TOWN OF BATH COUNCIL MEETING  Tuesday, April 4, 2023  1. CALL TO ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Chris Chapman (X) Rose Jackson (X) Elizabeth Skinner (X) Greg Forney (X) Rick Weber (X) Quorum present. 3. REVIEW OF MINUTES: Minutes of the Regular Meeting ofMarch 21, 2023 were 5. COMMUNICATION FROM MAYOR: The Mayor informed Council ofal letter received from David Abruzzi regarding clarification from the Bath Planning Commission. Planning Commission President Larry Landon has addressed the issue. Another letter received from Mr. Abruzzi pointed out errors in the Bath Historic District map which was referred to the Historic Landmark Commission. Make It Shine Chairwoman Beth Skinner reported that this clean up program was postponed until April 15 from 9:30 -noon due to inclement weather on April 1. Volunteers are encouraged to be at Town Hall or Greenway Cemetery on the new The Mayor presented the annual Arbor Day Proclamation (attached). MOTION: To approve the Arbor Day Proclamation as presemted.aeksonveber Council has received an invitation to the Partners in Prevention Breakfast on April 5. 1. BATHI DEVELOPMENT AUTHORITY (BDA): The next meeting is April 5 in the  approved by Common Consent.  4. PERSONS BEFORE COUNCIL: None at this time.  date to receive further instructions.  Carried.  COMMITTEE AND BOARD REPORTS  County Commission Room.  2. PARKS & REC: The next meeting is April 19 in the Courthouse. 3. PLANNING COMMISSION (PC): The next meeting is April 6, 2023. 4. RAIL/TRAIL: The progress report has been submitted to the Town office (attgched). 5. STREETSCAPE: Committee Co-Chair Pete Brown has submitted reports to the Town office (attaphed). The Committee is in discussion with WV DOHI District 5 concerning the Independence Street bridge (attached letter and brochure). Since the bridge has been deemed a contributing structure within the Bath Historic District the matter has also been referred to the Historic Landmark Commission. 6. TRAIN DEPOT: Chairman Webster reported that the WV: DOH Project Manager Kyle Olive has completed his final walk through of the project and was pleased with outcomes. Webster has obtained adequate funding including a $900.00 donation from CNB Bank to sand and finish the Depot hardwood flooring. The Mayor has authorized the Town to contract with Shenandoah Flooring for a price of$1,800.00 for this work. She is meeting with The Mills Group for a project walk through and discussion on the next grant funding needs and opportunities. Webster is planning a 7. LANDMARK COMMISSION (HLC): President John Mason informed Council he  grand opening celebration in early June.  1    believes he has met the intent ofMr. Abruzzi's recent inquiry. Discussion was held concerning historic signage and other sign placement for the Town of Bath to promote and enhance Bath's attraction to the traveling public especially considering the new by pass of the community. Road naming and other marketing methods were explored. The Mayor intends to invite the Berkeley Springs Morgan County Chamber ofCommerce and TBS to a future Council meeting for further evaluation. 8. CLERK/RECORDER REPORT: Recorder Webster reported that the FY 2024 Bath budget was submitted in a timely manner. The Committee also reviewed and presented two facility use requests (attached) with recommendations. MOTION: To approve the Trail Depot application with a waived $100.00 fee- 9. FINANCE: Chairwoman Webster delivered the following bills for approval. (a) Town of Bath $19,110.13- Motion to approve: Forney/Weber- Carried (b) BSWW $11,032.58 - Motion to approve: Forney/Weber- Carried (c) Hotel/Motel $22,935.30- Motion to approve: Fomey/Weber-Carried (d) Depot $7,134.37- Motion to approve: Forney/Weber- Carried  Jackson/Skinner- Carried.  The Asplundh application was held for more information.  10. TREE BOARD: Nothing further at this time. 11. GRANT: No report at this time.  12. PUBLIC SAFETY: Chairman Jackson reported that the resignation of] BSPD Chief Link and Secretary Danielle Swope have been received. Applications for administrator are being accepted. Town ofBath ChiefofPolice Carper has hired two part time officers. Both Officer Ron Gardner and Officer Chuck Hess are certified. 13. CEMETERY: Chairman Skinner advised that the standard bid process for municipalities is required for the mausoleum repair work. Skinner presented a request to the Ad Hoc ARPA Fund Committee in the amount of $3,000.00 for drainage and vegetation work necessary at the Greenway Cemetery mausoleum. MOTION: To approve the ARPA Fund expenditure of $3,000.00 for the mausoleum 14. PUBLIC WORKS: Chairman Weber reported that the Labor Crew is occupied with 15.ORDINANCE: Councilman Chapman reported that the Personnel Policy is still being 16. BERKELEY SPRINGS WATER WORKS: The Water Line Extension Project is 99% completed and proceeding with clean-up, Cornelius Street asphalt overlay and punch list duties. Remaining Project available funds have allowed the BSWW to make needed improvements to Grand Hollow Trail. The BSWW: has a successful candidate for Assistant Superintendent in Richard Mayhew. Future BSWW improvement needs include upgrades to the telemetry systems in the Plant and other locations. 7,MOTIONTOADOURNE Approved by Common Consent.  repair work as presented- Webster/Fomey- Carried  seasonal spring clean up work. reviewed by the Town's Attorney.  