TOWN OF BATH COUNCIL MEETING  February 6, 2024  1. Call to ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Elizabeth Skinner (X) Greg Schene (A) Rebecca MacLeod (X) Mary Lynn Hickey (X) Tom Hall (A) Quorum present. 3. REVIEW OF MINUTES: Minutes oft the Regular Meeting of. January 23, 2024 5. COMMUNICATION FROMMAYOR: The Mayor reminded Council ofthe Auditor's Budget Training on February 20 in Martinsburg. Since that evening is also ar regularly scheduled Council meeting night the next meeting date has been changed The Foodie February event (attached) sponsored by the Chamber of Commerce will  were approved by Common Consent.  4. PERSONS BEFORE COUNCIL: None at this time.  to February 21, 2024.  The Town Office will be closed on February 19 for Presidents Day.  be held throughout the month of February.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY (BDA): Next meeting is February 7, 2024. 3. PLANNING COMMISSION (PC): The next meeting in February 8. President Landon relayed that the Commission will meet with the Cemetery Committee on that 4. RAIL/TRAIL (NBRT): The next meeting is February 28. Co-Chair Pete Brown has submitted the project progress report and was present for discussion on the high bid given which is attributed to the bridge designs. He is hopeful that this problem will be the focus of the WV DOH approach to a resolution. Councilwoman MacLeod added that there will be small modifications to the storm water project at the Trial Head. Brown also was happy to announce the completion of the Berkeley Springs 5. STREETSCAPE: The progress report (attached) has been submitted by Co-Chair  2. PARKS & REC: The next meeting is February 21.  date..  State Park project.  Pete Brown. The next meeting is February 15. 6. TRAIN DEPOT: The next meeting is February 22.  7. LANDMARK COMMISSION (HLC): The Town Office has received the resignation ofJoyce Jones (attached). Mayor Merki spoke oft the consideration oft the previous application ofl long time HLC volunteer Melissa Schod. Councilwoman Hickey will develop the response letter to SHPO explaining the Town's efforts to satisfy the CLG requirements put forth to the Town in the SHPO letter of October 2023. 8. CLERK/RECORDER REPORT: Clerk Corrick reminded all that Hotel/Motel grant applications are accessible online or in the office. They will be accepted until Two Notices of Building or Real Property Improvement (attached) have been  February 29.  1    received and are available for review.  9.1 FINANCE: Chairwoman Webster delivered the following bills for approval: (a) Town of Bath $18,144.82- Motion to approve: Webster/MacLeod - Carried (b) BSWW $28,819.20 - Motion to approve: Webster/Hickey- Carried (c) NB Rail/Trail $2,500.00- Motion to approve: Webster/MacLeod- Carried (d) BDA $75.00- Motion to approve: Webster/Skinner- Carried (e) Depot $285.48- Motion to approve: Webster/Hall- Carried  10. TREE BOARD: Tree board members Kate Lehman and Council MacLeod described recent work of this Board and the assistance they have received from retired arborist Craig Dean. He and Lehman cut dead trees on Washington and Liberty Streets. This in-kind service is usable to match the WVDOF grant and reduced the number of hours needed to pay Tree Works. Dean is also helping work on the idea of developing the 5 acre woodlot of Greenway Cemetery into an arboretum. 11.GRANT: The next meeting is February 12 at 4:30pm. Chairwoman Hickey is meeting with the WV Grant Resource Center this week. She has identified new grant possibilities ofinterest including with the HLC for home owners and Valley 12. PUBLIC SAFETY: The next meeting is February 14. No report at this time. 13. CEMETERY: Chairwoman Skinner announced that the WV DEP Make It Shine program will be held again. She requested that April 6 with April 12 as the rain date be adopted for the Make It Shine clean-up project in Greenway Cemetery. This was approved by Common Consent. Councilwoman MacLeod added the WSWA will be working in the 14. PUBLIC WORKS: Next meeting is February 6. Chairwoman MacLeod reported that 15. ORDINANCE: The next meeting is February 15. No report at this time. 16. BSWW: The next meeting is February 7. Chairman Hall advised that the new Operator in Training is in school. The International Water Tasting is February 23-24. 17.MOTIONTO. ADJOURN: Approved by Common Consent.  Health for the Depot and surrounding property.  Warm Springs Run on April 12-13. more repairs are: needed for the garbage truck.  Attest: Mayor  Recorder  tomek  Bemy  2    FOODIE FEBRUARY  1ST - 29TH  PRIZE OF A $100 GIFT CARD FOR ANY RESTAURANT WILL BE  AWARDED TO ONE WINNER!!!  