TOWN OF BATH COUNCILMEETING  April 16, 2024  1. Call to ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Elizabeth Skinner (X) Greg Schene (X) Rebecca MacLeod (X) Mary Lynn Hickey (X) Tom Hall (X) Quorum present. 3. REVIEW OF MINUTES: Minutes of the Regular Meeting ofMarch 2, 2024 were 4. PERSONS BEFORE COUNCIL: President ofthe Berkeley Springs State Park Foundation Pete Gordon appeared to express his appreciation for the contributions of Bath to the Berkeley, Springs State Park, including those made during the work ofthe recent park improvement project. He invited Council to the ribbon cutting oft those Liz Campbell and Ray Winiarski ofthe Morgan County Fair Association were present to explain their Town property use application (attached). Discussion ofthe MOTION: To approve the closure of the parking spaces on the first block ofs. Washington Street and the first two spaçes on the park side ofwest Fairfax Street for the Morgan County Expo on Saturday, April 27, 2024 from 6am until 4pm-  approved by Common Consent.  improvements to be held April 19, 2024.  0  acceptable reasons for parking space closure was had.  MacLeod/Webster- Carried 5. COMMUNICATION FROM MAYOR:  The Mayor informed all that Travel Berkeley Springs will have their Uniquely WV event on Saturday, April 27, at the Ice House from 10am until 4pm. The DEA National Drug Take Back Day will be at Town Hall on April 27 from The Mayor along with Council conveyed their apprehension surrounding the possible routing oftraffic from completed areas oft the new Rt. 522 bypass directly into Town via Fairfax Street and Rt. 9 East. Large trucks and volumes of traffic on thoroughfares which are not meant for this type of congestion present unacceptable  10am until 4pm.  hazard potential.  COMMITTEE AND BOARD REPORTS  1.1 BATH! DEVELOPMENT AUTHORITY (BDA): The next meeting is May 1 at 4:30. 2. PARKS & REC: The next meeting is April 17.No report at this time. 3. PLANNING COMMISSION (PC): The next meeting is May 9. 4. RAIL/TRAIL (NBRT): The next meeting is April 24. Co-Chair Pete Brown has submitted the project progress report which includes the Berkeley Springs State Park Project and related DEP matters (attached) and was present for further clarification. An Arbor Day event is being planned for Parcel 1B landscaping phase on April 27 5. STREETSCAPE: The progress report (attached) has been submitted by Co-Chair  (brochure attached).  1    Pete Brown and was present with further details. Phase V DOH solicitation for Bid-X 6. TRAIN DEPOT: The next meeting is April 18 at the Depot at 4pm. The Committee is planning musical entertainment with Ross Martin at the Depot on the third weekends of May through September. The Town is reviewing all insurance coverage for the Depot with our insurer. The WV State Fire Marshall's Inspection Report has been received (attached) with the expected certification ofthe building including  is May 7. The next Streetscape meeting is April 18.  occupancy of 40 persons with chairs in the lobby area. 7. LANDMARK COMMISSION (HLC): No report at this time. 8. CLERK/RECORDER REPORT: No report at this time.  9. FINANCE: Chairwoman Webster presented the Town Hall in-house budget revision as prepared by Clerk Corrick and recommended for passage by Council from the MOTION: To approve the 2024 Town Hall budget revision as presented- Webster/Hickey- Carried As required by WV Code Chairwoman Webster presented the Town of Bath Levy Order and Rate Sheet for Fiscal Year July, 1, 2024 E June 30, 2025 (attached). The Notice of Approval oft the Levy Estimate has been received. MOTION: To approve the Levy Order and Rate Sheet for Fiscal Year 2024/2025 as presented with no property tax rate increase- Webster/ Skinner- Carried Chairwoman Webster delivered the following bills for approval:  Finance Committee.  (a) Town of Bath $35,349.45- Motion to approve: Webster/Hickey (b) BSWW $35,104,89-Motion to approve: Webster/Skinner- Carried (c) Tree Board $319.20- Motion to approve: Webster/Hickey- Carried (d)NBRT $630.00- Motion to approve: Webster/Hall- Carried (e) Hotel/Motel Distribution: Motion to PvCWCBsEIMAcL (f) BSWW 522 Extension Project $174,400.00: Motion to table until further clarification of process is obtained - Hall/Schene- Carried  Carried  Carried  10.TREE BOARD: The next meeting is April 17. Mayor Merki read the Arbor Day MOTION: To approve the Arbor Day Proclamation as presented - MacLeod/Hall- The Arbor Day Tree Planting event will be on April 27 at the Depot lot and the Tiny 11.GRANT: The next meeting is April 8. Chairwoman Hickey informed Council that the AARP Community Challenge Grant has been submitted for Streetscape streetlights at the Depot. A letter ofinterest has been submitted for the Appalachian Forest Grant for a new Bath website. Hickey is continuing work with the WV Grant Resource 13.CEMETERY: The next meeting is April 23. Chairwoman Skinner informed all that the mausoleum repair work is to begin next week with thel help of Pete Brown and engineer  Proclamation. Carried  Forest being planted to be dedicated to the memory of Gale Foulds.  Center for COPS/JAG funding.  12.PUBLIC SAFETY: The next meeting is May 7.  2    JeffGola. Remediation stipulations will be reviewed with the contractor.  Percy Renovations had the successful bid for the mowing work in Greenway this season. Chairwoman Skinner thanked all who participated in the success of this year's WV DEP Make It Shine program which was held in Bath and Greenway Cemetery on April 6. Thirty-one volunteers showed up and their work was much appreciated. 14.PUBLIC WORKS: Next meeting is May 7. Chairwoman MacLeod reported that equipment repairs are in progress. It was requested that political and other signage be removed from public spaces and right of ways as prescribed by law. 15.ORDINANCE: The next meeting is May 9. Chairman Schene reported that ordinances relating to Short Term Rentals and Festival Fees are in the works. Also being developed 16.BSWW: The next meeting is April 3. Chairman Hall along with the Mayor and Council expressed great appreciation for the BSWW operations plant and other staff for their hard work and diligence during the recent distribution emergency. Work is ongoing to correct 17.PUBLIC COMMENT: Many thanks were extended to those who, on their own initiative, pick up trash and work to improve the beauty oft the Town of Bath. Special gratitude was  is an ordinance regarding a Bath Municipal 1% Sales Tax.  neglected equipment of the past years.  given to Brandon Middlekauf, Vince Chinchello and Ellen Lachewitz. 18.MOTION TO ADJOURN: Approved by Common Consent.  Attest:  Mayoshatenak  Recorder Slusk  3    Town of Bath  Application for Use ofTown Property Date. Application Submitted: 3-27-24  A. Requesting Group or opslaguaadylll lisauation  B. Name ofResponsible Person Llapbell  C. Address 80 WMoneinl D. Telephone Number 304-358-8400  RChMpee  E. Property Requestedpaking mate Mouuie an Mshirgtons  W.favipkgt.  F. Purpose of Use Mpubls Biadhut. Daaking  ao Futorkio Dithlerdore alueanebins  G. Will Admission be Charged or Product salpmatante  H. Date/s Studay laly 27 8034  I.  