TOWN OF BATH COUNCILI MEETING  Tuesday, June 7, 2022  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 (A) Rick Weber (A) Quorum present. 3. REVIEW OF MINUTES: Minutes ofthe Regular Meeting of] May 17, 2022 were The Mayor requested that the agenda be amended to bring forward the Public Hearing concerning Ordinance 2022-05-17-1 (Business License Ordinance) and Ordinance 2022-05-17-2 (Alcohol Beverage License Ordinance). Motion: To amend the agenda to bring forward the Public Hearing concerning the above mentioned ordinances- Webster/Chapman- Carried. The meeting was opened for discussion concerning Ordinance 2022-05-17-1 (see attached) which replaces the schedule of fees set out in Section 18-57 with a general license fee of$ $20.00 plus any other applicable additional fees. Ordinance 2022-05- MOTION: For Second and Final Reading to repeal and replace Section 18-57 ofthe Town ofBath Code with Ordinance 2022-05-17-1-Chapman/Webster- Carried. The meeting was opened for discussion concerning Ordinance 2022-05-17-2 (see attached) the purpose of which is to amend Chapter 6, Articles II-IV oft the Town of Bath Code and to repeal Sections 6-28, 6-29, 6-60, 6-61, 6-89, ànd 6-90. MOTION: For Second and Final Reading to adopt Ordinance 2022-05-17-2 which amends Chapter 6, Articles II-IV and repeal Sections 6-28, 6-29, 6-60, 6-61, 6-89, and 6-90 ofthe Town of Bath Code- Chapmanlckson.Cried. MOTION: To return to Regular Session- Jackson/Chapman- Carried. 4. PERSONS BEFORE COUNCIL: Hunter Clark, President ofthe Bath Christmas Project, informed Council of possible expensive electrical issues on N. Washington Street and the Project's website. Clark inquired about more security cameras in Town. ChiefLink informed all that the application for funds for such cameras had 5. COMMUNICATION FROM MAYOR: The Mayor presented an invitation to Council to attend the Morgan County EDA's Open House of their new facility at the The WV DOH will pave Washington Street starting Sunday June 12 from 7pm until  approved by Common Consent.  17-1 repeals and replaces Section 18-57.  not been granted.  Opportunity Center on June 21 from 4-6pm.  7am.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY: Colin Graham has supplied a resume' and application for appointment to the BDA. Councilwoman Jackson.asked that he attend  1    the next Council meeting before appointment consideration.  2. PARKS & REC: Next meeting is May 18, 2022. The Town requests those who may be interested in serving as Town representatives on this board to complete a volunteer 4, RAIL/TRAIL: Committee Co-Chairman Pete Brown has submitted progress reports 5. STREETSCAPE: Committee Co-Chair Pete Brown has submitted reports to the 6. TRAIN DEPOT: Recorder Webster advised Council that the rehab of the interior of the Depot has begun. She has invited the President of the B&O Railroad Historic Society to visit and has requested this organization's help with pictures or artifacts it may have of the Berkeley Depot or those similar. Future use of the Depot is being discussed. Webster is waiting for ARPA fund applications to be developed and sent.  form found on the Town website or in the office, 3. PLANNING COMMISSION: No report at this time.  to the Town office (see attached). Town office (see attached).  7. LANDMARK COMMISSION: No report at this time. 8. CLERK/RECORDER REPORT: No report at this time.  9. FINANCE: Chairwoman Webster presented the following bills for approval. (a) Town of Bath $10,841.51- Motion to approve: Webster/Jackson- Carried (b). BS Water $12,626.15- Motion to approve; Webster/ackson- Carried (c) Tree Board $216.00 - Motion to approve: Webster/lackson- Carried (d) Streetscapes $597.00- Motion to approve: Webster/Jackson- Carried (e) NBRT $3,297.60- Motion to approve: Webster/Jackson- Carried (f) Greenway Cemetery $9,085.00- Motion to approve: Webster/Jackson- Carried 11.PUBLIC SAFETY: ChiefLink informed Council that he had hired Richard Cook as part  10. TREE BOARD: No report at this time. time officer with the BSPD. 12. PUBLIC WORKS: No report at this time. 13. ORDINANCE: Nothing further at this time. caring for the cemeteries has increased. 15. GRANT: No report at this time.  14. CEMETERY: Chairman Skinner informed Council that the administrative duties of 16. BERKELEY SPRINGS WATER WORKS: Chairman Chapman advised Council that the water line replacement project's start date has been moved to the end ofJune. The  next Water Committee meeting will be July 19, 17.MOTIONTO. ADJOURN: Approved by Common Consent.  Attest:  Mlifrnd  Recorder Jaflaka  2    TOWN OF BATH ORDINANCE 2022-05-17-1  The Code oft the Town of Bath, West Virginia, Chapter 18, Article II, Division 2, Section 18-57,  License fee, is hereby repealed in full and replaced with the following:  Section 18-57  License fee.  