TOWN OF BATH COUNCIL MEETING  Tuesday, July 19, 2022  1. CALL TO ORDER: @ 5:30pm by Mayor Pro Tem Webster  The: first order oft business in the absence of the Mayor was to appoint a Recorder Pro Tem MOTION: To appoint Elizabeth Skinner as Recorder Pro Tem for the July 19, 2022, Regular 2. ROLL CALL: Scott Merki (A) Susan Webster (X) Chris Chapman (X) Rose Jackson (X) Elizabeth Skinner (X) Greg Forney (X) Rick Weber (A) Quorum present. 3. REVIEW OF MINUTES: Minutes ofthe Regular Meeting ofJuly 5, 2022 were 4. PERSONS BEFORE COUNCIL: Mayor Pro Tem Webster called to order a Public Hearing on the proposed "Ordinance Vacating, Abandoning and Annulling that Part of East Liberty Street Not Used for Street Purposes in the Town of Bath, Morgan County, West Virginia" (see attached). Attorney Charles Trump, representing the adjoining property owners, presented the purpose ofthe ordinance and informed the public that all the requirements had been met to allow Council to conduct a Second and Final Reading on the ordinance. No one from the public asked to speak on this MOTION: To adopt, "Ordinance Vacating, Abandoning and Annulling that Part of East Liberty Street Not Used for Street Purposes in the Town of] Bath, Morgan County, West Virginia" as presented-cksopFomey Carried. 5. COMMUNICATION FROMMAYOR: The Ad Hoc ARPA Committee meeting will be. July 26, 2022, at 4pm. The public is invited to participate in the "Chilled Cocoa  for this meeting.  Council Meeting- Jackson/Chapman- Carried.  approved by Common Consent.  issue. The Public Hearing was closed.  Craw!" on July 22, 2022, from 5pm until 9pm.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY: The next meeting is August 3, 2022. An application for appointment to this Authority was received by the Town office from Paula Strait, This application will be added to the next agenda and Ms. Strait will be 2. PARKS & REC: The next meeting is July 20, 2022. Those interested in serving on 3. PLANNING COMMISSION: President Landon reported that the working group of the Commission is studying the local demographics for use. in the Comprehensive 4. RAIL/TRAIL: Committee Co-Chairman Pete Brown has submitted progress reports to the Town office (see attached). The: next meeting is July 27, 2022. 5. STREETSCAPB: Committee Co-Chair Pete Brown has submitted reports to the  asked to attend.  this board are encouraged to contact the Town. Plan. The: next meeting is August 4, 2022.  1    Town office (see attached).  6. TRAIN DEPOT: The interior rehab construction of the Depot continues. The Owner's meeting will be July 27, 2022 with Building Systems, The Mills Group and Town representatives. All ofCouncil is invited. The meeting will focus on restoration efforts and funding. Owner's Meetings will be held every two weeks until 7. LANDMARK COMMISSION: Mayor Pro Tem Webster presented for discussion and First Reading Ordinance Amendment 2022-07-01, which she distributed for review at the Council meeting of. July 5, 2022(see attached). This amendment corrects Town of] Bath Chapter 42 inconsistencies with WV Code and addresses residency concerns, Councilman Chapman called for the matter to be referred to the Ordinance Committee. Discussion was held with concurrence that should more time be needed the Second Reading of Ordinance 2022-07-01 would be delayed. MOTION: To approve for First Reading Ordinance 2022-07-01 amending Chapter Webster advised Council that a volunteer application for the Historic Landmark Commission had been received by the Town from Joyce Jones. This will be added to the next agenda for consideration and Ms. Jones will be asked to attend. 9. FINANCE: Chairwoman Webster presented the following bills for approval. (a) Town of Bath $16,653.84- Motion to approve: Forney/Jackson- Carried. (b) BS Water $55,720.18- Motion to approve: Forney/Jackson- Carried. (C) Greenway Cemetery $3,685.00- Motion to approve: Forney/Jackson- Carried. (d)Hotel/Motel Distribution $29,437,37-Motion to approve: Fomey/S-imner-Caried. 