TOWN OF BATH COUNCILMBETING  August 20, 2024  1. Call to ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Elizabeth Skinner (A) Greg Schene (X) 3. REVIEW OF MINUTES: Minutes oft the Regular Meeting of August 6, 2024 were 4. PERSONS BEFORE COUNCIL: Town resident Claire Schene presented the Bath Civic Trust plan and Facility Use Application for the Bath Christmas Market and ice rink (attached). Discussion was held. Ms. Schene was advised to contact local EMS and the WVDOH on procedures required to close the streets she is seeking for the Market. Guidance from other civic organizations which have sponsored similar  Rebecca MacLeod (X) Mary Lynn Hickey (X) Dave O'Connell (X) Quorum present.  approved.  events was also suggested.  5. COMMUNICATIONS FROM: MAYOR: None at this time.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY (BDA): The next regular meeting is September 4 at 4:30 in the County Commission Room ofthe Courthouse. 3. PLANNING COMMISSION (PC): The next meeting is October 10. The Commission has met with BDA concerning the On Trac program. The working group is continuing to meet to further develop the Bath Comprehensive Plan. 4. RAIL/TRAIL (NBRT): The next meeting is August 22. Attached is the written report submitted by Co-Chair Pete Brown who was present with details. Councilwoman MacLeod explained that they will be receiving 33 flats of plants from North Creek Nursery and volunteers are needed to help with planting. 5. STREEISCAPE: Co-Chair Pete Brown has submitted a detailed progress report (attached). The contract has been awarded for the Phase V Project. The Committee intent is that there be no interference with the annual Apple Butter Festival. 6. TRAIN DEPOT: Miss Isabella Rainsong and her Traveling Companion' will be performed at the Depot on September 19 and 20. Comments from the TBS Executive Committee have been received on the proposed lease and a meeting with them will 7. LANDMARK COMMISSION (HLC): No report at this time. 8. CLERK/RECORDER REPORT: Clerk Corrick provided Council with a Notice of Building or Real Property Improvement for 308 South Green Street. Also presented was a. Facility Use Application for the Depot during Apple Butter weekend by the Morgan County Historic and Genealogical Society (attached). MOTION: To approve the Facility Use Application as presented by the MCHGS- 9.FINANCE: Chairwoman Webster delivered the following bills for approval: (a) Town of Bath $17,426.59- Motion to approve: Webster/Skinner- Carried  2. PARKS & REC: The next meeting is September 11.  be planned to discuss agreeable solutions.  Hickey/MacLeod- Carried    (b) BSWW $69,716.87- Motion to approve: Webster/Schene- Carried (c) NBRT $237.96- Motion to approve: Webster/Skinner- Carried (d) Depot $104.78: Motion to approve: Webster/MacLeod- Carried (e) Tree Board Bills $195.00- Motion to approve: Websterlickey-Caried 10. TREE BOARD: The next meeting is September 18. Member Kate Lehman had no report other than the group is moving forward with the approved Division of Forestry that WV SHPO has granted $8,000.00 for work on the Olde English Cemetery and the Olde German Cemetery. This work will be accomplished by the Foxglove Garden Club and the Ye' Towne of] Bath DAR. The Bath Civic Trust non-profit is looking into grant funding for a new Town website. The Federal Cops Grant application outcome should be realized by September 30. Hickey is researching grant funding for playground equipment for the North Berkeley Park. Councilwoman MacLeod reported on the NRCS grant for the Warm Springs Watershed Flood Reduction Plan and Environment Assessment (WSR Plan- EA) for which Bath is the sponsor. They are required to use the 5G process in the selection of engineers and requested approval to move forward to begin negotiations with the selection committee for the NRCS grant-Hickey/Schene- Carried 12.PUBLIC SAFETY: The next meeting is September 11. Councilman Schene reported that the committee has postponed moving implementing the Park Mobile system. The BSPD has disposed of outdated weapons. New staff are working