Beginning and Ending' Time/s bem-4pm  Submit' To Town Council  Application is:  Approved Denied  Approved Subject to Following 1) Usage Fee Required 2). Proof of Insurance on File  SignatureofApproval  Date    Status of Streetscape, State Park and NBRT Projects for Town Council  April 16, 2024 STREETSCAPE  Phase V: Design & Construction  Target for Phase VDOH solicitation in Bid-X for al May 7h Letting (bid opening) has been missed. Still waiting for FHWA acceptance of the DOH Solicitation package. Understand that the package is in the Based on conference call with DOH (on 2-29-24) Contract Completion for the June 11th Letting would DOH still expects to hear about 2023 Grant Awards in the next few weeks and anticipates opening of  DOH Contracts Admin organization, with new target of June 11th Letting date. DOH cut-off for this date is probably around 10 May - will verify.  be mid-November.  the Intent to Apply (ITA) window for the 2024 Grant Applications later in April.  BERKELEY SPRINGS STATE PARK PROJECT  Current Status  An meeting WV-DEP was held on April 11th in regard to the Draft Consent Order associated with sediment spills into the Run during construction for the BSSP Project. Our agreement with' WVDOH states, "The Department will bid and award the project and oversee the consrucionmspecion. Town presented the actual Timeline of the events and the Requirements flow from the Contract Drawings and DOH manuals. Town's request was prepared in order to inform DEP of specific actions taken, the structure oft the DOH, Contractor, and Town relationships for the Project and to request reconsideration of penalty and fine amounts and also help identify sources of funds. WV-DEP agreed to use the Town's input in their review for the Final Consent Order. A full hard copy of the Town's fact-finding and requested reduction in the fines was provided tol Mr. Simmons, the Assistant Chief Inspector of the WV-DEP. Mr. Simmons agreed that no further input from the Town Will advise further after receiving the Final Consent Order - DEP's expectation is that the Mayor (as  was required in order to complete the WV-DEP review of the Order,  Permittee) willl be able to sign the Order. Trail Construction: DOH will bid the 3 bridges; working the procurement process now. Abutment design may be done in-house DOH. CenForce is still in line for the bridge installation and path construction Current Depot Lot discussions include possible funding for the North Berkeley Trail Head amenities based on a concept plan by the Mills Group. Parcel 1B  NBRT  The second installment of $24,948 from the CBT Grant for the stormwater control area was received. The temporary seeding on the hugels is preforming well for weed control and soil building. Arbor Day Celebration: The Bath Tree Board and the' Warm Springs Watershed Association invite you to celebrate the Town's 16th year as a Tree City USA at the Depot, Saturday April 27 from 101 to noon. The Mayor will read the Arbor Day Proclamation and volunteers will plant native trees and  shrubs in a tiny forest dedicated to Gale Foulds.  Pete Brown  1    MUNICIPALITY OF BATH BERKELEYSPRINGS WESTV VIRGINIA REGULAR CURRENTI EXPENSELEVY FISCAL VEAR JULY1,2024-JUNE: 30, 2025 MUNICIPALITY OF! BATH (BERKELEY SPRINGS), WESTVIRGINIA In accordance with Code $11-8-14, as amended, the Council proceeded the make ane estimate oft the amounts necessary to ber raisedb by levy oft taxes fort current fiscal year, and does determine and estimate the several amounts tot be asf follows: The amount due and the amount that will become due and collectible from everys source duringt thet fiscaly year INCLUDING THE LEVY OF1 TAXES, is asf fol-  STATE OF WESTI VIRGINIA  to  lows: Restricted Fund Balance Unassigned Fund Balance Property Taxes- Current Expense. Gasa and Oil Severance Tax Excisel Tax on Utilities Business and Occupation Tax Wine and! Liquor1 Tax Hotel Occupancy Tax Fines, Fees and Court Costs. Parking Violations Licenses Franchise! Fees IRPI Fees (Interstate Registration Plan) Private Liquor Club Fee. Parking Meter Revenues Rents, Royalties and Concessions. Refuse Coliection Police Protection Fees Street Fees Charges to Other Entities Gaming! Income interest Earned on investments. Reimbursements Accident Reports Videol Lottery (LVL) Aiscellaneous Revenues TOTAL ESTIMATED REVENUE (GENERAL FUND) Assigned Fund Balance Coal Severance Tax TOTAL ESTIMATED REVENUE (COAL SEVERANCE FUND).  