11.PUBLIC SAFETY: ChiefLink reported that applicant interviews for new Officers will be held soon, Applications for part time Police Secretary are being accepted. The Police 13. ORDINANCE: Councilman Chapman submitted for First Reading Ordinance 2022-07- 19, Amending the Notification of Building or Real Property Improvement Ordinance to MOTION: To approve Ordinance 2022-07-19 for First Reading- Chapman/lackson- 14. CEMETERY: Chairman Skinner advised that the annexation oft the Olde English Cemetery is complete. Town Attorney Richard Gay has suggested that rather than selling an used portion of this cemetery that an easement for the adjoining property owner my 16. BERKELEY SPRINGS WATER WORKS: Chairman Chapman advised Council that the water line replacement project still has no firm start date at this time. The Committee meeting ofJuly 20, 2022 has been canceled, The next meeting will be Monday, August  project completion.  42 Historic Preservation- Forney/Skinner- Carried.  8. CLERK/RECORDER REPORT: No report at this time,  10. TREE BOARD: No report at this time.  Report for June was presented. 12. PUBLIC WORKS: No report at this time.  satisfy State, County and Bath needs (see attached).  Carried.  suffice.  15, GRANT: Nothing further to report.  1,2022  2    17.MOTION TO ADJOURN: Approved by Common Consent.  Attest: Mayor  LH  Sfnua Recorder HRIH  Dpimm  Eluyha  3    ORD/MANCEVACATING, ABANDONING AND ANNULLING THE TOWI OFI BATH, MORGAN COUNTY, WESTY VIRGINIA WHEREAS, it) has beèn determined by theTowii Council ofthe Town of Bath that a. portion of East: Liberty Street, in the Town of Bath, Morgan County, West Virginia, çonsisting ofat totaLofQ.273 apres, is nol longerneeded, forstreet purposes or fora any other public use or1 publiç purposes, and thati it is proper thatt the same be NOW: THEREFORE, it is. ordained. by the Towi: Council oft the. Town of Bath'in a regular meeting, a quprum being, present and.: voting in: favor of this Ordinance as Section 1. That thej partofBast) Libertys Stiréet proposed. to be vacàted, àbandoned,  THATPART OF, EAST) LIBERTY STREET NOT USED FORSTREET) PURPOSESI IN  vacatéd, abandonèd, closed, and annulled; and  follows;  closed, and annulled, is déscribed. as follows, to-witt  A portion ofLiberty Street within the.: Town. ofBath as shown. on the.Platic of Wright & Smith's Addition: toThe Town. of Bath, which plat àppears: of-record: in the office: of the Clerk of the County: Commission ofMorgan Counfy, WéstVirginia. inl Deed Book 18, at The portion. thereofto be vacated, abandoned, closed, and annulled is, in. aggregaté, 0.273 acrés, ànd is shown more: fully on Plat No. 2022015, dated March 17, 2022, made by. Cynthia A. Bofn, West Virginia Professional Suryèyor No, 2135, (hereinafter the "Born Plat"); whiéh plat.has. been admitted to publigrecord in the. Office. of'the. Çlerk of the County: Commission of Morgan Çoynty West Virginia in Màp Book: 9; at page 975 and à. copy of which plat, showing said) portion of EastLibèrty Street. being divided into.five small parçéls, numberedit through 5; is attached to this Ordinance." Seçtion 2. That said abover described part of East: Liberty Street. is not used for stréèt: purposes, has never béen opened dr éonstructéd.as: as stréet, and is hot needed for street purposes or any other'public use ori public purposes, and that therefore: it  page 129,    is in the interest of the Town; of Bath, and of thel public generallyi that the; part of Bast Liberty; Street described above be yaçated, abandoned, closed and; annulled, andit appearingt that the property ofr no person; firmior corporation willl be dampaged ori injured thereby, and it further appearing the owners ofthe property abutting ypon said portion of East Liberty Sticet. are. in agréement with the abandonment ofthat portion. of East Liberty Street described abové, and. théreforé it. is ordered. and ordained that the above described part of East Liberty Street be and. the sàme is hereby vacâted, abandoned, closed: and annulled, and: that from and after the daté oft the adoption ofthis.ordinance the same shall cease to be a-public way or: public street.within the! Town of Bath, Morgan County, West Virginià. Section 3. That further it. is hereby ordained fhat the Town of Bath has agreed to convey to.thè five ownèrs ofthè properties abutingEastLiberty Street, all as shown on Piat No.2022015, dâted March. 