TOWN OF BATH COUNCIL MEETING  December 5, 2023  1. 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 oft the Regular Meeting ofNovember 21,2023 were 4. PERSONS BEFORE COUNCIL: Kate Lehman, member of the Bath Tree Board, was present to explain the amendment to the Bath Tree Ordinance as proposed for its MOTION: To amend the agenda to bring forward the Ordinance Committee report- MOTION: To approve Bath Ordinance 2023-11-01 for Second Reading- MOTION: To resume the regular agenda- Skinner/MacLeod- Carried  approved by Common Consent. Second Reading(attached). Schene/ Hickey- Carried Webster/AIekey-Camed  Hunter Clark, President oft the Bath Christmas Project, was present to announce this committee's Angel Awards. The recipients are. Ashley Lutman, Jake Miller, Priscilla Jones, Joyce Jones, Phil Hofe, Kelly Hofe and Family Medicine. Much appreciation was shown by all in attendançe. Clark also updated Council on the committee's work and invited all to attend the Garland Cutting Ceremony at the Bath donated shed at Gratitude was also given to the Bath Christmas Project committee for taking on the Melissa Schod was in attendance to update Council on the Community Garden. The group now. has funding and will hold a public meeting on January 23, 2024 for input. 5. COMMUNICATIONFROMMAYOR: The annual Deck the Meters project is produced this year by the Town of Bath and has very good participation. The Mayor also noted the well-attended Cocoa Crawl sponsored by the Berkeley Springs Morgan County Chamber of Commerce on December 1. The Morgan County Jeepers will hold their event in the Berkeley Springs State Park on  11:30am on December 20.  Winter Fest Parade held on December 2 with much success.  December 9.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY (BDA): Lisa Stine, President of the BDA, was present to report that the BDA website development is on track along with other projects. The December meeting is canceled due to conflicts. Recorder Webster expressed appreciation for Stine's assistance with the Depot Apple Butter and Veterans 2. PARKS & REC: No report at this time. The nextr meeting is December 20. 3. PLANNING COMMISSION (PC): The next meeting is December 7 with the Public Works Committee. Work is continuing on the next Bath Comprehensive Plan. 4. RAIL/TRAIL (NBRT): The next: meeting is December 27. The progress report has  Day events.  1    been submitted to the Town office (attached) by Co-Chair Pete Brown who was in 5. STREETSCAPE: The next meeting is December 21 at 9am. The progress report (attached) has been submitted by Co-Chair Pete Brown and was present with further details. A Thrasher Engineering invoice for Phase V design has been 6. TRAIN DEPOT: Chairman Webster reported that future steps include organizing interested parties to plan and facilitate the development oft the property for public use, education, recreation and economic development. She will advise of upcoming 7.LANDMARK COMMISSION (HLC): The Mayor reported that the Town is working  attendance with further details.  submitted for Council approval.  endeavors.  with the State Historic Preservation Office and code. 8. CLERK/RECORDER REPORT: No report at this time.  9. FINANCE: Chairwoman Webster delivered the following bills for approval: (a) Town of Bath $11,558.49- Motion to approve: Webster/Schene- Carried (b)BSWW $27,353.35-Motion to approve: Webster/Hickey- Carried (c) Cemetery $90.00- Motion to approve: Webster/Schene- Carried Note- A mausoleum repair invoice of $2,000.00 is pending further information. (d): Depot $488.57- Motion to approve: Webster/Hickey- Carried (e) Streetscapes $15,00.00- Motion to approve: Webster/MacLeod- Carried (f) Tree Board $2,479.50 - Motion to approve: Webster/MacLeod- Carried (g)BDA $175.00- Motion to approve: Webster/Schene- Carried  10. TREE BOARD: Kate Lehman reported that the group has been asked for direction ona 11.GRANT: The next meeting is December 11 at 4:30pm. Chairwoman Hickey is researching grants to improve the Bath website with added economic development information, Streetscape Street lighting and solar energy opportunities. A Rebuilding American Infrastructure with Sustainability and Equity grant is a possible choice. 12. PUBLIC SAFETY: The next meeting is December 13.No report at this time. 13. CEMETERY: The next meeting is December 26. Councilwoman Skinner reported that the Committee will be meeting to review the repair contract and setting direction for the 14.P PUBLIC WORKS: Next meeting is January 2. Chairwoman MacLeod is developing a 15. ORDINANCE: The next meeting is December 20. Chairman Schene's research is continuing on amending the B&O ordinance and creating a short-term rental ordinance. 16. BSWW: Chairman Hall reported that new water taps are being established for customers. Ar member of the crew has passed his ClassI IOperator's test which is great news.  tree root: issue near the BSWW wet well.  contractor.  list of] potholes and tripping hazards to repair.  Work on the new employee handbook is ongoing.  17.MOTIONTO. ADJOURN: Approved by Common Consent.  