REVENUE SOURCE  3,500 5,000 187,163 .7,700 35,000 58,000 40,000 108,000 15,000 24,000 15,500 10,000 13,000 3,750 25,000 46,200 125,000 34,000 34,000 24,400 8,300 10,000 4,000 100 2,000 200 $838,813  Certiticate or Valuation Assessed Value 0 0 0 $13,807,420 0 $13,807,420 $24,103,970 4,680,854 5,339,055 $34,123.879 $47,931,299  Levy Taxes 12.50 25.00  for1 Tax Purposes Rate/$100 Levied  CLASSI Personal Property Public Utility Total Classl CLASSII Real Estate Personal Property Total Class II CLASSIV Real Estate Personal Property Public Utility Total Class! IV TOTAL VALUE& PROJECTED REVENUE Less Delinquencies, Exonerations & Uncollectable Taxes Less Tax Discounts Less Allowance for Tax Increment! Financing (IfApplicable) TOTALI PROJECTED PROPERTYTAXI COLLECTION Less Assessor' Valuation Fund (Subtracted from regular current expense taxes levied only) Net Amount tob be Raised byl Levy of Property Taxes STATE OF WEST VIRGINIA, COUNTY OF MORGAN MUNICIPALITY OFE BATH( (BERKELEY SPRINGS) thes said council ont the: 27th day of March, 2024.  $ 0 $0 $ 0 $34,519 0 $34,519 50.00 $120,520 23,404 26,695 $170,619 $205,138 10,257 3,898 0 $190,983 3,820 $187,163  5.00% 2.00%  COAL SEVERANCE TAXI FUND REVENUE SOURCE  500 4,000 $4,500 Fund  2.00%  ESTIMATED CURRENT EXPENDITURES  General Coal Severance Fund .300 3,800 .5,000 3,000 .6,000 420 3,500 132,876 212,571 2,000 .2,000 130,265 20,000 12,500 196,581 .54,000 54,000  City Council Police. Judge's Office City Attomey City Auditor. Contributions to Comms/Authorties Regionall Development Authority Elections City Hall Police Department Firel Department Flood Control/Soil Conservation Streets and Highways Street! Lights Street Construction Garbage Department Parks and Recreation Visitors Bureau TOTAL ESTIMATED EXPENDITURES  ,Susan Webster, Recording Offiçer ofs said Municipaity, dol hereby certify! that thei foregoing are true copiesf from the record oft the orders made ande entered by  Susan, J. Webster Recording, Officer 4-3-2tm  4,500  1e    State of Alest irginia John B. McCuskey State Auditor  Office ofthe State Auditor Local Government Services 200 West Main Street Clarksburg, West Virginia 26301  Toll Free: (877)982-9148 Telephone: (304)627-2415 Fax: (304)340-5090 www.wySa0-goy  April 8, 2024  NOTICE OF APPROVAL OF THE LEVY ESTIMATE (BUDGET)  To: Municipality of Bath (Berkeley Springs)  In accordance with the provisions of Chapter 11, Article 8, of the West Virginia Code, as amended, the State Auditor of West Virginia hereby approves your Levy  Estimate (Budget) for the fiscal year beginning July 1,2024.  With this written approval, the levying body shall meet on the third Tuesday in April (April 16) to hear and consider any objections and to officially adopt the levy rates for property taxation. The clerk/recording officer, within three days of such meeting, shall prepare and forward to the State Auditor the officially adopted levy rates and levy  order.  If you have any questions, please do not hesitate to contact us at:  LGS@wysao.goVors 304-627-2415.  Sincerely, John B. McCuskey WV State Auditor hzak  By: Ora L. Ash  Deputy State Auditor Local Government Services      $ $A $A I$A  6 1$ $A  $ $A $A $A $ 9 $ $A $ $ $ $ $ $ AA 6A    5 d0        $ $  $    48s  .n  C