TOWN OF BATH COUNCIL MEETING  July 25,2023  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 ofthe Regular Meeting ofJuly 11, 2023 were 5. COMMUNICATION FROMMAYOR: The Mayor announced that the Council meetings for the month of August will be on the second and fourth Tuesdays. The September meetings will resume the regular schedule ofthe first and third Tuesdays. The Morgan County Expo will be held on July 29 in the Berkeley Springs State Park. The Mayor presented a Facilities Use. Application (attached) from Darren Lucas, Pack 81 Committee Chair, requesting the use ofLiberty Street for Boy Scout Pack 81 MOTION: To approve the Facilities Use application for Boy Scout Pack 81- A: second Facilities Use. Application (attached) was presented by the Mayor. This request was submitted by Deb Colbert and Chris Sarber asking for the use ofthe Depot Lot on November 11, 2023, for a Food Truck Festival in conjunction with the MOTION: To approve the Facilities Use Application for the Depot lot as presented- Alice Lantz, MSGT (ret) USAF, submitted a request (attached) to add military memorials on the Fairfax Green. It was recalled that in a past similar situation Council discovered. that the WV DOH possesses the ROW for the Fairfax Green. It was decided to refer Ms. Lantz to the WV: DOH for furtherance oft this project. Att this point Mayor Merki asked for a motion to go into Executive Session to advise Council on legal matters. No decisions will be made in Executive Session. MOTION: To go into Executive Session at 5:41pm- Hickey/Schene- Carried MOTION: To come out of Executive Session at 6:14pm- Hickey/Macleod- Carried  approved by Common Consent.  4. PERSONS BEFORE COUNCIL: None at this time.  toj park cars during the Apple Butter Festival.  Webster/Skinner - Carried  Depot Grand Opening. Webster/Hickey - Carried  No decisions were made in Executive Session.  COMMITTEE AND BOARD REPORTS  1.1 BATH DEVELOPMENT AUTHORITY (BDA): The next meeting is August 2. 2. PARKS & REC: No report at this time. The next meeting is July 19. 3. PLANNING COMMISSION (PC): President Landon advised that the next meeting is August 3. He also reported that on July 20, 15 boys from Boy Scout Troop 1532 of Annandale, VA conducted a trash clean-up which included the Depot lot, N. Washington Street from the Depot to Fairfax Street and the entirety of Wilkes Street.  1    Much appreciation was shown.  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. STRBETSCAPE: Committee Co-Chair Pete Brown has submitted reports to the Town office (attached) and was in attendance. He announced the addition of Jeff 6. TRAIN DEPOT: Chairman Webster will be working with the approved food truck event organizers to create a community event on Nov. 11, 2023 to celebrate the opening of the Depot and Veterans Day. She is also communicating with Region 9 Planning and Development on future funding for Depot enhancements. 7. LANDMARK COMMISSION (HLC): The next: meeting is August 4 at Town Hall. 8. CLERK/RECORDER REPORT: Clerk Corrick prepared and presented two 2023 Budget Revision Resolutions (attached). These were reviewed by the Finance MOTION: To approve Resolution 2023-07-01 as presented- Webster/Schene- MOTION: To approve Resolution 2023-07-02 as presented = Webster/Schene- Recorder Webster noted that she had received a reply from the owners of the Post Office property and that they are striving to complete repairs by July 31. 9. FINANCE: Chairwoman Webster delivered the following bills for approval: (a) Town ofBath $26,524.08- Motion to approve: Webster/MacLeod- Carried (b) BSWW $62,844.75 - Motion to approve: Webster/Skinner- Carried (c) Cemetery $3,600.00- Motion to approve: Webster/MacLeod-Carried (d) Depot $17,048.83- Motion to approve: Webster/Hall- Carried (€)Hotel/Motel $26,188.90- Motion to approve: Webster/Schene- Carried 10. TREE BOARD: The next meeting is August 16. Member MacLeod explained that there will be training on July 26 on tree maintenance in conjunction with the Arborscape Program. This is part ofthe recent tree survey in Bath. 11.G GRANT: The next meeting is August 14 at 4:30pm. Chairwoman Hickey has had her first committee meeting which included an overview of current Town grants. The committee is interested in the alignment of grants with the Bath Comprehensive Plan. 12. PUBLIC SAFETY: Chief Carper reported that! his office is reviewing new background packages for the BSPD personnel. A much needed radio was donated to the PD by Loudon County, VA. Future meetings will be the second Wednesday of 13. CEMETERY: Chairman Skinner announced that the Morgan County Commission has appropriated $12,000.00 to the Greenway Cemetery mowing expense which is appreciated. The mausoleum repair work is progressing (attached). 