Attest:  Mayor hatemk  Recorder 2  Smay Lls2    TOWN OF BATH SPECIAL ORDINANCE  TREE BOARD 2023-11-21  AMENDING ORDINANCE 2005-09  URBAN TREE ORDINANCE OF THE TOWN OF BATH  Whereas, the' Town of Bath desires to create a' Tree Board, the original Ordinance 2005- 09 does not meet all necessary requirements and documentation to provide for public safety or toj preserve and protect all plants, shrubs and trees ini the Town of] Bath; and, Whereas, this article provides authority to the Tree Board over all trees, plants and shrubs planted within the right-of-way's, parks and public places of the Town ofl Bath. The Tree Board shall have the right to plant, prune, maintain and remove trees, plant and shrubs within the public right-of-way's: and other publicly owned grounds as may be necessary to ensure public safety and to preserve and enhance the beauty of such publicly owned Accordingly, it is therefore ordered that the Town of Bath Council amend Ordinance  lands; and,  2005-9 as follows:  SECTION: 1: DEFINITIONS:  A. Municipality is the Town of] Bath, Morgan County, West Virginia. B. The Tree Board is the body that advises the town on matters affecting street trees, park trees and trees ini the three cemeteries in the Town of] Bath. Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side ofall streets, D. Park trees are herein defined as trees, shrubs, bushes, and all other woody vegetation inj public parks, and all areas owned by the Town, or to which the E. There are three cemeteries on Town property, including the Old Dutch Cemetery, F. Heritage Trees are typically large individual trees with unique value and are considered irreplaceable. The major criteria for heritage tree designation are age, rarity, and size, as well as aesthetic, botanical, ecological and cost to replace. The Town Council, upon recommendation oft the Tree Board, may designate specific trees on town property as heritage trees. Upon the adoption of such a list by the Town Council, a copy shall be kept on: file in the office oft the Town Clerk. The list ofheritage trees may be modified from time to time. Once a tree on1 town property is designated as al heritage tree, it will remain sO unless it becomes necessary to classify it as a risk tree that must be removed. Heritage trees on town  avenues or ways within the town. public has free access as a park. the Old English and Greenway Cemetery.  1    H. Damage is any injury to or destruction of a tree, including but not limited to: uprooting; severance ofall of part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above ai root system or around a trunk surrounding the tree with impervious paving materials; or any trauma caused by accident of collision. I. Nuisance is any tree, or limb thereof, that has an infectious disease ori insect; is dead or dying; obstructs the view oft traffic signs or the free passage of pedestrians or vehicles; or poses ai threat to public health, safety and welfare. J. Top or Topping is the non-standard practice of cutting back limbs to stubs within at tree's crown to such a degree sO as to remove the normal canopy and disfigure K. Tree Steward means the person within the Tree Board who administers the provisions oft this Ordinance under the supervision and direction of the' Town Council. Atar minimum, a candidate for Tree Steward has a good understanding ofthe. American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and oft the "Best Management Practices (BMPs) published by the International Society of Arboriculture. (NB: The original ordinance requires an arborist, an unrealistic expectation. To require more than a good understanding ofA ANSI makes finding a tree steward difficult if not impossible. L. An Arborist is a certified specialist ini the care and maintenance oft trees. At times the Tree Board may recommend that an arborist be called in to determine the specifics of care and maintenance for one or more trees. M. Property Owner shall mean the person(s) owning a designated property as shown by the County Assessor's! Plat oft the Town of Bath, as the case may be. SECTION: 2: CREATION AND ESTABLISHMENT OF A TREE BOARD There is hereby created and established a Tree Board for the Town ofBath, Morgan  the tree.  County, West Virginia. SECTION. 3: TERM OF OFFICE A. Tree Steward (two year term)  The team of five (5) persons to be appointed by the Mayor and Council shall be as  follows:  B. Member of the Town Council (two year term) D. Two (2) residents ofMorgan County (two year term)  C. Resident oft the Town of Bath or second Town Council Member (two year term) Int the event that a vacancy shall occur during the term oft the member, his/her successor shall be appointed for the unexpired portion of the term. The Tree Board may propose one or more names, and the' Tree Board member who is a representative oft the Town  Council will share this recommendation with the Council. Members of the Tree Board shall serve without compensation. SECTION 5: DUTIES AND RESPONSIBILITIES A. Coordinate and promote Arbor Day activities;  SECTION 4: COMPENSATION  2    B. Review and update a five-year plan to plant and maintain trees on town property C. Support public awareness and education programs relating to trees; D. Review town department concerns relating to tree care; E. Submit an annual report ofi its activities to the town council; F. Assist with the annual application to: renew the Tree City USA designation; G. Recommend al list oftree species for planting on town property, and al list of species to be discouraged from planting on town property; H. Other duties that may be assigned by the Town Council  The' Treel Board shall meet a minimum off four times each year. All meetings shall be open to the public. The Tree Board chair may schedule additional meetings as needed; a  quorum is required to make decisions. SECTION 6: OPERATIONS transaction of business.  