TOWN OF BATH COUNCIL: MEETING  November 21, 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 ofthe Regular Meeting ofNovember 7, 2023 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 MOTION: To amend the agenda to bring forward the Ordinance Committee report- MOTION: To approve Bath Ordinance #2023-11-01 for First Reading- MOTION: To: resume the regular agenda- Webster/Schene- Carried  were approved by Common Consent.  (attached).  Webster/ Hickey- Carried Webster/Hal-Carried  Clint Dailey ofMorgan County Association ofFarms and Food made a $2,000.00 donation presentation to the Bath owned Community Garden. Appreciation was 5. COMMUNICATIONI FROM MAYOR: The Mayor announced that the annual Bath The Town Hall office will be closed on Thanksgiving Day, November 23, and on The annual Deck the Meters project will be produced this year by the Town of Bath.  shown for the organization's generosity.  free pickups for yard waste will be November 29 and 30.  Friday 24, 2023.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENI AUTHORITY:Nextr meeting is December 12 at 4:30pm at 2. PARKS & REC: No report at this time. The next 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 November 29. The progress report has been submitted to the Town office (attached) by Co-Chair Pete Brown who was in Councilwoman MacLeod presented the Native Havens Depot Planting Project Design MOTION: To approve the Native Haven Planting Project Design Proposal as 5. STREETSCAPE: The next meeting is December 21 at 9am. The progress report has been submitted by Co-Chair Pete Brown and was present with further details. Discussion turned to the BSSP Project and the recently received WV DEP Notice of Violation. The Town of Bath received the notification as the project sponsor. A  the Courthouse.  attendance with further details.  Proposal (attached) for discussion and approval. presented- Webster/ Hickey- Carried  1    complaint was submitted by Kate Lehman. Brown explained the issue resolved itself naturally, but the DEP violation must go through its process. The WV: DOH and the Delauter Construction Company will be involved in the resolution of this issue. 6.7 TRAIN DEPOT: Chairman Webster reported on the success ofthe Bath Veterans Day Celebration and Depot Grand Opening. Future stepsinclude organizing interested parties to plan and facilitate the development ofthe property for public use,  education, recreation and economic development. 7.LANDMARK COMMISSION (HLC): No report at this time. 8. CLERK/RECORDER REPORT: No report at this time.  9.F FINANCE: Chairwoman Webster delivered the following bills for approval: (a) Town of] Bath $18,277.11- Motion to approve: Webster/Schene- Carried (b) BSWW $38,627.05 -Motion to approve: Webster/MacLeod- Carried (c) Cemetery $5,600.00- Motion to approve: Webster/Schene- Carried (d) Depot $266.50- Motion to approve: Webster/Schene- Carried (e) Streetscapes $106,999.25- Motion to approve: Webster/Hall- Carried (f) Tree Board $700.00 - Motion to approve: Webster/Schene- Carried 10. TREE BOARD: The next meeting is January 17, 2024 at 4pm. 11. GRANT: The next meeting is December 11 at 4:30pm. Chairwoman Hickey is working on a Public Safety grant submission in early May. She is also researching grants to improve the Bath website with added economic development information, 12. PUBLIC SAFETY: The: next meeting is December 13.No report at this time. 13. CEMETERY: The next meeting is November 29. Councilwoman Skinner reported that MRB, LLChas been affected by weather with the mausoleum repair work. The 14. PUBLIC WORKS: Next meeting is December 5. Chairwoman MacLeod advised of repairs to the Kenworth trash truck. She is developing a list of potholes to fix. Trees will 15. ORDINANCE: The next meeting is December 20. Chairman Schene explained that the Second Reading of the amended Tree Ordinance will be at the next regular Council meeting. His research is continuing on amending the B&O ordinance and creating a 16. BSWW: Chairman Hall announced that daily operations are going well. They are scheduling the new pump to be installed in the wet well. Taps are being provided to new  Streetscape Street lighting and solar energy opportunities.  Committee will be meeting with the contractor soon. bej planted around the Greenway Cemetery shed.  short-term rental ordinance.  customers.  17.MOTIONTOADJOURN: Approved by Common Consent.  Attest:  Mayor, HEPE  Recorder Soflesh  2    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 ofBath 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 in the Town ofl Bath; and, Whereas, this article provides authority to the Treel Board over all trees, plants and shrubs planted within the right-of-way's, parks and public places ofthe Town ofBath. The Tree Board shall have the right toj 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 toj preserve and enhance the beauty of such publicly owned Accordingly, iti 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 in 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 of 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 of! heritage trees may be modified from time to time. Once a1 tree on town property is designated as a 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 aj 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 oft 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 at 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 or insect; is dead or dying; obstructs the view oftraffic signs or the free passage of pedestrians or vehicles; or poses at threat toj public health, safety and welfare. J. Top or Topping is the non-standard practice of cutting back limbs to stubs within ai 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 ofthis Ordinance under the supervision and direction oft the Town Council. Atai minimum, a candidate for Tree Steward has a good understanding oft the 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 ofANSI makes finding a tree steward difficult ift not impossible. L. An Arborist is a certified specialist in 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 of] Bath, Morgan  the tree.  