TOWN OF BATH COUNCIL MEETING  Tuesday, May 17,2022  1. CALLTO ORDER: @ 5:30pm by Mayor  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Chris Chapman (X) Rose Jackson (X) Elizabeth Skinner (A) Greg Forney (X) Rick Weber (A) Quorum present. 3. REVIEW OF MINUTES: Minutes of the Regular Meeting ofMay 3, 2022 were 5. COMMUNICATIONFROMMAYOR: Recorder Webster presented the West Virginia First Memorandum ofUnderstanding regarding the Opioid settlement which the Finance Committee had reviewed (see attached). West Virginia counties and municipalities that agree to the MOU are eligible to receive payment from this MOTION: To accept the West Virginia MOU regarding the Opioid settlement as Recorder Webster presented the Depot Interior Rehab Construction contract which MOTION: To accept the Depot Interior Rehab Construction contract as presented-  approved by Common Consent.  4, PERSONS BEFORE COUNCIL: None at this time.  settlement with stipulations on the use of the funds. presented- Webster/Chapman - Carried. was reviewed by the Finance Committee.  Webster/Forney- Carried.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY: No report at this time.  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 3. PLANNING COMMISSION: President Landon has formed sub-committees to work on specific aspects oft the responsibilities oft the Planning Commission. He thanked Recorder Webster for her work on the Depot. Rehab Project. Landon informed Council that the BDA is going to have a 'Sandbox' meeting to gather the heads of projects in the community to learn ofthe goals and needs of each project. 4. RAIL/TRAIL: Committee Co-Chairman Pete Brown has submitted progress reports to the Town office. He explained on-going work with the engineers and the WV 5. STREBISCAPE: Committee Co-Chair Pete Brown has submitted reports to the Town office (see attached). Work with Jeffo Gola ofThrasher Engineering Group continues. It is Brown's understanding that Rt. 522 (Washington Street) is to be 6. TRAIN DEPOT: Recorder Webster advised Council that the Pre-Construction meeting for the Depot Interior Rehab Project will be Friday, May 20, 2022. The  form found on the Town website or in the office.  DOH (see attached)  repaved by the WVDOH this summer.  1    work on the project is to begin Monday, May 23, 2022. 7. LANDMARK COMMISSION: No report at this time.  8. CLERK/RECORDER REPORT: Recorder Webster was asked to assist the Ordinance Committee on property improvement acceptance documents. She 9. FINANCE: Chairwoman Webster presented the following bills for approval. (a) Town ofBath $14,238.50- Motion to approve: Forney/Webster- Carried (b) BS Water $57,492.59- Motion to approve: Forney/Webster- Carried (c) Tree Board $600.00 - Motion to approve: Forney/Webster- Carried  presented her work for review ofCouncil.  10. TREE BOARD: No report at this time. 11. PUBLIC SAFETY: No report at this time. 12. PUBLIC WORKS: Noi report at this time.  13. ORDINANCE: Councilman Chapman proposed the repeal and replacement ofTown of Bath Chapter 18-57. He presented for First Reading the revised Section 18-57 which MOTION: To accept for First Reading the repeal and replacement ofTown ofBath Chapter 18, Article II, Division 2, Section 18-57- - License Fee: Chapman/ackson- Councilman Chapman proposed the repeal and replacement of the' Town ofBath Code concerning alcoholic beverage sales to be in compliance with WV State Code (see MOTION: To accept for First Reading the repeal and replacement ofTown of] Bath Chapter 6, Article II, Section 6-28 concerning the beverage sales license ordinance- Since both ordinances concern thei raising of revenue for Bath public hearings have to be 15.GRANT: Chairman Forney informed Council that the award of Sen. Capito's earmark 16. BERKBLEY SPRINGS WATER WORKS: Chairman Chapman reported that the WV Board ofPublic Health/EPA requirement oft the BSWW to collect accurate information concerning the type of plumbing in customer's home plumbing (including entering the dwelling for inspection) is being taken to the' Town's. Attorney for advice. 17.MOTIONTO ADJOURN: Approved by Common Consent.  establishes a general business license fee of $20.00 (see attached).  Carried. attached).  Chapman/Jackson- Carried,  scheduled.  14. CEMETERY: Noi report at this time. grants should be made in late summer.  Attest:  Mayors hettomb  Recorder Slubgk  2    From: Paula. J. Price AUBIPIceO)PAROROP Sent: Wednesday, May 11, 20223:39PM To: undlisclosed-recpents: jbject: West Virginia First MOU and Endo Release  lam writing toi follow-up on a letter Attorney General Morrisey sent on April 12, 2022 asking that you review and  approve the West' Virginia First MOU and the Endo Release.  There are two sources of funding available to cities through the MOU. First, the direct share that can be used for approved abatement-related services is reflected ini the MOU. Second, city and counties are able to request funding for approved. services from the foundation for abatement purposes, including law enforcement funding.  