Council reserves the right to terminate the program at any time and re-allocate available
funding, regardless of applications that may be outstanding.
5. The Town of Berlin is not a party to any agreements made between the property owner and a private
contractor for the completion of any associated work, or any warranty or guarantee of such work.
6. Participation in the Cost-Sharing Program does not relieve the property owner of responsibility for any
associated or separate provisions of the property maintenance codes of the Town of Berlin, including for
portions of sidewalk not funded under the program.
7. By signing below, the property owner agrees to the specific conditions applicable to this agreement and
further described below and in Chapter 28, Article V of the Code of the Town of Berlin:

□

Trees/tree roots: The owner acknowledges that an existing tree(s) is/are planted within five-feet (5’) of

the sidewalk. Such tree shall be removed by the owner fully at their expense within thirty-days of approval
for participation in this cost-share program and the owner shall agree to not plant or replant any trees
within 5 feet of the repaired section of sidewalk. Failure to remove the tree by
[Date]___________________________ shall be considered a withdrawal of this application.

□

Other:

Continues on reverse
8.10.26 M&C Packet_pg.37 of 56

Additional Information:
Approx. sq. footage of sidewalk to be repaired: ___________

Signature indicates understanding of the terms of the program:

This area for office use only
Dept.
Utility Billing
Finance
Planning
Taxes (inc. Wor. County)
Planning
Other

None

Date:

Attached

Project to be completed:
By owner
Part of Town Project: ____________________________________________________________________________
Permitting:
Application date: ________________________ Fee Paid: $___________________Waived
Permit Number: ________________________
Issue Date: _____________________________
Inspection/Acceptance:
Inspection performed by: ______________________________________________ Date: ________________________
Approved:

Yes

No

Inspection Notes: _____________________________________________________________

__________________________________________________________________________________________________
Approval for Reimbursement:
Signed: ______________________________________________________
Submitted for Reimbursement:
Date: _____________________________ Account Number: ________________________________________
Attach print-out.
Attach pictures/drawings, etc. of the subject project, contractor agreement(s), invoices, etc.

8.10.26 M&C Packet_pg.38 of 56

Mayor & Council of Berlin
10 William Street, Berlin, Maryland 21811
Phone 410-641-2770
Fax 410-641-2316
www.berlinmd.gov

SIDEWALK COST SHARING PROGRAM
Property Owner Information:
Name:
Phone Number:

Email:

Property
Address:
Owner Address
(if different than
above):

Pursuant to Chapter 28, Article V of the Code of the Town of Berlin, maintenance and repair of sidewalks abutting
to private property is the responsibility of the property owner. The Town offers a cost-sharing program for the
repair and replacement of such sidewalks subject to budget appropriation in a given year.
If you would like to be considered for the Cost Sharing Program, please complete the application below.
Applications must be submitted no later than April 30 annually.
The Cost-Sharing program is subject to the following conditions:
1. The Mayor and Council have allocated a set portion of the Fiscal Year budget for this program.
2. Cost-Sharing is limited to an amount not to exceed 50% of the cost of the work up to a maximum of $1,000.
3. Availability for participation is on a first-come, first-served basis and subject to the approval of appropriate
Town Departments and the Town Administrator.
4. The Mayor and Council reserves the right to terminate the program at any time and re-allocate available
funding, regardless of applications that may be outstanding.
5. The Town of Berlin is not a party to any agreements made between the property owner and a private
contractor for the completion of any associated work, or any warranty or guarantee of such work.
6. Participation in the Cost-Sharing Program does not relieve the property owner of responsibility for any
associated or separate provisions of the property maintenance codes of the Town of Berlin, including for
portions of sidewalk not funded under the program.
7. By signing below, the property owner agrees to the specific conditions applicable to this agreement and
further described below and in Chapter 28, Article V of the Code of the Town of Berlin:

□

Trees/tree roots: The owner acknowledges that an existing tree(s) is/are planted within five-feet (5’) of

the sidewalk. Such tree shall be removed by the owner fully at their expense within thirty-days of approval
for participation in this cost-share program and the owner shall agree to not plant or replant any trees
within 5 feet of the repaired section of sidewalk. Failure to remove the tree by
[Date]___________________________ shall be considered a withdrawal of this application.