17, 2022, mâde. by Cynthia. A. Born, a copy of which is attached to' this Ordinance; the portion ofE East.Liberty Street tol be vacated, abandoned, closed, and annulled pursuant to. this ordinance, the fiye small parcels, numbered 1 through 5, into which this partion ofliberty. Street. has been divided, all as showwn on the abovesaid plat, with said five small parcels to be merged into and bécome part oft the adjoining properties, as shown on said plat upon payment(s). tot the Town ofBath. by said five adjoining property owners oft the sum(s) set by the Section 4. That prior tot the date ofthe adoption ofthis Ordinance aj publio hearing shall be held. at à regular meeting oft the- Town Council ofthe Town ofBath as: to the vacating, abandoning and ànnulling ofthe part of East.Libèrty Street described in this Ordinarice and hereby pioposed. to be vacàted, àbândoned, closed and annulled and that due notice. ofsuch hearing shall be given by the Recorder of the, Town of] Bath by publishing in a newspapery published and ofgeneral cirçulation in thé Towh. of Bath once. each week for two successive weeks prior to the. date of such hearing, Such, notiçe shall state. the dâte, time, place and purpose of such Section- 5, In, accordance with. the provisions of the Statutes and laws oft the State ofWest Virginia in such cases. and as provided" by. West Virginia Code Chapfer 8- 12-5(1): and the authorify proyided thérein, and provided upon thes adoption ofthis ordinancer that the property described: as. the eastemmost portion (0.273 acrès) of East Liberty, Street.as described. jn Section 1 hereofis hereby yacated, abandoned, closed and. annulled,. and upon, payment as set: forth. above in Section 3 of this Oirdinanée, the lots, as shownh on the Born Plat. attached. hereto, shall be conyeyed Section 6, Upon thes yimoraisodnseaa, verified Icopy thereoftogether with the: plat attached hereto. shall be recorded im the appropriate deed' book: in the Office. oft the Clerk oft the County Commission, of] Morgan County, West Virginia, asévidencey ofthe-vacating, abàndoning, ànd annulling of said, partic of1 East Liberty  Town ofBath, as the price(s) therefor,  hearing.  to the-adjoining QWiers,  2:    Street. for public uses and publiç purposes as a public stieet Qr way,. along, with the Section 7. This ordihançe. shall be effective from thé date ofit its: adoption,  deeds dèscribed herein.  First-.Reading Second Reading Passed on the  day of  2022,  Scott Merki, Mayor  Susan Webster, Recorder  3    - 88s    En    Status of Streetscape, State Park and NBRT for Town Council  Tuesday July 19, 2022 STREETSCAPE  Phase V: Design Contract:  Slow progress on thei five documents in the last couple of weeks:  1. The DOH/Thrasher "Scope of Work" Document. Complete; we have the final version oft the 2. ATown Task Order (#1) that will deliver that Scope. We provided comments/changes to the 3. Ai formal Contract Document. See #2 above - Thrasher also provided the basic Task Order Agreement that will essentially bet the' "contract" when signed. Comments/changes sent to Thrasher on July 11h. Issuing Task Order #1 and starting the Thrasher work can only follow the 4. ADOHITOWPIFHWAI Design Funding Agreement. DOH has the Scope of Work and the Fee Proposal noted above. DOH is still int the process of finalizing the Funding. Agreement document. 5. Aformal "Notice to Proceed from DOH". This will follow the FHWA Grant funds authorization of  Scope of Work along with the Thrasher Fee Proposal for that work.  Thrasher Draft.  receipt of Item 5 below.  #4 above.  Phase VI (DOH call for FY22 TA Grant Applications)  Application was submitted on June 28Hh and receipt was confirmed by DOH on June 29th.  NBRT  Parcel 1A:  Nothing new to report.  