14. PUBLIC WORKS: Chairwoman MacLeod informed Council that ai minor leak on the garbage truck has been repaired. Two garbage truck tires had to be replaced due to damage by accidentally running over nails at a landfill. MacLeod is still looking for storage for the pavers and red brick at the Depot lot. The yellow bricks will be used with  DuVall to the committee roster.  Committee for Council consideration.  Carried unanimously Carried unanimously  the month at 4pm.  2    the Trial Head project.  15. ORDINANCE: Chairman Schene reported that the next meeting is August 16 at 4pm. His committee is reviewing existing ordinances and enforcement oft the Bath code. The committee is also tasked with completing the Personnel Policy revision. 16. BSWW: Chairman Hall reported that the committee is reviewing ongoing projects and anticipated maintenance on tanks, metering in the plant, replacement ofequipment, water tank levels and production. The next meeting is August 7. 17.PUBLIC COMMENT: Kevin Kellman inquired about the possibility of installing additional crosswalks on S. Washington Street. The Mayor will look into this with the WVDOH since this street is part of the state highway system. There was a request that monthly public BSPD reporting be resumed. 18. MOTION TO ADJOURN: Approved by Common Consent.  Attest: Mayor  Recorder  LtEnub  Sensl  3    Town of Bath  Application for Use ofTown Property Date Application Submitted: -77/23  RckSI-SKBSA Jes Bklgy Spiny  A. Requesting Group or Organization. B. Name of Responsible Persanlhnn C. Address 367 Nicole  Lent  WU 2S71L  D. Telephone Number 301.33/.9983 E. Property Requested Libehy  - S. Lot  BuHe feshvel  F. Purpose ofUse Prking Gis fr Apk G. Will Admission be Charged or ProductSold? %és  H. Date/s_ 197/23, 19lg/3  I.  Beginning and Ending Time/s 9lco an * Swopm  Submit' To Town Council Approved Denied  Application is:  Approved Subject to Following 1) Usage-Fee-Requtred aA 2) Proof of Insurance on File  Signature of Approval - oS ex Posso  Date 7lasa3    Town of Bath  Application for Use ofTown Property  Submitted: July9,2023  Date Application  Bricello's Grilled Formaggio and' The 301  A. Requesting Group or Organization, B. Name of Responsible Person.  Deb Colbert /Chris Sarber  PO Box 953 Berkeley Springs, 25411  C. Address D. Telephone Number. E. Property Requested F. Purpose ofUse.  410-688-4654  Train Depot 342 N Washington Street Train Depot Grand Opening /Food truck festival  No admission fee, Food will be sold  G. WillAdmission be Charged or Product Sold?  November 11, 2023  H. Date/s I.  and Ending' Time/s 11:00-4 4:00  Beginning  Submit' To' Town Council Approved Denied  Application is:  Approved Subject to Following 1) UsagePee-Reguired 2). ProofofInsurance on File  /  Date Taslas  Signature of Approval  XC  Ree GES    Sharon Corrick From: Sent: To: Subject: Sharon,  Thursday, July 20, 20234:561 PM townotbatn@wydsinet New Monument  Per our phone call, there is a group of former and retired 167th Airlift Wing members who are interested in erecting, on the Fairfax Street Green, a small monument identical or similar to the monument at the Martinsburg Air National Guard that is base dedicated to the six flyers who lost their lives int the C-130 crash on Fairview Drive 7 October 1992. There was ap picture of the base monument in the Morgan Messenger last October. The monument is approximately waist to chest high with al brass plate on top and is engraved withi the faces oft the six airmen who perished in the crash. Looking at the Green, the space at the Mercer Street end, across from the 911 building, would be best. There is currentlya a planter surrounded by flowers that would work perfectly. The monument would replace the planter leaving the flowers Ihave also spoken to the homeowner of the actual crash site to lay a flat stone in the grass next tot the road marking that Also, there are many of us who are veterans of Desert Shield & Storm, Iraq, Afghanistan, Lebanon, Panama, Beiruit, Somalia and many other Operatons who would like to erect a monument similar to the large WW1, WW2 and' VN monuments on the Green. We would also add the Korean' War vets to our new monument as they currently have no Thank you for your time and llook forward to speaking with youi in the near future regarding these new monuments.  