□

Other:

Continues on reverse
8.10.26 M&C Packet_pg.39 of 56

Additional Information:
Approx. sq. footage of sidewalk to be repaired: ___________

Signature indicates understanding of the terms of the program:

This area for office use only
Dept.
Utility Billing
Finance
Planning
Taxes (inc. Wor. County)
Planning
Other

None

Date:

Attached

Project to be completed:
By owner
Part of Town Project: ____________________________________________________________________________
Permitting:
Application date: ________________________ Fee Waived
Permit Number: ________________________
Issue Date: _____________________________
Inspection/Acceptance:
Inspection performed by: ______________________________________________ Date: ________________________
Approved:

Yes

No

Inspection Notes: _____________________________________________________________

__________________________________________________________________________________________________
Approval for Reimbursement:
Signed: ______________________________________________________
Submitted for Reimbursement:
Date: _____________________________ Account Number: ________________________________________
Attach print-out.
Attach pictures/drawings, etc. of the subject project, contractor agreement(s), invoices, etc.

8.10.26 M&C Packet_pg.40 of 56

Agenda Item 5 b

MOTION OF THE MAYOR AND COUNCIL 2026-47

A motion of the Mayor and Council of the Town of Berlin APPROVING THE REQUEST FOR PROPOSALS
2026-07 BOTTLE BRANCH SEWER LINING.
This project is budgeted at $300,000 for FY27 under 24-5810-5255.
APPROVED this ______day of _______________, 2026, by the Council of the Town of Berlin, Maryland,
by the vote as indicated below:
Name

Counted toward
Quorum
Aye
No Abstain

Recused

Absent

Dean Burrell, VP
Steve Green
Jay Knerr
Shaneka Nichols
Jack Orris
Voting Tally
_____________________________________
Dean Burrell, Sr. Vice President of the Council
Approved this ____day of _____________, 2026, by the Mayor of the Town of Berlin.
_____________________________________
Zack Tyndall, Mayor, President of the Council
Attest: ___________________________
Mary Bohlen, Town Administrator

8.10.26 M&C Packet_pg.41 of 56

RFP #2026-07 Bottle Branch Road Sewer Lining
ADVERTISEMENT
TOWN OF BERLIN
REQUEST FOR PROPOSALS
RFP # 2026-07
BOTTLE BRANCH ROAD SEWER LINING
Due Date: September 3, 2026
Time: 2:00 pm EST
The Town of Berlin is seeking Proposals for the rehabilitation of 9 sanitary sewer manholes, and the installation
of approximately 1,975 LF of 15” UV CIPP Liner along Bottle Branch Road, Berlin MD. This project is funded solely
by the Town of Berlin. Disadvantaged, Minority, and Women owned businesses are encouraged to apply.
Qualified contractors are encouraged to visit the Town of Berlin website at berlinmd.gov/government/requestfor-proposals/ or contact Director of Water Resources Jamey Latchum at 410-641-3845/ [email protected]
for the official RFP.
Project plans and specifications are available for purchase through Davis, Bowen & Friedel Inc. Interested bidders
are encouraged to contact Davis, Bowen & Friedel Inc, by phone at 410-543-9091 or by email at [email protected].