Iti is imperative that we receive the approved MOU as quickly as possible because it aids in our negotiations with other defendants int the opioid suits. Then, with each settlement with entities in the opioid pharmaceutical supply chain, there will be a sign-on sheet that each city will need to approve to receive the funding fromi that particular settlement.  The second document is related to our settlement with opioid manufacturer Endo Pharmaceuticals. Currently, we are asking for local governments to sign-on to the Endo: settlement, which is a $26,000,000: settlement,  We need your completed sign-on tol both the MOU and the Endo agreement by. June 1, 2022.  You may review these documents by clicking the following  link: htns/hmmeahureflk-omlmumssGIIRATAs9474508674a85152  Ify you have any questions, or believe you have received this email in error, please feel free to contact me or Ann Haight  at (304)558-8986.  Vaughn T. Sizemore Deputy Attorney General    Status of Streetscape, State Park and NBRT for Town Council  Monday May 16, 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 allt this to DOH last week. No response yet, will check with DOH and 2. ATown Task Order that will deliver that Scope. Thrasher has a draft proposal for this; waiting for 3. Af formal Contract Document. See #2 above - Thrasher will provide a draft contract document. So far, there is no reason the Town cannot sign a contract while awaiting the results of #4 and #5 4. ADOHITOWPIFHWAI Design Funding Agreement. We commented on a Draft Agreement last week. Fixed the Scope to be what the Town expected in the approved TA Construction Grant. 5. Af formal "Notice to Proceed from DOH". This will follow the completion of #4 above.  Thrasher this week. We can't make progress until this is complete.  DOH to accept the rates, etc from #1 above. below. Ihave not seen the Draft Contract language  Contract Process is still Business Sensitive until an Award. Phase VI (DOH call for FY227 TA Grant Applications)  Streets/Block Faces being identified for Town Review: (from Spring 2021 Rain Garden Public Input)  Balance of Lighting that may be deferred from Phase V; Mercer St ++ Congress St -from North Washington to Green Street Union St -from North Washington to Mercer Street Intent to Apply (ITA) for a Design Grant due: May 23rd Full Application for a Design Grant due: June 30th Pete & Sally will take care oft the ITA on-line application.  Application in Draft; will enter into DOH system this week (Pete & Sally) Verifying potential Design Grant estimate with Thrasher ($60K total; $48K/$12K)  Plan to Attend the Town's May 19th SandBox Session with other project leaders  NBRT  Parcel 1A:  Joel conversation with DOH (Graley)  Design of the two bridges will be completed by HDR Ac couple ofi items still needed from County and HDR (1 or 2 weeks)  Package can move forward after that - still looking for a Design/Build contract solicitation Contractor informed to proceed with final detailed design package and cost estimate after Anticipate completion of this contract work by end of June, no-cost extension has been requested  Parcel 1B: Storm Water Management (SWM) Project (CBT Grant) discussion at April 5th Finance Committee meeting  from CBT.  Berkeley Springs State Park Grant & Project  Status: Pete Brown 571-213-3687  Awaiting FHWA Approval of the project - was sent to FHWA on April 8th  Will update status this week. DOH believes its should be accepted and returned to DOH "soon."    Proposed New Business License Ordinance  The Çode of the Town ofBath, 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 a business license tax has been established elsewhere in Chapter 18 herein, licensees shall be 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 in this section shall be interpreted to exempt any licensee from additional requirements set forth herein that may be  applicable for specific types ofb businesses.    Proposed New. Alcoholic Beverages Ordinance  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 oft the Code of West Virginia, whether as a distributor or retailer of wine and who does business as such within the town shall obtain ai 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 ai retailer's license, $150 per year. (3) For a wine specialty shop, $250 per year. (4) For a wine specialty shop with tasting or sampling, $400. (5) For a wine tasting license, $150 (6) For aj private wine restaurant serving wine only, $250.  (7) For aj private wine restaurant serving wine and nonintoxicating beer only, $400. (c) The license period shall begin on July 1 ofeach year, and end on June 30 oft the following year. Ifthe 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) Aretailer 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 of 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) The town shall collect an annual license tax for retail liquor sales (class A/class B) of The Code oft the' Town ofl 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 of West Virginia, whether as aretailer, 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 ofai 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. Al license shall be required for each place ofbusiness and a full tax paid for  each such place oft business.  