REQUIRMENTS TO PARTICIPATE:  DINE IN AT LEAST 4 OF THE PARTICIPATING RESTAURANTS  BETWEEN FEB 1ST - 29TH.  MAKE SURE you GET A FORM FROM ANY OF THE RESTAURANTS  PARTICIPATING (OR THE CHAMBER.  HAVE THE RESTAURANT FILL oUT THEIR PORTION OF THE FORM  THEN you ADD YOUR CONTACT INFO.  DROP OFF OR MAIL IT TO THE CHAMBER AT 127 FAIRFAX STREET.  PARTICIPATING RESTARAUNTS:  Berkeley Springs Brewing Co. Cacapon Mountain Brewing Co. Cacapon State Park - Prospects  Fox's Pizza Den Hobo's Donuts Lot 12 Public House Mary's Vegetarian Cafe LLC &  Restaurant Canary Grill Restaurant  Bistro Ravenwood Pub  Coolfont Resort's Treetop Fleur de Lis Cheese Shop  The Country Inn Restaurant The Naked olive Lounge    Status of Streetscape, State Park and NBRT Projects for Town Council  February 6, 2024 STREETSCAPE  Phase V: Design & Construction-  Thrasher has been paid for their $15,000 30% Design Completion Invoice and the WW-DOH has reimbursed the Town for this Payment. The Town also received the next invoice ($25,000) for completion oft the 90% design milestone. I verified that all comments/corrections to the 90% design have been completed by Thrasher Current completion oft the PS&E package is by Feb 16th to support a DOH Letting Date in early Spring. Design and Floodplain reviews have been requested by' WW-DOH by the Town's HLC and the County Current evaluation shows no need forp property easements.. Alley areai for lighting conduit appears to be Town   prior to payment. So we should be processing this payment soon.  Floodplain organization. property.  Berkeley Springs State Park Project  Current Status:  Final DOH Inspection planned for Feb 6th. Formal DOH Punch-List being assembled. ladded several items  (with photos) tot this list, such as: (I will get a copy of thet final list.)  Landscape, grading and seeding along the new: sidewalks was accomplished - but will be on Repairs to the damaged existing asphalt sidewalk between the gazebo area and the Country  Punch List fori improvements when weather permits. Inn are to bei included in this Punch-List.  Itis noted that DOH and DeLauter were able to increase the new sidewalk areal based on funds remaining in the Contract. This new concrete sidewalk runs from the Gazebo area southward to an existing bench along the Run. The nature of thel DOH Work Item/Pay Item contract structure provided the basis fort this additional work  within the Contract Price.  NBRT  Internal discussions continue at DOH.  Current situation seems to be: (this is preliminary - Pre-Decisional Info)  DOH Team (Programs andi in-house construction folks) visited NBRT site on Jan 17h. Discussed possible shift to DOH in-house construction VS re-bid. Being seriously considered. Three bridges on! HDR drawings became thel biggest issue - too expensive, difficult to install and likely specified to an un-necessary greater design criteria than needed. Later e-mails suggest DOHis planning 81 ft wide, 51 ton pedestrian bridges, vice the drawings 101 ton 101 ft wide mini-highway bridge. Sent our Sponsor Comments (after DOH visit) to DOH. Recommended bridge design criteria changes (using info from Rails to Trails Organization and other sources) and a shift to a culvert design for the  New design could be done in-house DOH Jimstown Rd short bridge.  Considering construction vial DOH in-house trail-building team Briefed the NBRT Task Force on. January 30th DOH will likely cancel the Solicitation and Bids in next week or sO.  Pete Brown 571-213-3687    Sharon Corrick From: Sent: To: Subject: Attachments: Jan 16, 2024  JJ <idawatex@aol.com)> Tuesday, January 16, 2024 11:11 AM Hoagland Letter of Resignation Res letter.docx  Sharron Corrick; Ryan Rebant; Melissa Schod; Steven Harmison; Zach; Carly Swaim; Ken  Town of Bath HLC and Town Council  For the past two years, it has been my privilege and honor to serve on the Historic Landmark Commission for the Town of Bath. The area's incredible history, community, and pure water are what drew me here originally! I have learned much while serving with my fellow talented, focused, dedicated committee members. It is with great regret  that I now hand in my resignation, effective immediately.  Due to our ongoing, labor-intensive historic renovations and new business preparations, plus extended family needs, I no longer have the discretionary time to dedicate to this worthy endeavor. However, Ik know that the amazing current committee will easily fill the gap and continue to protect private property rights while preserving Iremain committed to the vision presented in this body and hereby offer to volunteer  our proud history. when needed. Best Regards, Joyce Jones  PS. Miss Sharron, would you be so kind as to supply the attached document to the town council for  tonight's meeting? Many Thanks!    