Page 1 of 10

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RFP #2026-07 Bottle Branch Road Sewer Lining
GENERAL INFORMATION
NOTICE: Notice is hereby given that proposals will be received by the Town of Berlin, Maryland for the completion
of work described herein, by submitting to the Town by the date and time and at the location as indicated herein.
RFP # 2026-07
Bottle Branch Road Sewer Lining
Due Date: September 3, 2026
Time: 2:00 pm EST
Deliver submittals to:
Mary Bohlen, Town Manager
Town of Berlin
14 William St.
Berlin, MD. 21811
Attn: RFP #2026-07
The Town of Berlin (the “Town”) is seeking Contractor (“Bidder”) proposals for the Bottle Branch Road Sewer
Lining project. This project consists of the rehabilitation of 9 sanitary sewer manholes, and the installation of
approximately 1,975 LF of 15” UV CIPP Liner along Bottle Branch Road, Berlin MD. All work is located along Bottle
Branch Road, Berlin, Maryland 21811. Proposals must be submitted to the address above, by the date and time,
and in the format indicated herein.
This project is funded solely by the Town of Berlin.
It is the responsibility of potential bidders to thoroughly review this Request for Proposal and the Contract
Documents and ensure their full understanding of the same.
Proposals received after the due date/time will not be considered. Bidders accept all risks of late delivery of
emailed, mailed, or shipped submittals regardless of fault.
The Town of Berlin reserves the right to reject any and all submittals and to waive irregularities and informalities
in the submittal and evaluation process. This Request for Proposals (“RFP”) does not obligate the Town to pay any
costs incurred by bidders in the preparation and submission of their proposal. Furthermore, the RFP does not
obligate the Town to accept or contract for any expressed or implied services.
It is the Town of Berlin's policy to assure that no person shall, on the grounds of race, color, religion, sex or national
origin, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the
benefits of, or be otherwise discriminated against.
The Town is committed to a program of equal employment opportunity regardless of race, color, creed, sex, age,
nationality, disability, or sexual orientation. The successful bidder (“Contractor”) must comply with the Town of
Berlin’s equal opportunity requirements.

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RFP #2026-07 Bottle Branch Road Sewer Lining
ABOUT BERLIN: The Town of Berlin is a community of approximately 5,000 people located on Maryland’s eastern shore. The Town operates
under a Strong Mayor form of government. Berlin provides the following services to the community’s residents: police, public works, parks,
water, wastewater, stormwater, electricity, economic development, planning, code enforcement, engineering (under contract), and
general administration. The Town operates on a one-year budget cycle from July 1 through June 30.

A. SCOPE OF SERVICES
The Town of Berlin seeks to enter into a contract with a qualified Contractor for the rehabilitation of 9 sanitary
sewer manholes, and the installation of approximately 1,975 LF of 15” UV CIPP Liner, and all ancillary work.
All work shall be performed in accordance with the Contract Documents, including this RFP, Drawings, Technical
Specifications, and the applicable general requirements of the Town of Berlin Design and Construction Standards
for Water, Sewer, and Roadway Systems.
B. SPECIFICATIONS
1. Refer to the Project Specifications, available for purchase from Davis, Bowen, & Friedel Inc. For additional
information please contact Nick Bradley at [email protected].

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RFP #2026-07 Bottle Branch Road Sewer Lining
C. MINIMUM REQUIREMENTS
1. Work shall be started within 30 calendar days of Notice to Proceed).
2. Contract Time: Work shall be completed within 60 calendar days of start date. Liquidated Damages of
$500.00 per day shall be charged to the Contractor to cover cost overruns beyond the Contract Time.
3. Contractor is responsible for, at a minimum:
a. Notification of appropriate agencies as required by regulations prior to start of work.
b. Complete traffic control as required, including applying for and obtaining a MDSHA Traffic Control
permit and any associated permit fees.
c. Sewer services shall remain in service for the duration of the project with minimal temporary
interruptions. Services shall be reinstated by the end of each work day.
d. Arrangements for staging of equipment and materials; the Town of Berlin shall assist in determining
suitable locations, however, if non-Town owned property is used for staging, it shall be the full
responsibility of the contractor to enter into any agreement(s) with property owners, including
negotiation and any compensation required.
4. Contractor shall ensure that personnel working on site shall be appropriately supervised to ensure the
completion of duties per the contract.
5. Contractor and their personnel shall conduct themselves in a professional manner and shall take
reasonable care to ensure the safety and comfort of residents and visitors to the Town.
6. Contractor shall take reasonable care to ensure the cleanliness of the streets, sidewalks, parking areas
and other affected areas during deliveries.
7. Workday hours shall begin no earlier than 8:00 AM and shall end no later than 4:00 PM, including set-up
and clean-up, Monday through Friday, excluding scheduled holidays. Work outside the hours indicated
above shall be done only with the express permission of the Town.
8. All work shall comply with the Code of the Town of Berlin, Article III Noise, §14-43(4).
9. A two-year warranty is required for all work performed within the project.
10. In addition to the section indicated above, Contractor shall adhere to all other applicable regulations of
the Town of Berlin, State of Maryland and any other entity or agency with authority over projects of this
nature.