undisturbed. area.  recognition or representation on the other three monuments already standing.  Thank You, Alice. J Lantz, MSGt, (ret), USAF Sent from my iPhone  Sharon Corrick From: Sent: To: Subject:  Susan Webster Friday, July 21, 2023 12:04 PM MacLeod; Tom Hall Re: FW: New Monument  Sharon Corrick; Beth Skinner; Greg Schene; Mary Lynn Hickey; Merki, Scott; Rebecca  If you recall during the Vietnam' Veterans Memorial research and discussion it came to light that the Fairfax Greeni is in the WV: State ROW. We and Foxglove Garden Club have have maintained it, but the control of it and what is allowed to  bei ini it lies with the State. My recollection, Susan    Status of Streetscape, State Park and NBRT Projects for Town Council  Tuesday July 25, 2023 STREETSCAPE costs  Phase V: Design:  Cost estimate is  about  Preliminary Field Review (PFR) of 30% design and  completed July 11th.  over-budget by  $45,000. Plan to eliminate the final installation oft the 7 new streetlight fixtures, but complete all the conduit and junction box installation in a fashion that connection to power, wiring, light foundation and light pole assemblies can be done at later date, under a separate contract. We have asked Thrasher to complete all the required drawings fort this separate effort since the Phase V drawings are fully funded (at $55,000). Preliminary DOH Funding Agreement fort the Construction Phase was received, but did not have the correct budget number. This is being corrected. Town Streetscape Account has sufficient funds to support the Cash Match of about $107,000. Do not plan to sign and fund the Construction Phase until after the 90% Design and Cost Estimate is  DOHI requested the next step in design (90% completion) be set for mid-September.  complete (September) Phase VI: Design Grant Re-Application:  Our Phase' VI Design Grant Application has been accepted  Cash Match  Grant Funding request was increased from $48,000 to $56,000 (New Total including $15.000 Town's request for County Hotel/Motel taxf funds for $15,0001 to support his design phase was approved.  is $70,000)  Berkeley Springs State Park Grant & Project  The DOH Supplemental Funding Agreement was signed by the Mayor and along with a check fort the Sponsor Cash Match ($35,590.04) was expressed to DOH. Bid was extended to August 8th and DOH is currently working to awarda contract by Thank that date. You" letters to Officials who helped with the required Cash Match to support this Contract Award.  Preparing  Repairs to the Cemetery Mausoleum  Allf façade blocks were removed during sample removal on July 11th. This was treated as a Safety hazard since there OK. Meeting with Cemetery Committee Wednesday to help determine next steps for façade work and matrix work.  was no visible "locking" provisions other than gravity.  brief  In  condition of main vault seems  Visual inspection was made by Geoff Gola (Thrasher). Awaiting report. general,  NBRT  Town and HDR (Designers) completed all open actions for us from the June 13th pre-solicitation session at DOH.  Results were sent to DOH on July 3rd. Project is not yet in the September or October DOH Lettings when the project will be advertised for bids  schedule (Bidx).  Have asked Mark Scoular for  on update  Working on plans and solicitation for Parcel 1B Storm Water Management Construction.  Pete Brown 571-213-3687    LGSD BR (Ver. 2020) Ora Ash, Deputy State Auditor West Virginia State Auditor's Office 200 West Main Street Clarksburg, WV 26301 Phone: 627-24156 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: townotbaln@wvdsinet. REVENUES: (net each acct.) ACCOUNT NUMBER 310  REQUEST FOR REVISION TO APPROVED BUDGET Subject to approval oft the state auditor, the governing bodyr requests that the budget! be revised prior tot the expenditure or obligation off funds for which no appropriation ori insufficient appropriation currently exists.  