LGR 12:75 Rev. 2002  NOTICE OF BUILDING OR REAL PROPERTY IMPROVEMENT  TOTHE ASSESSOR OF Mesp  COUNTY:  Any person, corporation, association or other owner ofreal property, subjçct to the payment ofproperty tax, whos shall crect any building ors structurc, or who shall add to, cnlarge. movc, alter, convert, extend, razc or demalish any building or structure, whercby the value of ther rcal property shall be improved more than $1,000 must notify the assessor on Form 12:75 within sixty days fromt the date the work is commenced. Ifar report isr madc by or on bchalfofa any minc, mill, factory, or other industrial cstablishment and filed with thc assessor on or beforc Junc fifteen which discloses with ccrtainty any construction, or improvement made during the previous twclvc months, the owner shall be dccmed in compliance with notice requircments. Ifa building permit has becn obtained, this shall be sufficient notice. Any person in violation of provisions of West Virginia Code $11-3-3a, shall bc guilty ofa misdemcanor, and, upon conviction thercof,  shall bes subject toaf finc.  Scc Chapter 11, Article 3, Scction 3a ofthe West Virginia Codc for additional information.  Name ofOwner or Owners ihohlAbledhae  Location (Address) of! hlDhaalahs PORSWbasII  Taxing District Town ORBAth AIbD12ac Land Book Description Cenllun 16 c1mc  have, or has been (Altered). Improvements were commenced, Completion date or anticipated completion date Approximate increase in value $0,200  (Erected).  and that said improvements have increased the value oft the property in excess of$1,000.00  (Month/Day/ear), (Month/Day/Year).  Use ofBuilding! RasPaearas  Remarks: Cleelawtap AP.mePwilscEscuil- Scme cleelpical Dulets -Crilis Calemelh Address ofOwner or Owners Machashna BORSWDas  Phone No30y5aa9  Notice Filed By Dabellihlslan  Date 1-12.2024 Month/Day/Year  Signature  NOTICE TO BE FILED WITH ASSESSOR WITHIN SIXTY (60) DAYS AFTER COMMENCEMENT OF IMPROVEMENTSTO REAL PROPERTY WHICH WILL INCREASE THE VALUE: INI EXCESS OFS $1,000  BELOW THIS LINE FOR ASSESSOR'S USE ONLY  Map No., Parcel No.  Received    LGR 12:75 Rev. 2002  NOTICE OF BUILDING OR REALI PROPERTY IMPROVEMENT  TOTHE ASSESSOR OF  Morgan  COUNTY:  Any person, corporation, association or othicr owner ofr rcal property, subjcct tot the payment of property tax, who shall crect any building ors structurc, or whos shall add to, enlarge, move, alter, convert, cxtend, razc or demolish any building or structurc, whercby thc valuc of ther real property shall bci improved morc than $1,000 must notify the asscssor on Form 12:75 within sixty days from the datc thc worki is commenced. Ifar report is madeb by or onb bchalfo ofa any minc, mill, factory, or other industrial cstablishment: and filcd with thc asscssor on or beforc Junc fifecn which discloscs with certainty any construction, or improvement made during thc previous twclve months, the owner shall be decmed in compliance with notice requirements. Ifabuilding permit has becn oblaincd, this shall bc sufficient notice. Any person ini violation ofp provisions of West Virginia Code $ I1-3-3a, shall bc guilty ofa misdemeanor, and, upon conviction thereof,  shall bes subject toa fine.  Sec Chapter 11, Article 3, Scction 3a ofthe West Virginia Codet for additional information.  Name of Owner or Owners Congress Street Holdings, LLC  Location (Address) ofl Improvement 110 Congress Street, Berkeley Springs, WV25411  Taxing District Town of Bath Land Book Description Commercial Building have, or has been (Altered),  (Erected).  and that said improvements have increased the value of the property in excess of$1,000.00  Improvements were commenced 01/20/2024 Completion date or anticipated completion date. 05/31/2024 Approximate increase in value $ 25,000  Month/Day/year), (Month/Day/year).  Use of Building. Bar/Restaurant  Remarks: Interior renovations are constructing: a bar and restrooms. The exterior oft the building will receive two (2)  new garage doors andj potentially a patio upon Town approval. Address of Owner or Owners 431 Hawthorne Road, Linthicum, MD21090  Phone No. 443-805-9458 Notice Filed By.  CEE Signature  Date 01/19/2024 Month/Day/Year  NOTICE' TO BE FILED WITH ASSESSOR WITHIN SIXTY (60) DAYS AFTER COMMENCEMENT OF IMPROVEMENTSTO REALI PROPERTY WHICH WILL INCREASE THE VALUE! IN EXCESS OF $1,000  BELOW THIS LINE FOR ASSESSOR'S USEONLY  Map No. Parcel No.  Received    $ $ $ $A $A I$A $ $A $A $A $A $A $A $A $ $ AAA  5A  6A $ $ $ $ $ $  $A - $A  $A    3 3  3  b  N    $    $A  $