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8.10.26 M&C Packet_pg.45 of 56

RFP #2026-07 Bottle Branch Road Sewer Lining
D. CONTACT INFORMATION
Director of Water Resources, Jamey Latchum
Berlin Town Hall
10 William Street
Berlin, MD 21811
Phone: 410-641-3845
Email: [email protected]
All questions and concerns must be submitted to Mr. Latchum [email protected] and Nick Bradley
[email protected]; information gathered from any other individual, including other employees of the Town
unless specified by Mr. Latchum, may not be used in the preparation of this bid.
It is the responsibility of the bidder to make a full assessment of any factors which will influence the
appropriate completion and final cost of the project.
E. MINIMUM REQUIREMENTS FOR CONTRACTORS
1. A minimum of five (5) years’ experience with UV CIPP Lining of Sanitary Sewer, and Manhole
Rehabilitation.
2. Appropriate licensure, certifications, permits required for completion of the project.
F. SUBMITTAL REQUIREMENTS
Dates and times applicable to RFP #2026-07 are on the following pages. Responses to RFP #2026-07 must include
the following information:
1. Statement of all relevant licensure, certifications and qualifications as applicable for the completion of the
project.
2. A minimum of three (3) references relating to the services being requested with full name, title, address,
phone number, email; references from Maryland municipalities preferred.
3. The completed C410 Bid Form.
4. The completed Signature page as included in this RFP.
5. The completed List of Proposed subcontractors (if applicable) included in this RFP.
6. The completed C430 Bid Bond Penal Sum Form as included in the project specifications, and the associated
bid bond documentation.
7. All additional documents and forms as listed under Article 2 of the C410 Bid Form.
8. Additionally, bidders are encouraged to submit a narrative describing the expectations for execution of
the contract within the Town of Berlin to include:
o Scheduling of work to include a general idea of progression of work.
o An estimate of the number of personnel expected to be onsite at a given time.
o Any specific needs the contractor anticipates.
o Any other information the bidder feels is relevant for consideration.

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RFP #2026-07 Bottle Branch Road Sewer Lining
9. Hard-copy and electronic-copy submittals will be accepted. Regardless of the delivery method, it is the
responsibility of the bidder to ensure delivery by the deadline. Bid packages submitted electronically shall
be emailed to both of the following email addresses; Mary Bohlen [email protected] and Kate
Daub [email protected]. The Town encourages double-sided printing where appropriate. Hard-copy
submissions must be submitted in a sealed envelope addressed to;
Town of Berlin RFP #2026-07
Attn: M. Bohlen, Town Manager
14 South Main Street
Berlin, MD 21811
• PROPRIETARY PROPOSAL MATERIAL: Any proprietary information revealed in the proposal should be clearly
identified as such.
• SIGNATURES: Proposal shall be signed by one of the legally authorized officers of said corporation. If awarded
the contract, the Contract shall also be so executed.

