TOWN OF BATH COUNCIL MEETING  August 22, 2023  1. CALL TOC 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 of August 8, 2023 were 4. PERSONS BEFORE COUNCIL: Town resident Donna Coates appeared before Council to request that she be able to rehabilitate the garden in the Town owned lot. immediately north ofTown Hall. Concerns were voiced regarding past issues oflack ofvolunteers to work the garden, follow through on upkeep and other ideas for the use of the space. It was requested that Ms. Coates organize a volunteer team for this 5. COMMUNICATIONEROMI MAYOR: The Mayor allowed Joe Demarinis oft the Morgan County Jeepers to speak concerning events that this group will be having in the Berkeley Springs State Park this Saturday and future dates. Mr. Demarinis also requested that there be no parking allowed on the first block of South Washington Street on the park side during these events. The matter of parking restriction was referred to the Clerk to add to the next agenda for Council discussion and decision. The Berkeley Springs Volunteer Fire Department (BSVFD) has made it know that they are in need of a new fire truck. An estimated cost is $1.2 million without being outfitted with equipment. The Mayor referred this to the Grant Committee. Senior Life Services ofN Morgan County is looking for donations for their 25 Days of The Back to School Bash sponsored by Morgan County Parks and Rec was held at the Warm Springs Intermediate School on August 11, with great success. The Mountain State Cruisers President GW Easton sent a letter describing and requesting the organization's dates for cruise ins in 2024 (attached). Discussion was MOTION: To approve the Mountain State Cruisers request as presented-  approved by Common Consent.  project and create a plan for Council to consider.  Christmas Project (attached).  held to clarify street closures. Webster/Hal - Carried  Mayor Merki told Council that he has been in contact with WVDOH: District 5 Chief ofEngineering Joe Parks about crosswalks on Washington Street in Bath. Locations included in Council's discussion were at Williams Street, Liberty Street, Mercer Street and at Martinsburg Road and Green Street. It is hoped that since the State required handicap curbing to be installed at some oft these locations that painting crosswalk lines will be permitted. Continuing discussion is expected.  COMMITTEE AND BOARD REPORTS  1    1. BATH DEVELOPMENT AUTHORITY (BDA): The next meeting is September 06. 2. PARKS & REC: No report at this time. The next meeting is September 20. 3. PLANNING COMMISSION (PC): PC Recorder Dave O'Connell reported that the Commission wants to arrange a meeting with the Bath HLC. The next meeting will 4. RAIL/TRAIL (NBRT): The progress report has been submitted to the Town office (attached) and Co-Chair Pete Brown was in attendance with further details. 5. STREETSCAPE: Committee Co-Chair Pete Brown has submitted reports on Streetscape, the Berkeley Springs State Park and the Greenway mausoleum projects to the Town (attached). He introduced the newest member of the Streetscape team, Jeff Duvall. Streetscape meetings will be the third Thursdays ofeach month. 6. TRAIN DEPOT: Chairman Webster is still working toward a November 11 event. She will also submit a Facilities Use Application for the Depot lot for donation 7. LANDMARK COMMISSION (HLC): The Mayor addressed a recent letter (attached) received by HLC: member Zach Salmon. The Mayor referred the letter to 8. CLERK/RECORDER REPORT: Clerk Corrick prepared and presented a 2023 Budget Revision Resolution (attached). This was reviewed by the Finance MOTION: To approve Resolution 2023-08-01 as presented- Webster/Schene- 9.FINANCE: Chairwoman Webster delivered the following bills for approval: (a) Town of Bath $4,778.30- Motion to approve: Webster/Schene- Carried (b). BSWW $56,488.40 - Motion to approve: Webster/MacLeod- Carried (c) Cemetery $3,600.00- Motion to approve: Wehster.Macleod.Camed (d) Tree Board $800.00- Motion to approve: Webster/MacLeod- Carried 10. TREE BOARD: The next meeting is September 20. Member MacLeod advised that 11. GRANT: The next meeting is September 11 at 4:30pm. Chairwoman Hickey reported that the Committee is narrowing down the priority ofneeds ofthe community. She hopes to focus on public safety necessities such as the BSVFD fire truck, cameras, safety vests and officer pay. She encourages input from the community. 12. PUBLIC SAFETY: The next meeting is September 13. Chief Carper emphasized the need for new cameras and associated equipment vital to the safety ofthe community. Locations for new cameras include Town Hall, the Depot and the BSWW Plant. Research is being conducted on financing oft this project. Councilwoman Hickey 13. CEMETERY: The next meeting is August 23. Councilwoman Skinner reported that preparations for the mausoleum repair work are finalizing. She advised that the Finance 14. PUBLIC WORKS: The next meeting is September 5. Nothing further at this time. 15. ORDINANCE: The next meeting is September 20. Chairman Schene is meeting  be September 21.  