and  The Treel Board shall choose its own officers, make its own rules and regulations, keep minutes ofits proceedings. A majority oft the members shall be a quorum for the SECTION 7: COORDINATION AMONG TOWN DEPARTMENTS On matters concerning trees on town property, all town departments will coordinate as necessary with the Tree Board and will provide services as required to ensure compliance with this Ordinance as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties not under the direct jurisdiction oft the Tree Board. SECTION 8: TREE PLANTING AND CARE STANDARDS  A. Standards: All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care "Best Management Practices (BMPSs)" B. Requirements of franchise utility companies: The maintenance of public trees C. Spacing: Small trees shall be planted ai minimum of 30 feet apart; medium trees shall be planted a minimum of40 feet apart; large trees shall be planted a minimum of50: feet apart, except in special plantings designed or approved by the D. Tree Distances Board. from curb and sidewalk: No trees may be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and large than 35 feet of any street corner, measured from the nearest intersecting curbs or curb lines. No street tree shall be planted closer than 10 feet ofa any fireplug. F. Utilities: No street trees may be planted under or within 10 lateral feet ofany overhead utility wire, or over or within 5 lateral feet ofa any underground water G. Public Tree Care: The town shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the lines ofa all streets, alleys, avenues,  published by the International Society of Arboriculture. utility clearance shall conform to A-300 standards.  for  trees, 4 feet.  No street tree shall be planted closer  E. Distance from Street Corners and Fireplugs:  line, sewer line, transmission line or other utility.  3    lanes, squares and public grounds, as may be necessary to insure public safety or toj preserve or enhance the symmetry and beauty ofs such public grounds. H. The Tree Board may remove or cause or order to be removed, any town tree or part thereof which is in an unsafe condition, or which by reason ofits nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. I. Pruning, Corner Clearance: WV law' requires private landowners to remove trees or to prune limbs or shrubs sO that such branches shall not obstruct the light from any street lamp, or obstruct the view of any street intersection and so that there shall be a clear space ofe eight feet (8') above the surface ofas street or sidewalk. J. The Tree Board will work with landowners tol help them avoid potential liability. The Tree Board shall inform owners by certified mail of any tree overhanging any street or right-of-way within the town, and shall require the owner to prune the branches. The owner ofthe tree may give written permission to the Tree Board to prune said branches if possible. The owner may give the Tree Board permission to secure an estimate from a qualifying tree: removal company to: remove large limbs. The cost ofhaving said limbs removed is the responsibility ofthe landowner; where possible the Tree Board may provide limited financial  assistance.  SECTION! 9: INTERFERENCE WITH TREE BOARD WORKERS It shall be unlawful for any person toj prevent, delay ori interfere with the City Tree Board, or any ofi its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any Street Trees, Park Trees, as authorized in this ordinance. It shall be unlawful to interfere when the Tree Board has a written partnership SECTION: 10: PROHIBITION AGAINST HARMING PUBLIC' TREES It shall be unlawfullt shall be unlawful for any person, firm, or corporation to damage, remove, or cause the damage or removal of a tree or shrub on town property without written permission from the Tree Board and the Town Council. Should at tree be illegally 1Under West Virginia Code, Chapter 17, Roads and Highways, "Obstructions within the meaning oft this chapter, shall include trees which have been cut or have fallen either of adjacent land or within thel bounds ofaj public road in such ai matter as to interfere with travel thereon; limbs of trees which have fallen within a publicroad or branches of trees overhanging the same so as to interfere with travel..Such obstructions shall be considered within the bounds of any state or county-district road whenever: any part thereof shall occupy any part ofther right-of-way provided Those persons who damage or destroy trees on town property. shall be charged under  with al business or property owner to undertake these activities.  law or acquired for road purposes...  section WV Code 61, Crimes Against Property.  