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RFP #2026-07 Bottle Branch Road Sewer Lining
G. DEADLINES AND IMPORTANT DATES:
Thursday August 20, 2026 at 2:00 pm EST – NON-MANDATORY Pre-Bid Meeting: Pre-bid Meeting shall be held
aloud at the Berlin Police Department, 129 Decatur Street, Berlin, MD 21811 and will be followed by site visit(s) if
requested.
Thursday, August 27, 2026 at 5:00 pm EST – Deadline to submit questions: Questions from potential Bidders are
due via email to Jamey Latchum at [email protected] and Nick Bradley at [email protected]. Please note:
With the exception of questions asked during site visit(s), questions received after this deadline, and questions
that are phoned, faxed, sent through regular mail, or submitted via any other method or to any other email
address will not be accepted. Oral responses or responses to questions submitted in any other format or to any
other person will be non-binding. Individual responses to questions will not be provided; all questions and answers
will be compiled into one document to be posted as indicated below.
Monday, August 31, 2026 at 5:00 pm EST – Posting of responses: Responses to questions from potential Bidders
will be posted at the following link by the deadline. It is the responsibility of potential Bidders to visit the website
for this information http://berlinmd.gov/government/request-for-proposals/.
Thursday, September 3, 2026 at 2:00 pm EST – Due Date for Proposals: Proposals shall be submitted per the
Submittal Requirements as indicated on the preceding page(s) and must be received by the deadline. A public bid
open will be held at 2:30 pm, at which time proposals will be publicly opened and read aloud at the Berlin Police
Department, 129 Decatur Street, Berlin, MD 21811. Proposals received after the due date and time of 2:00 pm
will not be considered. Regardless of the delivery method, it is the responsibility of the bidder to ensure delivery
by the deadline.
H. EVALUATION CRITERIA AND AWARD OF CONTRACT
The following shall be considered in evaluating submissions and awarding a contract:
▪ Experience of Contractor with similar projects.
▪ Information acquired from municipal references.
▪ Overall quality of proposal.
▪ Project understanding.
▪ Anticipated project cost.
▪ Anticipated project schedule.
The Town may select a limited number of bidders for in-person interviews before a selection committee.
The Town reserves the right to reject any and all submittals and to waive irregularities and informalities in the
submittal and evaluation process. This RFP does not obligate the Town to pay any costs incurred by bidders in the
preparation and submission of their qualifications. Furthermore, the RFP does not obligate the Town to accept or
contract for any expressed or implied services.
It is the practice of the Town to make award based on the lowest responsible bid. The Town reserves the right to
accept or reject any and all submissions and the right to award contract based on factors other than cost.

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RFP #2026-07 Bottle Branch Road Sewer Lining
• CONTRACT AWARD: The Town reserves the right to make an award without further discussion of the submittals.
The installer selected as the apparently successful contractor will be expected to enter into a contract with the
Town. Following notification of selection, the successful bidder review and execute the Standard Town
Agreement. The Town shall not be bound, or in any way obligated, until both parties have executed the
agreement. No party may incur any chargeable costs prior to the execution of the final Contract.
• CONTRACT NEGOTIATION: The Town reserves the right to negotiate all elements of the submittals, proposals,
terms and conditions, and/or scope of work as part of the contract negotiation process prior to any formal
authorization of the Contract by the Town.
Unless specifically negotiated and mutually agreed upon, all applicable specifications of this Request for Proposals
shall be considered as terms of the contract and shall not be overwritten or eliminated by conflicting language in
the actual contract document.
• EQUAL OPPORTUNITY EMPLOYMENT: The successful contractor or contractors must comply with the Town of
Berlin equal opportunity requirements. The Town of Berlin is committed to a program of equal employment
opportunity regardless of race, color, creed, sex, age, nationality or disability.
• TITLE VI: It is the Town of Berlin’s policy to assure that no person shall, on the grounds of race, color, national
origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied
the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities.
• INSURANCE REQUIREMENTS: The Town shall be named as an Additional Insured on the successful bidder’s
contract. Insurance coverage needs to be in at least the following amounts:
a. Commercial/General Liability: Each Occurrence - $1,000,000; medical expenses - $10,000
b. Vehicle Liability: $1,000,000
c. Workers Compensation: $1,000,000
The cost of such insurance shall be paid by the contractor.
It shall be the responsibility of the successful contractor to ensure that appropriate insurance is maintained by
any subcontractors associated with the project.
• HOLD HARMLESS: The Town of Berlin and their consultants shall be held harmless against claims for injuries to
persons or damages to property, errors, omissions or professional liability that may arise from or in connection
with the performance of work hereunder by the selected contractor, his agents, representatives, employees or
subcontractors.
• NON-ENDORSEMENT: As a result of the selection of a contractor to supply products and/or services to the Town,
the Town does not agree to the contractor’s reference to the Town in any literature, promotional material,
brochures, sales presentation or the like without the express written consent of the Town.
• COMPLIANCE WITH LAWS, REGULATIONS, AND POLICIES: In addition to nondiscrimination and affirmative
action compliance requirements previously listed, the contractor or contractors ultimately awarded a contract
shall comply with federal, state and local laws, statutes and ordinances relative to the execution of the work and
other applicable provisions. This requirement includes, but is not limited to, protection of public and employee
safety and health; environmental protection; waste reduction and recycling; the protection of natural resources;
permits; fees; taxes; and similar subjects, including satisfaction of any outstanding payables to the Town of Berlin,
whether related to the Contractor’s business or personal account(s).
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8.10.26 M&C Packet_pg.49 of 56