Attest:  Mayor LtEnié  Recorder Sfbede  2            Council Alembers Elisabeth Shimer Rick eber Chris Chapman 3Rose Jackson Oreg. forney  flapor Stott flerki Recorber usan 3. ebster  Cown of Dath  271 ilkes Street, Berkelep Springs, 25411 Bhone 304-258-1102 fax 304-258-2638  Kyle Baranowski WVDOH District 5 Bridge Design and Repair P.O. Box 99 Burlington, WV26710-0099  Re: Town of Bath Independence Street Bridge Replacement  Mr. Baranowski,  You recently contacted Peter Brown of our Streetscape Program to inform him ofplans for the replaçement of the Independence Street Bridge. You were seeking comments on the modification oft the plans approved in 2019, which included a sidewalk. You stated that in your opinion no sidewalk exists now, sO none would be installed now. However, this is false since the surface of the existing sidewalk is still quite apparent. The sidewalk curb has been obscured over the years by the application of several layers of asphalt, which raised the bridge deck until it is nearly level The Town Council is objecting to any bridge replacement that does not include a sidewalk. We suggest thati ifyou are unable toj provide a bridge design suitable to our community you continue to shelve the project. The weight restrictions oft the existing bridge provide at least a small degree Independence Street is aj principal route for residents and visitors of the North Berkeley neighborhood inl Berkeley Springs. The Fairfax Street interchange being constructed on1 the Berkeley Springs Bypass on State Route 2 will increase traffic in this area. Iti is imperative that a defined pedestrian path bei installed as a traffic calming measure to protect our citizens. The earlier DOH replaçement oft the Mercer Street Bridge without a sidewalk is an unfortunate example of shifting costs from the state to our small town. Thisi is because the design, permitting, and cost for a new pedestrian bridge was shifted from the state to al later and unfunded phase of the Streetscape Program. By forcing pedestrians onto Mercer Street without even ai marked walking lane this remains aj pedestrian safety problem to this day. Your suggestion that the Town shoulder the burden for design and construction of another pedestrian project onl Independence Street is unrealistic. Our Streetscape Program plan is set for the next five years, andl has no  with the sidewalk,  ofs safety for the many pedestrians that use this route.  funding at this time to add a sidewalk to either location.  Ihe ation's @lbest Tealthy Spa  Since 1748    Council flembers lisabeth Skimmer Rick eber Chris Chapman 3Rose Jackson @reg ffornep  lapor Stott lerki Recorber Susan 3. Mebster  BERK  776  Coun of Dath  271 ilkes Street, Berkelep Springs, 25411 pljone 304-258-1102 fax 304-258-2638  The Town ofl Bath takes pride in the work it is doing ini improving the walkability ofthe community for residents and our many visitors. It has invested significant resources in improving sidewalks and safety features, as has the WVDOH using State and Federal funds. After discussions with our engineer, we understand there are ways toi install the bridge deck that creates a sidewalk and curb without adding a significant cost to the replacement. We look  forward to reviewing a new set of plans that incorporates this feature.  Thank you,  ut E. Mek Scott Merki, Mayor  Ihe Sation's Olbest ealt! Spa  Sinte 1748    flapor Srott Alerki Recorber Susan 3. ebster  BERKE  Council flembers Eligabeth Skinner 3Rick eber Chris Chapman 3Rose Jackson Breg jfornep  Coun of Datl  271 ilkes Street, erkelep Springs, 25411 phone 304-258-1102 fax 304-258-2638  ARBOR DAY PROCLAMATION In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting ofi trees, and the holiday, called Arbor Day, was first observed with the planting of Arbor Day is now observed throughout the nation and the world, and trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and trees are ai renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and trees, wherever they are planted, are a source ofjoy and spiritual renewal, I,Scott Merki, Mayor oft the City ofE Bath, do hereby proclaim  Whereas, Whereas, Whereas, Whereas,  more than ai million trees in Nebraska, and  Whereas, Whereas, Whereas, NOW, THEREFORE,  April 19th 2023, as  ARBOR DAY  in the City ofl Bath, and I urge all citizens to celebrate Arbor Day and to support efforts toj protect our trees and woodlands, and Iurge all citizens to plant and care for trees to giadden the heart and promote the well-being ofthis and future generations. this 4th day of April in the year 2023.  Further, Dated  Mayor  Che ation's ODbest ealt! Spa  Since 1748    Town of Bath  Application for Use ofTown Property Date Application Submitted: 3-27-23  A. Requesting Group or Organization AsPlundh TreeExped LLC  B. Name of Responsible Person Lery Payne St.  C. Address 6002 River Rasd Berkilg Sptia wV ar41  D. Telephone Number 304-671-3582  E. Property Requested Beckuey Springs Train Dapat  F.  Purpose ofUse_ Parkins 6to8 Lift Truckeknplays personslUchides  G. Will Admission be Charged or Product Sold? No  H. Date/s OPEn ended  I.  Beginning and Ending Time/s  Submit To Town Council  Application is:  Approved Denied  Approved Subject to Following 1) Usage Fee Required 2). Proofoflnsurance on File  Signature of Approval  Date    Town of Bath  Application for Use ofTown Property Date Application Submitted: 3lados  -  A. Requesting Group or Organization Trail Depot B. Name ofl Responsible Person Alov Toiyeire  C. Amlen.lnalig.n. 15 hunulnyisplolsur  D. Telephone Number 5D1-478-1183  E. Property Requested Trciin Depot Pncirglat  F. Purpose ofUse_ Parlling for Brand Oponingn Jlore acoss  Me Sgreet lnd placentent ehup Porlabhns  G. Will Admission be Charged or Product: tSold? no  H. Date/s May J8,ADA3  I.  Beginning a and Ending Time/s Qom L-5pm  Submit To Town Council  Application is:  Approved Denied  Approved Subject to Following 1) Usage Fee Required 2). ProofofI Insurance on File  Signature of Approval  Date