County, West Virginia. SECTION 3: TERM OF OFFICE A. Tree Steward (two year term)  The team of five (5) persons tol be appointed by the Mayor and Council shall be as  follows:  B. Member oft the Town Council (two year term) D. Two (2) residents of Morgan County (two year term)  C. Resident of the Town ofE Bath or second Town Council Member (two year term) In the event that a vacancy shall occur during the term oft the member, his/her successor shall be appointed for the unexpired portion oft 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 oft 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 toj 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 ont town property; H. Other duties that may be assigned by the Town Council  The Tree Board shall meet a minimum of 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 ofbusiness.  The Tree Board shall choose its own officers, make its own rules and regulations, and keep minutes ofi its proceedings. A majority oft the members shall be a quorum fort the SECTION 7: COORDINATION AMONG TOWN DEPARTMENIS On matters concerning trees on1 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 asi 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 for C. Spacing: Small trees shall be planted ai minimum of30 feet apart; medium trees shall be planted ai minimum of4 40: feet apart; large trees shall be planted a minimum of 50: feet apart, except in special plantings designed or approved by the D. Distances 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 E. Distance from Street Corners and Fireplugs: No street tree shall be planted 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 of any fireplug. F. Utilities: No street trees may be planted under or within 10 lateral feet ofany overhead utility wire, or over or within 51 lateral feet of 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 of all streets, alleys, avenues,  published by the International Society of Arboriculture. utility clearance shall conform to A-300 standards.  Treel Board. trees, 4 feet.  closer  line, sewer line, transmission line or other utility.  3    lanes, squares and public grounds, as may be necessary toi 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 thereofwhich isi in an unsafe condition, or which by reason ofits naturei 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: WVI lawl requires private landowners to remove trees or toj 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 of eight feet (8') above the surface of a street or sidewalk. J. The Treel 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 toj prune the branches. The owner oft the 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 oft the landowner; where possible the Tree Board may provide limited financial  assistance.  SECTION: 9: INTERFERENCE WITH TREE BOARD WORKERS Its shall be unlawful for any person toj prevent, delay ori interfere with the City Tree Board, or any ofits agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any Street Trees, Park Trees, as authorized ini this ordinance. It shall be unlawful to interfere when the Tree Board has a written partnership SECTION 10: PROHIBITION AGAINST HARMING PUBLIC' TREES Its 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 a tree be illegally 1Under West Virginia Code, Chapter 17, Roads and Highways, Obstructions within the meaning of 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 a matter as to interfere with travel thereon; limbs oft trees which have fallen within a publicroad or branches oftrees 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 ofthei 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 WVCode 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 oft the Tree Steward. Should a 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 oft trees, shrubs, vines, hedges and other plants upon right-of-way of any street, alley, sidewalk or  other public space int 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 to provisions of the article, upon being found guilty of violation, shall be subject to ai fine not to exceed one hundred dollars ($100) for each separate offense. Each day during which any violation ofa any provision ofthis article shall occur or continue shall be a separate offense. If, as ai result oft the violation of any provision oft this article, the injury, mutilation, death ofa a tree, shrub or other plant located on Town owned property is caused, the cost of repair or replacement of such tree, shrub or other plant shall be borne by the party in violation. The replacement value oftrees 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 of such abatement shall be filed as a lien against the property upon which the nuisance was located. In addition, the owner of the 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 tol be heard before the Town ofBath 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 oft the  Tree Board.  