Agenda Item 5 c

MOTION OF THE MAYOR AND COUNCIL 2026-41

A motion of the Mayor and Council of the Town of Berlin APPROVING THE FURNITURE FOR THE TOWN
HALL RENOVATION PROJECT.
This payment will be expensed as a part of the General Fund Building and Grounds Capital Project, line
item 01-5130-5255.
APPROVED this ______day of _______________, 2026, by the Council of the Town of Berlin, Maryland,
by the vote as indicated below:
Name

Counted toward
Quorum
Aye
No Abstain

Recused

Absent

Dean Burrell, VP
Steve Green
Jay Knerr
Shaneka Nichols
Jack Orris
Voting Tally
_____________________________________
Dean Burrell, Sr. Vice President of the Council
Approved this ____day of _____________, 2026, by the Mayor of the Town of Berlin.
_____________________________________
Zack Tyndall, Mayor, President of the Council
Attest: ___________________________
Mary Bohlen, Town Administrator

8.10.26 M&C Packet_pg.50 of 56

BERLIN TOWN HALL — FURNITURE PACKAGE
Manufacturer Price Comparison — Full Package

Line Item

Indiana Furnishings

Teknion

Three H

RECOMMENDED · MID-PRICE

Office, Conference & Council Chambers
Furniture

$136,670.85

$119,981.14

$98,458.40

Art & Design Package

$16,500.00

$16,500.00

$16,500.00

Council Chamber Seating — Vox

$10,391.40

$10,391.40

$10,391.40

Conference Room, Guest, and Task (Staff
Office) Seating

$58,791.32

$58,791.32

$58,791.32

Specifications & Design Fee

$2,100.00

$2,100.00

$1,100.00

INCL

INCL

INCL

$29,687.50

$29,687.50

$28,687.50

$254,141.07

$237,451.36

$213,928.62

core package — varies by manufacturer

reduced scope per council request

held constant across all options

Freight
Delivery & Installation

TOTAL PACKAGE PRICE
Notes

• Teknion is recommended as the mid-price option, positioned between Indiana Furnishings and Three H for the core furniture package.
• Council Chamber Seating pricing is unchanged across all three options.
• Conference Room, Guest, and Task Seating pricing reflects current quotes with reduction in conference room chair cost.
• Art & Design Package reflects reduced scope per council request.
SPECIAL PRICING INCENTIVES: OMNIA Contract:
Teknion: Furniture, Installation, and Related Services
Region 4 ESC - TX | R240116
Furniture, Installation and Related Products & Services
City of Charlotte, NC | 2020000610
Humanscale: Ergonomic Workplace Solutions
Region 4 ESC - TX | R221002
9to5: Furniture Region 14 ESC - TX | 07-73
Three H: Contract No. Start Date Expiration Date Revised 07-124
09/01/22 09/30/26 09/15/2025
NOTE: THREE H is offering below OMNIA pricing as an incentive and the Town of Berlin is able to use the OMNIA purchasing contract.
Berlin Town Hall Furniture Procurement Presentation

1

8.10.26 M&C Packet_pg.51 of 56

BERLIN TOWN HALL — FURNITURE PACKAGE
Manufacturer Price Comparison — Furniture Only

Line Item

Indiana Furnishings

Teknion

Three H

RECOMMENDED · MID-PRICE

Office, Conference & Council Chambers
Furniture

$136,670.85

$119,981.14

$98,458.40

Council Chamber Seating — Vox

$10,391.40

$10,391.40

$10,391.40

Conference Room, Guest, and Task (Staff
Office) Seating

$58,791.32

$58,791.32

$58,791.32

$205,853.57

$189,163.86

$167,641.12

core package — varies by manufacturer

held constant across all options

FURNITURE SUBTOTAL
Notes

• Reflects office, conference, and council chambers furniture and seating only — excludes Art & Design, Specifications & Design Fee, Freight, and Delivery & Installation.
• $21,522.74 difference between Teknion and Three H over 27 spaces which represents less than $800 per space for an increase in quality, durability, longevity, ease of use, etc.
General Comparison:
TEKNION
•
•
•
•
•
•
•
•
•