4    removed, the town may replace the tree and charge the cost to the person who removed Its shall be unlawful for any person, firm, or corporation to attach any cable, wire, sign, or Its shall be unlawful for any person, firm, or corporation to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the Tree Steward. Shoulda tree be illegally topped, the town may replace the tree and charge the cost involved to the Any person, firm or corporation, or city department performing construction near any public tree(s) shall consult with the' Tree Board and shall employ appropriate measures to protect the tree(s) according toj procedures contained in the Best Management Practices (BMPs) for Managing Trees During Construction, published by the International Society  the tree.  any other object to any street, park, or public tree.  person who removed the tree.  of Arboriculture.  SECTION 11: ENFORCEMENT  The Town of] Bath shall have the power to enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection oftrees, shrubs, vines, hedges and other plants upon right-of-way ofa any street, alley, sidewalk or  other public space in the Town. SECTION 12: PENALTIES  Violations: Any person who violates any provision of this article or who fails to comply with any notice issued pursuant toj provisions ofthe article, upon being found guilty of violation, shall be subject to a: fine not to exceed one hundred dollars ($100) for each separate offense. Each day during which any violation of any provision ofthis article shall occur or continue shall be a separate offense. If, as a result ofthe violation of any provision ofthis article, thei injury, mutilation, death of a tree, shrub or other plant located on Town owned property is caused, the cost ofr repair or replacement ofs such tree, shrub or other plant shall be borne by the party in violation. The replacement value oft trees and shrubs shall be determined in accordance with The Town of Bath Tree Inventory and Assignment of Claim: In the event a nuisance is not abated by the date specified in the notice, the Town is authorized to cause the abatement of such nuisance. The reasonable cost ofs such abatement shall be filed as a lien against the property upon which the nuisance was located. In addition, the owner ofthe property upon which the nuisance was Appeals: All hearings shall be open to the public. The appellant or Tree Board and any person whose interests are affected shall be given an opportunity to be heard before the Town of Bath Town Council. The procedures shall not require compliance with strict rules or evidence, but shall mandate that only relevant information be received. Council  Management Plan, June 2023.  located shall be subject to prosecution.  shall render its decision within thirty days.  5    SECTION 13: REVIEW BY' THE TOWN COUNCIL  The Town Council shall have the right to review the conduct, acts and decisions ofthe  Tree Board.  First Reading. Second Reading. Adopted Mayor Recorder  Date Date  6    Status of Streetscape, State Park and NBRT Projects for Town Council  Tuesday = December 5, 2023 STREETSCAPE  Phase V: Design & Construction  Construction Funding Agreement has been signed by DOH- - copy will bes sent to the Town. First of three Thrasher Design Invoices for the Project was senti to DOH for Reimbursement. This $15,000 Invoice payment willl be discussed at the Finance Committee Meeting on Dec 5th. There will be two more Invoices ($25K for 90% Design and $15K1 for final PS&E based on the current Thrasher Task Order) Total Design Task pricei is $55,000. The Town has already paid its 20% share ($11K) but under DOH Policy, must fully pay each Invoice and then obtain 100% reimbursement from DOH. This is included in the signed Conference call with DOH and Thrasher (Nov 30th) established that final Design PS&E would be complete by end of. January. This will lead to an estimated Letting date in early spring with a construction start in mid tol late  Design Funding Agreement  Currently reviewing drawings for Easement Requirements  Spring 2024. Current Status:  Berkeley Springs State Park Project  Work on the walls of the Run has been completed (prior to the recent rain). DOH plans to complete at final The new South Bridge abutments are complete. The old North Bridge abutments have been replaced with The new concrete sidewalks are being poured as of Monday. This will take some time since the coloring, mixing, pouring and stamping take time. The Monday pouring will be between the gazebo and the new  inspection before calling it Complete.  stone and masonry walls that match with the existing walls. abutment for the South Bridge - about 6 cubic yards.  The latest on the bridge construction a thet factory: The bridgei is in final assembly with the deck being installed this week. It's possible that we will see a photo from the factory int the next couple of weeks...along with an  estimate of the delivery date.  NBRT  Nothing newt to report on the NBRT Design/Build Solicitation by DOH. The official Letting date is still December  12, 2023-with: a Construction completion date of March 28, 2025.  Pete Brown 571-213-3687  1     NN  $ $ $ $    E 5 3  3 3 3 S 3 3 w 3 3  S  E    $ $A  6A            $A  $    $  $