Parcel 1B: Storm Water Management (SWM) Project (CBT Grant)  No-cost Extension was approved through July 15. The design is complete, awaiting delivery. Final report willl be completed as soon as all invoices are received and approved. Still awaiting FHWA Approval of the project - was sent to FHWA on April gth  Berkeley Springs State Park Grant & Project  Status:  DOH working to complete consultation on Floodplain impacts. Morgan County contacted and Thrasher working with County to complete analysis of any impacts (mostly reductions of volume  int the floodplain).  Old Project: Park implications of Streetscape Phase III Project Prepared Draft Project/Completion Report for Park Foundation Used to close-out a 2015 DNR Grant to the Foundation Includes fencing and new concrete stairs. Will be sent to DNR after Foundation review.  Involves use of DNR funds to complete Phase III Streetscape work along Park's northern edge at  Fairfax Street  Pete Brown 571-213-3687    TOWN OF BATH SPECIAL ORDINANCE Amending in part Chapter 42 Historic Preservation Article II Section 42-19. Established.  2022-07-01  Whereas, the' Town of Bath in its plenary power and authority as a Class IV: Municipality in the State of West Virginia ini the year 2000 ordered the establishment ofthe Town of Bath Historic Landmarks Commission through Ordinance #000-10 in accordance with West Virginia Code 8-26A-4; and Whereas, the Town of Bath Council amended the order establishing the Historic Landmarks Commission in 2016 changing the number of members tol be appointed to the Commission and their Whereas, it has been discovered that the amendment to the original Ordinance #000-10 does not comply with West Virginia Code 8-26A-4 and current concerns ofthe Town of Bath Council; and, Whereas, the' Town of Bath Council desires to comply with West Virginia Code 8-26A-4 and satisfy membership residency concerns oft the Historic Landmark Commission as expressed toi the Council by Accordingly, iti is therefore ordered that the Town ofl Bath Council hereby amends in part Chapter 42  residency requirements; and,  citizens of Bath; and,  Historic Preservation Article II Section 42-19. Established as follows:  Thel historic landmarks commission shall:  (1) Be composed of five members appointed byt the' Town of Bath Council in the following  manner:  a. Thei five members shall have demonstrated interest in orl background in,  historic preservation or history related disciplines (e.g., history, architecture, architecture, archaeology, architectural history, geography, real estate, artl history, etc.);  Options  b.The five members shall be appointed from Town of Bath residents, b. The five members shall be appointed at a minimum oft three-fifths from Town  ofBath residents with any remaining members being property owners of Bath whose principle  residence is in Morgan County.  b. Other option ideas?  First Reading Second Reading  Scott Merki, Mayor  Susan J. Webster, Recorder    TOWN OF BATH ORDINANCE 2022-07-19  Amending Town ofBath Ordinance 2022-03-15, Requiring the Use of] Form LGR 12:75 for the Notification ofBuilding or Real Property Improvement, Setting the Form Out in' Two Parts Whereas, the Town of] Bath is ai municipality in Morgan County, West Virginia; and,  Whereas, West Virginia Code 11-3-3a requires that the owner(s) of real property in West Virginia municipalities who are making improvement ofmore than $1,000,00 in value to their property notify Whereas, the Town of Bath passed Ordinance 2022-03-15 ordering the use oft the 2002 Form 12:75 to notify the Morgan County Tax Assessor ofbuilding and property improvements ofi more than $1,000.00 in value; and, that such reporting shall be collected by appropriate Town of Bath Officials who will be responsible for its administration and delivery to the Morgan County Tax Assessor; and that any changes to 2002 Form 12:75 deemed necessary by the State of West Virginia or the Morgan County Tax Assessor shall be automatically accepted and adhered to by the Town of Bath. Therefore, the Town of] Bath to obtain additional information regarding real property improvements of $1,000.00 or more taking place within the boundaries oft the Town of] Bath and to require property owners