parking during Apple Butter Festival weekend.  the HLC.  Committee for Council consideration.  Carried unanimously  the Board is preparing the next grant application.  requested competitive review ofbidding.  Committee recommended that mowing stop Labor Day weekend.  2    with his counterpart in Shepherdstown concerning that community's best practices. 16. BSWW: Chairman Hall reported that the committee is reviewing ongoing projects and anticipated maintenance. The next meeting is August 20. The BSWW is preparing for 17.PUBLIC COMMENT: Barb Wolfe questioned the Morgan County Commission's decision to assist with the cost ofmowing in Greenway Cemetery by their allocation of  the retirement of Superintendent Ron Jainniney.  Hotel/Motel Occupancy funds to this maintenance. 18.MOTION TO. ADJOURN: Approved by Common Consent.  Attest:  Mayor otrm  Recorder Sallebsie  3    25 DAYSOF  CHRISTMAS  Senior Life Services of Morgan County is looking for donations for our fundraiser.  For more Information and to donate, Please contact: Michelle Gomez 304-258-3096 x1021 or communyeationatlimeag "Senior Life Services of Morgan County is a non for profit organization. Proceeds will go  to 1 fund our nutrition program.  Senior Life Services dhurgos Coy ie    Pyay  August 4, 2023  Mayor Scott Merki Town of Bath Berkeley Springs, WV 25411  Dear Mayor:  The Mountain State Cruisers will be having their "Cruise-Ins" on the first Friday ofe each month from May to September 2024. They will begin at 5:00 pm and end at 8:00 pm. We will be using the Berkeley Springs State Park for these events. We would like permission to block off Fairfax Street between US 522 and Wilkes Street for these events. The dates for "Cruise-Ins" are: May 3. June 7, July 5, August 2, September 6, and October 4, 2024. They will begin at 5:00pm and end at 8:00 pm. Ina addition, on Saturday June 15, 2024 we will be holding our annual Father's Day Car Show. In addition to blocking off the portion of Wilkes Street mentioned above we are requesting permission to create a non parking area along US: 522 South. This would extend from the traffic light to the entrance of the swimming pool parking area (Country Inn entrance). The time oft the show is 10 am until 3 pm. We will need to start setting up Please advise us of your decision regarding this request by calling our president Gary "GW" Easton at 304-676-8142. Thank you in advance for your consideration.  at 6:30 on that day.  Sincerely!  Cuermven & g)aalas Coness Cessod Mol 8asla3 laan  Gary'GW": Easton -President Mountain State Cruisers P.O.I Box 957 Berkeley Springs WV25411  CE  Sye    Status of Streetscape, State Park and NBRT Projects for Town Council  Monday August 21, 2023 STREETSCAPE  Phase V: Design: 2023.  Thrasher revisions to the 30% PFR design are progressing. Planned completion is around Mid-Sep. There will be another in-Town review of these 90% drawings and Cost Estimate with DOH-li likely in late Sep No date yet for the first Thrasher invoice ($15,000 for the 30% Design) but likely in September. Town will pay. Invoice and DOH will reimburse the payment at 100%. There are three invoices ($55,000 total) to be Discussed next steps for lighting drawings and costs with Jeff Gola and at the Aug 17h Streetscape Committee meeting. Now working on a general Streetscape lighting and power plan. Will discuss with Thrasher on how to maximize light pole foundation work during Phase V Construction contract. Jeff has been told to complete a separate set of construction level drawings that can be used by the Town to complete the planned Phase Vi installation of the (7) streetlights, either in a later Phase or by separate  paid for Phase V design work.  means. These drawings are funded in the basic $55,000 Phase VTask.  Berkeley Springs State Park Grant & Project  DOH awarded Construction Contract on Aug 3rd toi the low bidder: W.F Delauter & Son, Inc; for $578,717 Initial Contract completion date was Sep 8, 2023, but that was when the bid opening was May gth. There will be a delay in the contractual end date due to the extra time needed to obtain the necessary funds for No date yet for the pre-construction meeting. Still working contact with District 5 on date and basic support and storage requirements for the contractor in-Town. Will provide expected needs and Town requirements  the actual. Aug 3rd award. Ihave not seen this new end date.  to District 5 for discussion this week.  Repairs to the Cemetery Mausoleum  Final Draft of RFQ completed Aug 20th- out for final review now. Will be sent later this week to potential contractors. The RFQ identifies the work needed, procedures and materials to be used, etc. This RFQ will The RFQ contains repairs to; Upper concrete vault top area, new left and right corner pillars, repairs to the existing matrix on the façade, cleaning of some/all marble doors, sealing of all marble doors. These repairs also consist of concrete staining and sealing. The previously existing upper façade blocks will not be  be used to obtain pricing from three contractors.  