well. 13. CEMETERY: The next meeting is September 27. Landscaping is being planned for the newly repaired mausoleum. Chairwoman Skinner reported that due to the drought more mowing before September. She is also working on interpretive signage Union General Barstow's grave. Skinner hopes to complete work soon on the Home Rule application for Bath. Her purpose is to get the approval ofthe Home Rule Board to be able to sell a portion ofthe Olde English Cemetery that has never been used for 14. PUBLIC WORKS: Next meeting on September 3. The Labor Crew is continuing to paint 15. ORDINANCE: The next meeting is August 22. Chairman Schene has completed tasks and submitted the justification for the Capacity Capitol Cost Fee to the WVPSC: as requested. This was accomplished with the assistance of attorney William Rohrbaugh. 16. BSWW: The next meeting is August 21. Chairman O'Connell explained that work continues to acquire the property ROWS for the Rt. 522 extension. Five out of16 have been obtained. He hopes that the Public Service Commission will approve the submitted amended tariffofthe BSWW. .Ifiti is approved income expectations can be adjusted to show increased revenue in 2025. O'Connell has studied the issue ofthe WSPSD calculation of meter readings for their billing purposes and believes that thel BSWW has  grant.  Chairwoman  informed Council  11. GRANT: The next meeting is September 9.  Hickey  engineering firms. MOTION: To approve moving  forward with negotiations with engineering firms by  mowing was discontinued for several weeks. There will be one  Greenway Cemetery  for  graves to the neighboring property owners. the curbs and all other seasonal maintenance.  not contributed to their difficulties.    The BSWW continues to repair and replace plant and distribution equipment. The Chairman is finishing the 2024-2025 Budget for WV PSC approval. 17.PUBLIC COMMENT: Berkeley Springs Pride President Scott Collinash along with the Executive Director of Fairness WV proposed ai nondiscrimination ordinance (attached) to Council. Discussion was had. The Mayor referred the proposal to the Ordinance  Committee.  18. MOTION TO ADJOURN: Approved by Common Consent.  Attest:  Mayor LERB  Recorder mflal    EVENT /USE OF TOWN PROPERTY APPLICATION OFFICIAL USE ONLY  TOWN OF BATH  Fiscaly Festival Year. License Businessl License license Fees Date Issued  271 WILKESSTREET, BERKELEYSPRINGS, WV25411 Phone (304)304-258-11021 Fax (304)2 258-2638 townofbath@wwds.net Please PrintorType  BATH CHRISTMAS MARKET, WV DECEMBER 12-152024  NAME OF EVENT: DATE(S) OF EVENT:  BATH CIVIC TRUST  REQUESTING GROUP OR ORGANIZATION: BEGINNING ANDI ENDINGTIMES: PROPERTY REQUESTED: PURPOSE OF USE:  DEC 12-NOON TO DEC 15-2 2PM- SEE ATTACHED GRAVEL LOT- STATE PARK- - ICE HOUSE-LIBERTY STREET EUROPEAN STYLE CHRISTMAS MARKET & ICE RINK  UPPER FAIRFAX NEXT TO GRAVEL LOT  STREET/METER CLOSURES REQUESTED WITH DETAILS: WILLADMISSION BE CHARGED OR PRODUCTSOLD: NUMBER OF VENDORS ATI EVENT/FESTIVAL: NAME OF RESPONSIBLE PERSON: MAILING ADDRESS: TELEPHONE NUMBER: EMAIL:  PRODUCT SOLD  20+ CLAIRE SCHENE  167 WILKES ST, BERKELEY SPRINGS, WV: 25411  410-428-3516  BATHCHRISTMASMARKETWW/EGMALCOM  DATEAPPLICATION: SUBMITTED: 08/19/2024  CLAIRE SCHENE  SIGNATURE: Application willl bes behalf. Ifr requesting anys street/meter Application is:  submitted to Town Council. Alla applicants are invited to attend the Town Council ands speak on their  closures, applicants must appear at Town Council before the event for approval.  Approved Denied  JApproved Subject to Following:  Town Flat Fee: $ Festival License Fee Due: $15.00 w/ Business License $35.00 w/o Business License Total Due  Pay Now using our QR Code!  