to sign the form acknowledging that they understand and agree to adhere to the West Virginia Building Code as set out in' Title 87, Series 4, oft the West Virginia Code of State Rules and acknowledging that they, their contractor, and anyone else working on improvements to their property will fully adhere to these rules in completing the improvements, hereby establishes the Notification of Building or Real Property Improvement Form int two parts. Part Is shall be the standard 2002 Form 12:75. Part II shall be the supplemental Town form to obtain additional information from property owners and obtain their signed acknowledgement. Part II ofthe form shall be collected by appropriate Town of Bath Officials who will be responsible for its administration and maintenance oft this record on  the Morgan County Tax Assessor of such improvement; and,  file in the Town Clerk's office along with a copy of] PartIofthe: form.  1st Reading Date 2nd Reading Date Attest:  Mayor, Town ofl Bath  Recorder, Town ofBath    TOWN OF BATH ORDINANCE 2022-03-15  Requiring the Use of Form LGR 12:75 for thel Notification of Building or Real Property Improvement  To the Assessor ofl Morgan County, West Virginia  Whereas, the Town of] Bath is a municipality in Morgan County, West Virginia; and,  Whereas, West Virginia Code 11-3-3a requires that the owner(s) ofreal property in West Virginia municipalities who are: making improvement of more than $1,000.00 in value to their propertyn notify Whereas, the State of West Virginia, the Morgan County Tax Assessor and the Morgan County Planning Commission have accepted and use the 2002 Form LGR 12:75 in the reporting ofs such Therefore, the' Town of Bath hereby orders the use oft the 2002 Form 12:75 to notify the Morgan County Tax Assessor of building and property improvements ofi more than $1,000.00 in value; and, that such reporting shall be collected by appropriate Town of Bath Officials who will bei responsible for its administration and delivery to the Morgan County Tax Assessor; and that any changes to 2002 Form 12:75 deemed necessary by the State of West Virginia or the Morgan County Tax Assessor shall be  the Morgan County Tax Assessor of such improvement; and,  improvements; and,  automatically accepted and adhered to by the Town of Bath.  1st Reading Date 2nd Reading Date Attest:  Mayor, Town of Bath  Recorder, Town of] Bath    :  NOTICE OF BUILDING OR REAL PROPERTY IMPROVEMENT TO THE TOWN OF BATH  304-258-1102email address  1.1 New Home Construction: (Y/N)  Ist the property in the flood plain (Y/N)  2. Description of Work to be done (attach ifneeded)  3. Contractor Name, Address & Phone (Ifapplicable)  4. WV Contractor's License # 5. Town of Bath Business License # 6.C Comments/mstructions:  Ihereby acknowledge that my signature on this document signifies thatI understand and shall adhere to the West Virginia Building Code as set out in Title 87, Series 4, oft the West Virginia Code ofState Rules and that I, my contractor, or anyone else working on this property improvement will fully adhere to these rules in completing the work described in Parts Ia andII ofthis  Notice of Building or Real Property Improvement.  Applicant signature and print  Date    PARTI  EGR 12:75- Rev 2002:  NOTICE OF BUILDING OR REALJ  PROPERIYIMPROYEMENT  TOTHE ASSESSOR OF  COUNTY:  Any person, corporation, associntion or pther owner ofr rcal çommençed.; lfar roport Is made by or on bphalfotany or beforei, Junu fiftvon which discloses with shall bes subjcct to'a fine.  or structure, Or. who shall add: to, ghlarye, moyg, alicr, convert, propurty, subjeci to the payment ofproporly fax, who shall ereat ther rogl proporly shall bei improved moret than $1, 000 must natify exiend, razc or domolish any building or structurd, whercby) anybuilding thc owner shall bo decmod in compliance with notice eprtainty any. construction, or improyement mados during the provious filedy with the ussessor an: Any person in violation of provisions ofWost Virginia requiroments. fat building permil has boun obtained, this. shall welvo. months, the  tho ASSCSSOE on, Form 12:75 within sixty days  valuu of  ming, mill, factory,s or othor industrial cslablishmont and- from the datet tho work is Code $ I-3-3a, shall he guilty ofa misdumoanor, and, upon be sulficient. notice;  çunvictionthercaf,  Sco. Chapter. 