replaced.  NBRT  The Design/Build solicitation for the NBRT has been released to Bid-X.  The official Letting date is still December 12, 2023.  The solicitation has a construction completion date of March 28, 2025. This includes both the Design Phase and the Construction Phase. I don't have a separate schedule for the Design Phase The solicitation for the construction of the innovative storm water management system on Parcel 1B at the Depot Lot was advertised in last Wednesday's Messenger. Planned Bid Opening is September 7t, All post award grant requirements have been submitted to CBT for Phase funding.  Pete Brown 571-213-3687    Zachary Salman PO Box 106 August 16, 2023 271 Wilkes Street  Berkeley Springs, West Virginia 25411  Town ofl Bath Council and Historic Landmarks Commission  Berkeley Springs, West Virginia 25411  Ihave written this letter to hopefully clear up remaining questions and confusion regarding my previous letters to the Town of Bath Council and HLC: regarding the Historic District, as Iknow there were some questions at the. August 3 Historic Landmarks Commission meeting about whyI I would propose to remove the "contributing" status of properties in the historic district. With aesthetic value and economic development being primary motivators for recognizing and maintaining a historic district (which is not al bad thing), it can be easy to forget that we are stewards oft the story of our community, stewards ofal historical narrative. It should go without saying that al high degree of factuality and accuracy is expected in any historical narrative, especially when it is being published and endorsed by the state and federal government and is used as the basis for providing grants and tax credits by government and nonprofit organizations. When professional historians in the United States survey a site, we use the. National Register Criteriaj for Evaluation to make, among others, two. judgment calls inj particular: 1. whether the site is eligible for individual nomination to the National Register ofHistoric Places (NRHP), for example the Hovermale-Mendenhan House or the Berkeley Springs 2. whether the sitei is eligible to contribute to an. NRHP Historic District, such as the Town The first is fairly strict and requires that the site is highly intact from its period ofhistorical significance or is relevant to a person or event of national significance, while the second is far more inclusive of sites that yield and exhibit historical information about the district and the local community, whether it be a building technique, an important person, or a significant event. This evaluation is completely separate from the physical health and condition ofal building, which can understandably cause some confusion when al house that is deteriorating is reviewed more: favorably than al house that is occupied and highly polished. The dilapidated Romanus Hunter House across from Hunters Hardware is actually contributing because, despite its disrepair and missing features, it still exhibits considerable original craftsmanship, particularly in the entry door with transom and sidelights, the window sash, and the cornice. Taken as a whole, its architectural and historic significance to the town is still legible and can be read like a book by someone trying to learn experientially about the history ofthe Town of] Bath. The same goes for the purple house on the other side ofHunter's, because it retains features such as the tower with a dome and spire, the multi-patterned shingles, and the cornices. Ofcourse,  Castle; and  ofBath Historic District.    proper rehabilitations would be preferable to the current conditions oft these houses, but renovations that would eliminate or heavily modify these features would render the houses no There are multiple properties in the' Town of Bath that are old but have already been considered not contributing to the historic district.. A good example is the Creekside Creamery building which, due to the totality of its remodeling in the 1970s-90s, was considered not eligible to contribute in the original 2009 nomination and designation oft the Town of Bath Historic District. The apartment building at 45 North Green behind the fire hall, which used to be al hotel called Paloalto, was similarly. judged unable to contribute. Same with the Mi Ranchito, Helsley Funeral 50 North Washington, the former Mountaineer Sports Bar building, was deemed contributing in 2009 but later deemed noncontributing in the 2021 resurvey, because the firm that conducted the original survey did not fully understand the structure's history and the extent to which it was remodeled ini the 1950s-60s and around 2002-03. The building displays multiple "historic" features, from a traditionaly-styled storefront to a molded cornice, that in fact never existed in these forms before the building'sr remodeling. Regardless of the quality, attractiveness, or convincingness of these features, to recognize the building as a contributing historic structure would be to present