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September 27, 2013
The Dispatch/Maryland Coast Dispatch
Page 23
. . Staff Comments Annoy Councilman
FROM PAGE 22 “My tax dollars pay for me to go to that park,” she asserted, adding that if she hires Green on occasion to help her train while at the park that’s not something the town should be involved in. Dave Gaskill, the town’s attorney, agreed that the town should be cautious in how it approaches the situation. “I think we’re searching for problems that we don’t have. And, as Dave [Engelhart] said, there’s no way to figure out whether the ordinance on the table is being adhered to or being violated,” said Gaskill. Burrell responded in a hard tone after hearing from Gaskill and Engelhart, warning them that if they can’t find a way to enforce the council’s decisions they shouldn’t be working for the town. “Another point I’d like to make to Dave and staff that are in this room: this is a policy-making body and it is your responsibility and staff’s to enforce the policies that are made here,” Burrell said. “And if you feel yourself a stalker or you feel you don’t have the ability to enforce the policies made by this group you need to move along because this is the group that decides on what you will enforce and what you will not enforce, and I think that’s clear.” The mayor, however, was more open to the town staff’s concerns over enforcement. “I don’t even know if it’s even practical to try to control activities versus the exchange of goods and services. … Does that mean that everybody else can exercise in the park except for personal trainers?” the mayor asked. In a bit of a bizarre juggle, the ordinance was passed by a 4 to 1 vote with Councilwoman Paula Lynch opposed and then repealed within five minutes, also by a 4-1 vote, with Burrell opposed. Councilman Troy Purnell made the motion to repeal after learning that, even if Green was granted permission to continue training at the park she would be required to get a $25-permonth vendor’s permit, which he found overly expensive given the circumstances. By the end of the meeting and with the original ordinance both passed then immediately repealed, the council has decided to work with Gaskill and staff in better defining the language before re-introducing the bill at a later date. Green also asked that some consideration be given to another specific rule in the ordinance that would prohibit bikes from the parks except in designated areas. She said earlier on Monday evening there were parents working with their children on riding bikes along the path. Berlin Police Department (BPD) Chief Arnold Downing, however, advised against tampering with that language, as it is actually an older rule and BPD officers will make judgment calls when they see people biking and are not likely to cite a parent with a toddler ridding a tricycle in the park.
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