FiscalYear CONTROL NUMBER Ending:. 2024 Fund: 2 RevisionN Number: 1 1 Pages:  (S1 11-8-26a)  Town of Bath GOVERNMENT ENTITY 271 Wilkes Street STREET ORF POBOX  Municipality Government Type  Berkeley Springs CITY  WV25411 ZIPCODE  REVISED AMOUNT  ACCOUNT DESCRIPTION Coal Severance Tax #N/A #N/A #N/A #N/A #N/A  PREVIOUSLY  APPROVED AMOUNT (INCREASE)  (DECREASE)  4,789  4,000  789  NETI NCREASE/DECREASE) Revenues (ALL PAGES) EXPENDITURES: (net each account category)  789  Explanation for Account # 378, Municipal Specific: Explanation for Account: #: 369, Contributions from Other Funds:  (WVC CODE 7-1-9) REVISED AMOUNT  ACCOUNT NUMBER  ACCOUNT DESCRIPTION  PREVIOUSLY  APPROVED AMOUNT (INCREASE)  (DECREASE)  7,789  755 Street Construction #N/A #N/A #N/A #N/A #NIA #N/A #N/A #N/A #N/A  7,000  789  NET NCREASE/DECREASE) Expenditures APPROVED BY THE STATE AUDITOR  789  Tlaslos APPROVAL DATE  BY:  S  Deputy State Auditor, Local Government Services Division Date  OF ENTITY    LGSD BR (Ver. 2020) Ora Ash, Deputy State Auditor West Virginia State Auditor's Office 200 West Main! Street Clarksburg, WV 26301 Phone: 627-24156 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: Townolbath@wwds.net: REVENUES: (net each acct.) ACCOUNT NUMBER 299 304 305 350 397 399  REQUEST FORI REVISION TO APPROVED BUDGET Subject to approval oft the state auditor, the governing bodyr requests thatt the budget be revised prior to the expenditure or obligation off funds for which no appropriation ori insufficient appropriation currently exists.  FiscalYoar CONTROL NUMBER Ending: 2024 Fund: 1 Revision Number: 1 Pages: 1of1  ($11-8-26a)  Town of Bath GOVERNMENT ENTITY 271 Wilkes St STREET ORPOBOX Berkeley Springs CITY  Municipality Government Type  WV25411 ZIP CODE  REVISED AMOUNT 90,543 68,562 61,000 110,000 2,600 4,500  ACCOUNT DESCRIPTION Unassigned Fund Balance Excise Tax on Utilities Business and Occupation Tax Reuse Collecton (Garbage and Trash Fees) Video Lottery Miscellaneous Revenues  PREVIOUSLY  APPROVED. AMOUNT (INCREASE)  (DECREASE) 29,162  119,705 60,000 46,000 108,000 1,500 2,000  8,562 15,000 2,000 1,100 2,500  NET NCREASE/DECREASE) Revenues (ALL PAGES) EXPENDITURES: (net each account category)  Explanation for Account # 378, Municipal Specific: Explanation for Account #: 369, Contributions from Other Funds:  (WVCODE7-1-9) 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  NET NCREASE/DECREASE) Expenditures APPROVED BY THE STATE AUDITOR  25  125123 APPROVAL DATE  AUTHORIZED: OMTIRN OF ENTITY  BY:  Deputy State Auditor, Local Government Services Division Date    Sharon Corrick From: ient: To: Subject: Attachments:  Elizabeth Skinner Thursday, July 20, 2023 9:17 AM Sharron Corrick; Peter Brown; Tom Miller Cem Com Agenda July 26 #9AM Cem Com Agenda. July 26,2023.docx  Sharron, Please post this agenda and distribute iti to the council.  The Cemetery Committee will meet next Wednesday, July 26, 2023, at 9AM. This will be an unusual meeting, because Brown (Streetscape) and' Tom Miller (retired DOH engineer) will meet with the committee to discuss repairs on the  Pete mausoleum. We: are working to identify  These  have been assisting me as volunteers to oversee the restoration oft the mausoleum.  two gentlemen what has to be done to  the mausoleum and to prepare a new contract fort the  properly repair  interested in  work. We will keep the rest of the meeting very brief, so that the meeting stays around an hour. Anyone about Greenway Cemetery is welcome to attend. Greenway Cemetery is the largest piece of property owned by learning the Town of Bath. In addition, it has become a financial obligation to the Town, since Greenway is no longer self- supporting. The Council has al legal obligation under its Charter to maintain Greenway Cemetery. Thanks.  Beth Skinner    Town of Bath Cemetery Committee July 26, 2023 # Town Hall Agenda  1. Mausoleum Discussion with Pete Brown & Tom Miller  2. Financial Report 3. Hotel/Motel Application 4. Grave Maintenance  5. Contract End Date in Greenway Cemetery