false historical information and hurt the integrity of the historic district. This is not to imply that new construction and/or design should never be historically styled and inspired, but it does mean that such a newly-conceived design should not be recognized as a Toj judge a building as ineligible to contribute is not an attack on1 the owners or renovators ofthe building; it is based on the reality of whether the site still conveys accurate and factual historical information. To remove a building from the list of contributing structures is important and necessary to ensure the quality oft the historic narrative being told through the historic district. Especially because the Town of Bath Historic Landmarks Commission is limited ini its ability to be proactive (i.e. there will be no COA requirements), it is even more a matter of integrity for the Historic Landmarks Commission to be responsive to the changes taking place in the district and to ensure that it continues to support ai factual picture oft the community'sl history. Once again, Ir must stress the importance oft the Secretary ofthe Interior: s Standards, included at the end oft this document. These standards, recognized across the United States, ensure that historic buildings are: repaired and adaptively reused in a manner that allows them to continue to yield and convey useful and truthful information about thel history oft the site and the community. Iimplore anyone in the Town of] Bath who is in aj position of leadership and/or has an interest in  longer eligible to contribute.  Home, and Tina Byers Law Office houses.  historic resource.  historic buildings to familiarize themselves with these standards.  Yours, Zachary Salman    The Secretary of the Interior's Standards for Rehabilitation  as subsection oft the Secretary oft the Interior's Standards for the Treatment ofHistoric Properties 1. Aj property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships. 2. The historic character ofaj property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that 3. Each property will be recognized as aj physical record ofits time, place and use. Changes that create a false: sense of historical development, such as adding conjectural features or 4. Changes to aj property that have acquired historic significance in their own right will be 5. Distinctive materials, features, finishes, and construction techniques or examples of 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement ofa distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. 7. Chemiçal or physical treatments, ifappropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. Ifsuch resources must 9. New additions, exterior alterations, or related new construction will: not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with thel historic materials, features, size, scale and proportion, and massing to protect the integrity oft the property 10. New additions and adjacent or related new construction will be undertaken in such a manner that, ifremoved in the future, the essential. form and integrity oft the historic  characterize aj property will be avoided.  elements from other historic properties, will not be undertaken.  retained and preserved.  craftsmanship that characterize aj property will be preserved.  be disturbed, mitigation measures will be undertaken.  and its environment.  property and its environment would be unimpaired.    LGSDE BR( (Ver. 2020) Ora Ash, Deputy State Auditor West Virginia State Auditor's Office 200 West Main Street Clarksburg, WV 26301 Phone: 627-2415 ext. 5114 Fax: 304-340-5090 Email: Igs@wvsao.gov Person To Contact Regarding Request: Name: Sharron Corrick Phone: 304-258-1102 Fax: 304-258-3638 Email: townolbati@wydsinet REVENUES: (net each acct.) ACCOUNT NUMBER 298  REQUEST FOR REVISION TO APPROVED BUDGET Subject to approval oft the state auditor, the governing body requests that thel budget be revised priort to the expenditure or obligation off funds for which no appropriation ori insufficient appropriation currently exists.  CONTROL NUMBER FiscalYear Ending:. 2024 Fund: Revision Number: Pages:  2 3 1  (S 11-8-26a)  Town of Bath GOVERNMENT ENTITY 271 Wilkes Street STREET ORF POBOX Berkeley Springs CITY  Municipality Government Type  WV25411 ZIP CODE  ACCOUNT DESCRIPTION Assigned Fund Balance #N/A #N/A #N/A #N/A  PREVIOUSLY  REVISED AMOUNT  APPROVED AMOUNT (INCREASE)  (DECREASE)  310 Coal Severance Tax  2,991 4,798  9  3,000 4,789  9  NET NCREASE/DECREASE) Revenues (ALLI PAGES) EXPENDITURES: (net each account category)  Explanation for Account #: 378, Municipal Specific: Explanation for Account #: 369, Contributions from Other Funds:  (WV/CODE7-1-9) REVISED AMOUNT  ACCOUNT NUMBER  ACCOUNT DESCRIPTION  PREVIOUSLY  APPROVED AMOUNT (INCREASE)  (DECREASE)  #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A  NETI NCREASE/DECREASE)Expenditures APPROVED BY THE STATE AUDITOR  8/22/2023 APPROVAL DATE  BY:  AUTHORIZED! SIGNATURE OF ENTITY  Deputy State Auditor, Local Government Services Division Date    AA    3 of    $ $  a