Except where al business license tax has been established elsewhere in Chapter 181 herein, licensees shall bei issued a general business license for a fee of $20.00 per year, plus any applicable additional filing fees, license fees or service fees. Nothing int this section shall be interpreted to exempt any licensee from additional requirements set forth herein that may be  applicable for specific types ofbusinesses.    TOWN OF BATIOBDRACE2R26TA  The Code oft the Town of Bath, West Virginia, Chapter 6, Article II, Section 6-28, is hereby  repealed and replaced as follows:  Sec. 6-28. Town license required for wine sales.  (a) Every person licensed by the state pursuant to the provisions of article 8, chapter 60 ofthe Code of West Virginia, whether as a distributor or retailer of wine and who does business as such within the town shall obtain a town license as provided for in this article.  (b) The town shall collect an annual license tax as follows: (1) For a distributor's! license, $2,500 per year. (2) For a retailer's license, $150 per year. (3) For a wine specialty shop, $250 per. year. (4) For a wine tasting license, $150 (5) For aj private restaurant serving wine only, $250.  (6) For a private restaurant serving wine and nonintoxicating beer only, $400. (c) The license period shall begin on July 1 ofeach year, and end on June 30 of the following year. Ift thei initial license is granted for less than a year, the fee shall be computed in proportion to the number of quarters remaining in the fiscal year, including the quarter in (d) A retailer who more than one place ofretail business shall obtain a license for each separate retail establishment. A retailer's license may be issued only to the proprietor or owner ofa The Code oft the Town of Bath, West Virginia, Chapter 6, Article II, is hereby amended as  which application is made.  bona fide grocery store or wine specialty shop.  follows:  Sec. 6-29, Town license required for intoxicating liquor sales.  (a) Thei town shall collect an annual license tax for retail liquor sales (class A/class B) of The Code oft the Town of Bath, West Virginia, Chapter 6, Article III, Sections 6-60 and 6-61, are  $1,500.  hereby repealed and replaced as follows:  Sec. 6-60. Town license required for beer sales.  (a) Every person licensed by the state pursuant to the provisions of article 16, chapter 11 oft the Code ofWest Virginia, whether as ai retailer, private club, wholesaler or brewer of nonintoxicating beer and who does business as such within the town shall obtain town license as provided in this article, provided that nothing contained in this article, and no license or payment under the provisions hereof, shall be taken to. legalize any act which otherwise may bei in violation oflaw, or exempt any person from any penalty prescribed for such violation. Upon the issuance ofat town license, the licensee shall display it at all time in a conspicuous place upon the premises thereby licensed. Town licenses under this article shall not be    transferable, A license shall be required for each place of business and a full tax paid for  each such place ofbusiness.  Sec. 6-61. Town License tax for beer sales.  There is hereby levied and imposed by annual license tax upon all brewers and dealers, as covered under section 6-60, in or ofnonintoxicating beer within the town, which license period shall begin on. July 1 oft the following year, and ifg granted for a shorter period, the same shall be computed quarterly in proportion to the remainder ofthe fiscal year as follows: (1) Retail dealers shall be divided into two classes, Class A and Class B:  a. In the case of Class A retail dealer, the license fee shall be $150.00 for each place ofbusiness; the license fee for social, fraternal or private clubs not operating for profit, and having been in continuous operation for five years or more immediately preceding the date ofa application, shall be $150.00. Class A license issued for social, fraternal, or private clubs as. herein provided, shall authorize the licensee to sell nonintoxicating beer at retail for consumption only on1 the licensed premises where sold. All other Class A licenses shall authorize the licensee to sell nonintoxicating beer at retail for consumption on or off the licensed premises. b. Int the case of Class B: retailer the fee for a Class B license authorizing the sale of chilled and un-chilled beer shall be $150.00. A Class B license shall authorize the licensee to sell nonintoxicating beer at retail in bottles, cans, or other sealed containers only, and only for consumption off the licensed premises. Sales under this license to any person at any one time must be in less quantities that five gallons. Such license may be issued only to the proprietor or owner ofa grocery store. For the purpose oft this section, the term "grocery store" means and includes any retail establishment commonly known as a grocery store or delicatessen, and caterer or party supply store where food or food products are sold for consumption off premises and includes a separate and segregated portion ofany other retail store which is dedicated solely to the sale of food, food products and supplies for the table for consumption off the premises. (2) In the case ofa distributor,the license fee shall be $1,000.00 for each place of (3) Ini the case ofal brewery with its principal place ofb business located in the town: a. Who produces twelve thousand five hundred barrels or less ofnonintoxicating beer or nonintoxicating craft beer, the license fee shall be $500.00 for each b. Who produces twelve thousand five hundred one barrels and up to 25,000 barrels of nonintoxicating beer or nonintoxicating craft beer, the license fee  business.  