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 ofr nonintoxicating beer within the town, which license period shall begin on July 1 oft the following year, and if granted for a shorter period, the same shall be computed quarterly in proportion to the remainder oft the fiscal year as follows: (1) Retail dealers shall be divided into two classes, Class A and Class B:  a. Ini 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 of 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 on the licensed premises where sold. All other Class A licenses shall authorize thel licensee to sell nonintoxicating beer at retail for consumption on or off the licensed premises. b. In 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 ati 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 of any other retail store which is dedicated solely to the sale off food, food products and supplies for the table for consumption off the premises. (2) Int the case ofa distributor,the license fee shall be $1,000,00 for each place of (3) In the case ofal brewery with its principal place of business located ini 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. Whoj produces twelve thousand fivel hundred one barrels and up to 25,000 barrels ofnonintoxicating 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 ofat tavern serving nonintoxicating beer only, the license fee: is $150.00 The Code oft the' Town of Bath, West Virginia, Chapter 6, Article IV, Section 6-89 is hereby  repealed.    The Code oft 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 ofi its officers and (4) Thej place at which such applicant shall conduct its operation and whether the same is (6) The names of any national organizations with which the applicant is affiliated and the It shall be sufficient for the purpose of submitting such application to submit a copy of the application of such private club made to the state for a state license to operate such  include:  (1) The: name oft the applicant; members ofi its governing board;  directors;  owned or leased by the applicant; (5) The name ofmembers ofthe applicant; nature ofs 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 liçense issued following January 1 of any year and to expire on June 30 ofs such year shall be one-half oft the annual fee noted in subsections (b)(1),  (2),(3), and (4).    BUSINESS LICENSE APPLICATION  Lic. #  TOWN OF BATH 271 WILKES STREET BERKELEY: SPRINGS, WV25411 BUSINESS LICENSE APPLICATION  (date where it's applicable goes here, typically July 1, 20xx to. June 30 20xx+1)  * REQUIRED  * Name of Business: * Name of Owner: *Business Address: *Mailing Address (if different): *Phone: *Business Phone: *Email Address: *W.V.State' Tax Account No. Check Applicable Category General Business Lic, (WV Code 8-13-4)  *Emergency Phone:(  Issued On:  Business License Category  Retail Liquor Outlet Class A Liquor Store Lic. (WV Code 60-3A-12) Class BI Liquor Store Lic, (WVC Code 60-3A-12) Private Clubs Less Than 1,000 Members (WV Code 60-7-6) More Than 1,000 Members (WVCode 60-7-6) Fraternal, Veterans, Non-profit $500.00 Serving Lic, (WVC Code 60-7-6)  $20.00  $1,500.00 $1,500.00 $750.00 $1,250.00  Wine Retail Wine Sales! Lic. (WV Code 60-8-3) Wine Distributor Lic. (WVCode 60-8-3) Wine Speclalty Shop (WV Code 60-8-3) Wine Tasting Lic. (WV Code 60-8-3) Private Wine Restaurant $250.00 - Wine Only (WVCode 11-16-9)  $150.00 $2,500.00 $250.00 $150,00  Beer  Class AF Retail Dealer Lic. (WV Code 11-16-9) Class B Chilled and Un-chilled Beer Only Lic. (WV Code 11-16-9) Private Wine Restaurant - Wine $400.00 &1 Nonintoxicating Beer Only (WV Code 11-16-9)  $150.00 $150.00    Beer $1,000.00  Beer Distributor Lic. (WV Code11-16-9)  Brewery Producing 12,501 Barrels or More Lic, (WV Code 11-16-9)  $1,000.00  Brewery Producing 12,500 Barrels or Less (WV Code 11-16-9)  $500.00  Tavern Serving Nonintoxicating $150.00  Beer Only  DAYCARE OPERATORS ONLY: WVI DEPT HEALTH & HUMAN RESOURCES PERMIT #: *A copy of your WV Dept. of Health & Human Resources permit MUST accompany this application. *A copy of your WV State Business Registration Certificate MUST accompany this application CONTRACTORS ONLY:WVS STATE CONTRACTORS LICENSE NUMBER: *As signed copy ofy your WV State Contractors License MUST accompany this application *A copy of your Health Inspection Report and Health Permit MUST accompany this application IF YOURI BUSINESS SELLS, PRODUCES, DELIVERS, DISTRIBUTES, AND/OR: SERVES ALCOHOL FOR CONSUMPTION: IFY YOUR BUSINESS DESIRES TO PURCHASE GOLD, SILVER, OR OTHER PRECIOUS METAALS, JEWELS OR OTHER PRODUCTS YOUI MUST REPORTYOURI PURCHASES TO THE TOWN OF BATH POLICE DEPTA AND COMPLY WITH ARTICLE III OF THE BUSINESSES. AND BUSINESS REGULATION SECTION OF1 THE TOWN OF BATH MUNICIPAL  WV: STATE BUSINESS REGISTRATION NUMBER:  FOOD: SERVICE ONLY: HEALTH PERMIT NUMBER:  WVABCCI LICENSE NUMBER:  CODE. Printed name:_  Signature:  Date:_   Authorized Signature of Business: By signing below, do hereby certify and declare, under the penalty of perjury, that thei information furnished in this applicationi is true, complete and accurate to the best of myl knowledge.  Signature of Business Owner or Authorized. Agent. Date  Title