First Reading Second Reading Adopted Mayor Recorder  Date_ Date  6    Status of Streetscape, State Park and NBRT Projects for Town Council  Tuesday - November: 21, 2023 STREETSCAPE Thel approved  Phase V: Design & Construction for Phase' V Construction was  by the Finance Committee and the Town  The Funding Agreement  the DOH  Council completed the Resolution required by DOH. Mayor signed and this was sent tol DOH along with the Town Check for the Cash Match  Funding Agreement package  Phase VI Design Committee Grant Application: discussed lighting plans and adjustment to the contents oft the planned Phase VI Streetscape project to accommodate current fiscal situation and to try to get lighting into the final Phase VI project. Town has not yet advised ifi it willl be awarded a TA Grant for design of this project. Grant Application was submitted The Town received an October 27, 2023 Notice of Violation (NoV) from' WW-DEP. According to the date that package was stamped at the original Post Office - it was mailed to the Town on November 15th. Three violations  in. June 2023. Current Issues: were listed:  Berkeley Springs State Park Project  Failed to report the spill into Warm Springs Run  Distinctly visible floating or settleable solids, suspended. solids scum, foam or oily slicks  o Distinctly visible color Av written response to the inspector was required  within  actions taken to abate this violation.  20 days detailing the  Status Copies as of of this this afternoon: NoV were distributed to Town Council on Monday afternoon (11-20-23). Igot a copy Monday The current DOH On-Site rep (Julie Hartman): also has the NoV and advised that the response was the responsibility of the DOH Contractor (Delauter) andi that Delauter now had1 the NoV for action. Itis expected that Delauter and DOH will prepare the written response as required by the NoV There will be ani issue as to when the 20-day requirement will start. The 10-27-23 date on thel NoV cannot be the start of the 20-day requirement when the mailing date of the certified letter to the Town was 11-15-2023. This info was sent to DOH at noon today - in order to rectify the actual due date. The requirements as to Delauter's responsibility for erosion and sediment control are clearly spelled outi in the Current Ina advance Status: of the expected rain, the Run has been cleared of sandbag cofferdams. The mortar repairs are essentially complete. The contractor also planned to remove the sediment control logs near the Fairfax St bridge. The sidewalk color and stamping pattern were accepted by the Park and Park Foundation on Monday. The sidewalk forms are in place and the contractor is expected to begin the pouring and stamping in the next few The days. abutments for the new southside bridge are in place and the stone/mortar wall areas at the abutments are Nothing new to report on the NBRT Design/Build Solicitation by DOH. The official Letting date is still December  Isent evening thel NoVt to DOH D5 and their on-site Rep (Josh White) later that night  solicitation and contract.  complete  NBRT  12, 2023 - with a Construction completion date of March 28, 2025. Construction of the stormwater control facility is Complete. tot tap into the second traunc of grant funding.  Parcel 1B Storm Water Management System  Project reports are in process to CBT in order to obtains funds for the upcoming segments of the project The system is stabilized fort the winter. Landscaping contracts will bel let int the next month, which will allow us  Pete Brown 571-213-3687  1    Native Havens LLC  27F Powers Dr. Kearneysville, WV 25430  Mateyfavens  aSsarmera--.e  Town of Bath Depot Planting Project Planting Design Proposal 11/10/23  Thank you for youri interest in our Planting Design services. See below for proposal details.  Proposal for Planting Design  The actual of about six feet wide. b. Design Work: = $2,500  area is approx. 3,000 sq ft. The planting area willi include the  a. Scope:  planting design  Hugel mounds, the bioretention pond, and the perimeter on1 the west side of the dry streambed  Upon approval, Native Havens LLC will create a custom Ecological Landscape Design The Base Mapping component willl be minimal due to an overhead drone image provided by Please note: the overhead drone images are crucial tot this fee structure. All aspects of the Complete species list provided includes plant names, plant quantities, and recommended Design review meeting up to 1.5-2 hr. (additional time, if required, to be billed at $60/hr.) Each of our designs are unique, comprised of at least 80-90% native species, and are based ony years of experience and education in the fields of ecological and conservation Due to the complex nature of the planting design, major modifications and changes during the course oft the design period may affect the timing and ultimate cost of the project. Therefore, we strongly recommend that the client's listo ofr non-negotiable items is clearly  the client.  scope of the project listed above must be captured in these images.  size at procurement.  landscaping.  defined ini the New Client Questionnaire.  Optional for additional fees  Plant procurement services (consultation and up to full procurement)    Project Summary:  Design Work=$2,500 Total Project Cost: =$ $2,500  Signed/dated  (Client)  (Date)  Signed/dated  (Native Havens)  (Date)  27 Powers Dr. Kearneysvilie, WV25430 II mStraan/-wm.-aeN    AA E R    A A  B dB 5        I$A  $A    $