place of manufacture.  shall be $1,000 for each place of manufacture.  (4) In the case of a tavern serving nonintoxicating beer only, the license fee is $150.00 The Code of the Town of] Bath, West Virginia, Chapter 6, Article IV, Section 6-89 is hereby  repealed.    The Code of the Town of Bath, West Virginia, Chapter 6, Article IV, Section 6-90, is hereby  repealed and replaced as: follows: Sec. 6-90. Application and fee.  (a) Application for a license to operate aj private club shall be made to the town and shall (2) Ifsuch applicant is an incorporated association, the names and addresses oft the (3) Ifsuch applicant is a corporation, the: names and addresses ofits officers and (4) The place at which such applicant shall conduct its operation and whether the same is (6) The names ofany national organizations with which the applicant is affiliated and the It shall be sufficient: for the purpose ofs submitting such application to submit a copy of the application of such private club made toi the state for a state license to operate such  include:  (1) The name of the applicant; members ofits governing board;  directors;  owned or leased by the applicant; (5) The name ofmembers oft the applicant; nature of such affiliation.  private club.  (b) A license fee is hereby established, as follows:  (1) Fraternal or veteran organizations, nonprofit social clubs: $500.00. (2) Private clubs other than those in subections (b)(1) and (2)ofthis section with less than 1,000: members serving liquor, wine, and non-intoxicating beer: $750,00. (3) Private clubs other than those in subsections (b)(1)and (2) ofthis section with more than 1,000 members serving liquor, wine and non-intoxicating beer: $1,250.00. (4) The fee: for any such license issued following January 1 ofany year and to expire on June 30 ofs such year shall be one-half of the annual fee noted in subsections (b)(1),  (2), (3), and (4).    Status of Streetscape, State Park and NBRT for Town Council  Monday June 6, 2022 STREETSCAPE  Phase V: Design Contract:  We are still working toward five documents:  1. The DOH/Thrasher "Scope of Work" Document, including an audited overhead rate and certified labor rates. Thrasher sent alli this to DOH last week. Believe this has been completed between DOH & Thrasher. Will get copy and verify agreement on the Scope of Work. 2. ATown Task Order that will deliver that Scope. Thrasher will provide a draft of this in the next 3. A formal Contract Document. See #2 above - Thrasher will also provide a draft contract document (terms and conditions, payment periods, etc) in the next few weeks. Again, plan is for the Town to sign a contract while awaiting the results of #4 and #5 below. 4. ADOHITOWN/FHWAI Design Funding Agreement. We commented on the Draft Agreement and fixed the Scope to be what the Town expected int the approved TA Construction Grant. DOH awaiting the formal Scope document- - mentioned in #1 above. Will verify expected progress payment and DOHI reimbursement procedure prior to Town signing of the Funding Agreement documents. No schedule yet for this - expect weeks or month from now at least. Current numbers are: $50K total ($40K Grant and $10K Town Match) for this design. 5. Af formal "Notice to Proceed from DOH". This will follow the completion of #4 above. Town's ITAI for the Design Grant was submitted and approved by DOH fort the full Application Design ITA and Grant Application will bet for $60,000 total ($48,000 Grant and $12,000 Town Match) Balance of Lighting that may be deferred from Phase V; Mercer St Congress St -1 from North Washington to Green Street Union St - from North Washington to Mercer Street Full Application for al Design Grant due: June 30th  week or so.  Contract Process is still Business Sensitive until an Award. Phase VI (DOHO call for FY22 TA Grant Applications)  Streets/Block Faces Included are:  Letters of Support requested from several local organizations - Due June 17h Plan to meet with Finance Committee (6/20?) and Town Council (6/21) for formal Resolution  NBRT  Parcel 1A:  Nothing new to report from CBT.  Parcel 1B: Storm Water Management (SWM) Project (CBT Grant)  Anticipate completion of this contract work by end of June, no-cost extension has been requested  Berkeley Springs State Park Grant & Project  Status:  Still awaiting FHWA. Approval of the project - was sent to FHWA on April gth  Will update status this week. DOH believes it should be accepted and returned to DOH "soon."  Pete Brown 571-213-3687  1