1y Anicles, Séctipn, 3a ofthe West Virginia Çode for additional  information;  Name of Owner or Owners  Location, (Addrèss) of! Improvement Taxing District Land Book Description, have, or has been (Altered), and that said improvements, have increased the value oft the Improvements. were commenced, Completion date or anticipated completion date Approximâte increase in value $  (Erected),  property in excess of$1,000.00  Month/Day/Year), (Month/Day/Year).  Use of Building  Remarks;  Address of Owner or Owners: Phone No. Notice Filed By  Date  Signature  Month/Day/Year  NOTICETOI BE: FILED WITHASSESSOR WITHIN SIXTY(60) DAYS  IMPROYEMENTSTO REAL: PROPERTYWHICH WILLINCREASE" AFIER COMMENCEMENTON  THE VALUEINI EXCESS OES1,000  BELOWTHIS LINE FORASSESSOR'S USD ONLY  Map No. Parcel No.  Reçeived    BulldIng Permit Application  Town of Bath/Berkeley springs Police Department 304-258-1198/5 bspdswope@rmal.com  Ownen of Property: Address of Owner: Subject Property:  Phone:  Néw. Home Construction: (Y/N) Description of) Work; to be done:.  Isp property In flood plain:  Map # Contractor: WV. Lc# Çlassification: First Reading:; Council Approval; Yes commentsy/nstructions:  Parcel: . #  Estimated cost: $  B;S., Lic# Amt, Rec, $  Start date: Dater, Second Reading:  Rept  No  Permit fee is a $20.00 flat. rate up to $15,000.00 In project cost. The fee Increases  $1,00 per additional $1,000,00 in project cost,  "Falsification orl intentionally withholding information relative to the permit application: may result In astop work order and subject the applicant to penalties  andorfines. Permit #  Date:    WV Code 5 11-3-3a  PAeepMamXMsANpadadmawr  Vew $11-3-3a Innewy website  CHAPTER 11. TAXATION.  ARTICLE: 3. ASSESSMENTS GENERALLY.  $11-3-3a, Building or real property improvement notice; notice filed  assessors; when not required; penalties.  with  Any person corporation, association or other owner of real property, subject to the payment, of property tax, who shall hereafter erect any building or structure, or who. shall add to, move, alter, convert, extend, raze or demolish any: building or structure, whereby the enlarge, said real property shall be improved. more than $1,000; shall give notice in within sixty days after the commençement. of the. improvement of such given. upon such forms as may be prescribed. by the. Tax Commissioner property: The. notice shall be to assessors. The notice shall contain the following information: are being or havé been. made; (2) the location or address of the property; and owner. or owners of the property. The information contained in such nature and may be used: by the assessor in performing Provided, however; That a report made by or on behalf of any mine,  to value of the writing the assessor who shall furnish the same. (3) the notice shall: be advisory in or mill; factory, other industrial  (1) A statement that  improvements name of the by law;  his duties as otherwise provided  establishment  and filéd.  with the assessor: on: or before June 15 which discloses with  construction, or improvement made during the previous twelve. months; shall certainty be deemed any, compliance with. this section: And provided further, That within the area of any, municipality where a. building, permit has been obtained prior to beginning such. work, the county or ofa copy of the building permit to: the assessor by the owner: or the issuing sufficient notice under this section, Any person who shall violate the provisions of authority this section be be guilty of a misdemeanor, and, upon conviction thereof, shall: be fined not less than $10. shall than $100 in the discretion. of the court. Justices of the peace shall have concurrent normore with, other courts: having jurisdiction. for the trial of all misdemeanors arising under this section. jurisdiction  shall delivery  1of1  3/7/2022, 6:19 PM