Built specifically for long-term commercial office use.
Meets and exceeds strict ANSI/BIFMA standards, which require rigorous testing for heavy daily
use.
Uses strong steel frames, heavy-duty ball-bearing drawer slides, and high-pressure laminates
for maximum durability.
ANSI certification helps ensure product safety and performance.
Excellent power and cable management, keeping wires concealed and organized.
Designed to be retrofitted, meaning power and electrical components can be replaced or
upgraded without replacing the entire furniture piece.
Backed by a limited lifetime warranty on many components.
Offers a refresh and refurbishment program to extend the life of furniture.
Repairs and upgrades can often be completed without significant disruption to employees.

THREE H
•
•
•
•
•
•
•
•
•

Also designed for commercial use and is considered durable.
Most products are built with commercial-grade particleboard cores and high-pressure
laminates that can handle daily office use.
Desks and storage products are covered by a limited lifetime warranty for structural
components.
Moving parts and mechanisms have a 5-year warranty.
Power components have only a 1-year warranty.
Finishes are covered for 3 years.
Does not offer a refurbishment program.
Warranty claims may require full furniture replacement rather than repairing or upgrading
components.
Full replacements can result in longer downtime and workplace disruption while waiting for
new parts or furniture.

Berlin Town Hall Furniture Procurement Presentation

2

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Agenda Item 6

August 10, 2026
Weekly Report

Departments This Week:
Town Administrator
SAVE THE DATE: REMINDER: Unless otherwise noted, meetings will be held at the Berlin Library until Town Hall
Renovations are completed.
•
•
•
•
•

Tuesday, August 4: National Night Out, Henry Park
Monday, August 10, 5:15 PM: Town Hall Walkthrough
Monday, August 10: Closed TBD; Regular Session 6:00 PM
Monday, August 24: Closed TBD; Regular Session 6:00 PM
Monday, August 31, 5:00 PM: Planning Commission Work Session regarding the Comprehensive Plan.
This is a Work Session of the Planning Commission to review the first draft but is open to the public.
Please advise Kate if you plan to attend as an audience member so that we can issue a notice of
quorum.
o Ryan has been working with the Fire Marshal's office drafting an Ordinance regarding Fire Pits. This

will be on the agenda for August 10th for first reading; public hearing scheduled for August 24th.
Effective date will therefore be (assuming passage) September 14th, which should get it ahead of fire
pit season.
Economic and Community Development
• Taught a session for MEDA and DHCD as part of the Association's class panel
• Updated berlinmainstreet.com
• Prepping for upcoming events, Christmas included
• Landed a grant from the Worcester County Arts Council for pumpkin carving during Oktoberfest
• The Berlin Farmers Market Halloween Pet Parade planning
• Completed DHCD grant training
• IMPACT Fee meeting and research
• Working on content and design for our history brochure and the new Berlin mural tour
• Meeting with April Payne and representatives from Snow Hill and Pocomoke regarding newly passed
into law per diem alcohol to-go licensing and permitting
Electric
• Changed out an overhead transformer on Flower St
• Replaced faulted OH transformer on Franklin Ave
• Installed new Underground service on Bay St
• Trimmed trees on the 220 circuit
• Read Demand meters
• Read residential meters
• Installed service on Brittney Ln.
• Meter reads and transfers
• Locate underground wires
• Generator maintenance
• Fix doors on primary wire cabinet
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Finance Director
• FY 2026 year-end performance. Closing year, reports, end-of-year entries.
• FY 2027 capital projects, water resources, and lead replacement projects.
• FY 2027 funding allocations for capital projects.
• Tyler credit card processing discussions, fees reallocation.
• Grants, water loans, public works bond, MWIFA loans.
• Bank accounts review, positive pay submissions.
• CDA Bond paperwork, requisitions for bond reimbursements.
• Delinquent accounts review.
• Public Service Commissioner's reports and submissions, PCA calculations – Michelle.
• DBF invoices review and processing.
• EA invoices review and processing.
• Credit card payments and processing – Shirley.
• Bank reconciliations – Melissa.
• Journal entries and invoices – Linda.
• Electric rate study paperwork and necessary reports for evaluation, working with Booth and Assoc-in
process.
• Water and electric meter readings - Michelle.
• Check processing and credit card payments, review registers, checks, and the Town’s card payments –
Shirley.
• Department meetings scheduled, projects, and planning.
• Employees' training, cross-training.
• GFOA standing committee virtual meetings.
• Implementation of new Tyler modules for code enforcement, assets, and project accounting,
September- October.
Human Resources Department
• Processed payroll and all related reports on 07/27/26.
• Onboarded a new police officer, Senior Officer Kara Staley, on 07/27/26 and onboarded a new
seasonal hire in Public Works, Patrick Freeman on 07/28/26.
• Scheduled Interviews for PCO scheduled for the first week of august.
• Purchased gift cards for august employees work anniversaries.
• Sorting through Administrative Assistant II applications, thankfully we have received several.
• Participated in two TTCA/FAMLI calls.
• Recertified state retirement leave for Evans and Downing after 30 days of retirement.
• PCORI payment sent.
• Quarterly leave reports out to department heads.
• Processed termination paperwork for some recent retirees and terminations.
• Open positions:
o Administrative Assistant II - Administration
o Police Communications Officer (part-time & full-time) - Police
o Police Officers - Police
Planning Department
• Preparing for HDC meeting- 8/5/26
• Preparing for BZA meeting- 8/5/26
• Preparing for Planning Commission meeting- 8/12/26
• Plan review meeting with consultant
• Impact Fees discussion virtual meeting
• Rewriting the Open Burning ordinance
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8.10.26 M&C Packet_pg.54 of 56

•
•
•
•
•
•
•
•
•
•
•

Completed MDP’s “From Planning to Implementation” online training class
Met with several residents to discuss concerns
Revising Town applications
Ongoing review of development projects
Received applications for: Building permits- 7, Grading/Excavation permits- 3, Demolition- 1, Sign
permits- 1, Fence permits- 3, Business License- 2, Contractors License- 3
Released applications for: Building permits- 6, Demo- 1, Fence- 2, Grading- 1, Sign- 2
Issued door tags/verbal warnings/corrective action letters for: Grass- 3, Traffic Obstruction- 2, Setback
violation- 1, Advertising sign- 4, Unpermitted sign- 2, Junk- 2, Abated signs- 4
Working on Receivership code
Research and digitize easements
Creation of Parks & Grounds map
Creation of Street Signs map

Police Department
• 7/31: Chief Drewer Berlin Nursing Home open house
• 8/1: Capt. Fisher, Cpl. Lloyd Blessing of the Combines Snow Hill
• 8/1: SO. Shockley, Ofc. Ebke Peach festival
• 8/4: Chief Drewer, Capt. Fisher, Sgt. Bragg, Sgt. Collins, Cpl. Bratten, Cpl. Lloyd, SO Shockley, SO Staley,
Pfc. Collins National Night Out
Public Works
• Public works helped with the Peach Fest on August 1st, another successful event. Helped with trash
and picnic tables. We implemented cones and cone bar sticks to help with pedestrian walkways.
Always working on safety.
• Henry Park is in tip-top shape for National Night Out on 8/4. Hope to see everyone there.
• We started clearing dead trees and junk trees at the Community Center. We will be removing silt fence
and cutting grass in the coming weeks.
• We continue to prepare upcoming events and projects in our parks. PW is prepping the area for the
Girl Scouts Sensory Garden that will be installed the first week of August at SDP.
• Trash and Recycling collection continues as normal.
• Daily maintenance in parks and town-owned areas is taking place as well.
• We hired Claude Littlton part-time. Claude worked in our electric department for 37 years. Claude has
been working two days a week on sweeping all town streets.
Water Resources
• Replaced the effluent flow meter at the WWTP
• Installed irrigation meter on Dueling Way
• Cybersecurity Training - HB, DB, JM, RP
• Water Disconnects throughout Town
• Gutter replacement at the Spray Irrigation Site Building
• Sewage Sludge Utilization Permit renewal application
• Held a Stormwater Pre-Bid Meeting for Westminster, Abbey, Upshur
• Pressed sludge
• HVAC Upgrades started at the WWTP
• Water Leak repair on Graham Ave.

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Check Run Report will be
posted once it is available.

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