Proof of Insurance on File  Date:  Signature of Approval:  TownofBath- Festivall License Application- V04.2024    GEKTEY SPRINGS  PARK  ath Ghrvif Harder VPY  A6o  BATH CHRISTMAS MARKET, WV  "A VILLAGE FULL OF ENCHANTMENT OF  OUR PAST AND PRESENT"    CHRISTMAS MARKET WV  BATH  "AM MLLAGE FULL OF ENCHANTMENT OF OUR PAST AND PRESENT" THURSDAYDECEMBER 12TH- SUNDAYI - DECEMBER 15TH 2024  Welcomet to the first annual "European Style Christmas Market" in our beautiful  Town of Bath, Berkeley Springs WV!  tot the Christmas break for our local businesses, to bring folks to  Our driver is to create great commerce leading up "Hallmark" type home, and this is also a way we hope bring  to decorate our sweet  the hard work put in by our town and the Bath Christmas Project  town to appreciate As al local business, we  tol  our community together fort the common goodfor all.  wanted to share this vision with youv with enough time to plany youri inventory, how) your may  below), and to offer ample time to planfor  choose to decorate your windows and store front (see suggestions  staffing, as well.  tirelessly to bring to ouri first annual event, the following:  We are working  *We will have carolers, al liver nativity, music, as well as tapping Into the local schools to showcase bands, dancers, etc. *We would love to utilize the local scout troops, homeschoolers, for volunteer hours, as well as offeringopportunites: for them to raise money fort their own organization. *Santa, his sleigh, and elves are all seti to provide endless) joy and to add to ouri festivities, too! will *Peace provide how! beautiful have drones to capture been planned! *Sponsorships  *Ani ice rink, that the town will own *Two "villages" for vendors and sell on the spot entrepreneurs (under 16) to sell items they've crafted themselves. White Cocktail Event". courthouse lot (in lieu of food offering a place that feels like adult drinks).  *Juried vendors-tor provide unique, hand-crafted. gifts Artist Circle - Al place av vendor can worktheir craft *An ElfWorkshop' Village Int the state parki for young *The Cocoa Lane Village for adult vendors. This will also be where we'd love tol host our Friday night' "Winter- *We'dlove to have a couple of restaurants, set upi int trucks- -tol keep our event at a more elevated level by an outdoor eatinge establishment with live music and  churches, and thel  like,  candle-lit tours around town; we will  the  the towni is during the event and so so much more! has How Can the Town Getinvolved? Volunteers- - before, during, and after *All "hands on deck" help during the event Promoting to your own client/customer base *Colors: White lights - (We can color the "elf village" gold, berry red, and evers green)  *Decorating your shop (I!!)  **Ifinterested, please contact Claire at 410-428-3516 orb aaaAeENCeN  Hex Codes: #CBB294, #D4B06A, #A74737, #587455, #305647 AI more earthy  Christmas aesthetic, this color palette maintains a uniform tone of colors. From cream to evergreen, it's made to stand out  ndo organic with a wide range  with its perfect color balance.  For more information or to help in some way: Claire Schene. 404383518/bamcehsmanetwepma.con    BATH CHRISTMAS MARKET WV  "A VILLAGE FULL OF ENCHANTMENT OF OUR PAST AND PRESENT"  THURSDAYI DECEMBER 12TH- SUNDAYDECEMBER 15TH 2024  to the Christmas break for our local businesses, to bringf folks to  Our driver is to create great commerce leading upi  Bath Christmas Project to decorate our sweet  town to appreciate the hard work puti inl by our town and the  home, and this is also a way we hope tol bring our community together for the common goodfor  "Hallmark" type  all.  How can the community help? *FUNDING HELP IN ANYWAY  *VOLUNTEERS FOR BEFORE, DURING, AND AFTER EVENT  FROMVARIOUS COMMUNITY GROUPSA SANDGETTINGUS TIMETOSHARE?  *CONNECTINGI WITHLEADERSI  SCOUTING/GIRISEBOYS CLUB(S): TOSELLO ORTOWRAPG GIFTSTOEARNT MONEYFORTHERIROOPS  *SCHOOLS: BANDS, DANCERS, COMMUNTYHOURS  ONSCLUB *VFW *ROTARY *CHAMBER  BELSFOMCIURCHTOMERS ON SUNDAY AT2PM)  "LOCALCHURCHES (RING  AND PROCESSES (I.E. LIQUOR LICENSESETC)  *KEEP ONT TRACKWITHO COPABOMNOWMAEPCON CONNECTIONSWITHTV, RADIO, NEWSPAPERS, SOCIAL MEDIA *DONATION OF CHRISTMAS DECORATIONS FOR TREE'S *BAKERS FOR COMMUNITY COOKIE EXCHANGE *HELPERSTOTAKE Al LEAD POSIIONTOHEIPCLARET  "SPREADINGTHEWORD. ABOUTTHEE EVENT  TAKETASKS OFFHERPLATE @  *ETC  Town of Bath, Berkeley Spring WV  NON-PROFIT HOSTEDEYT CIVIC THE TOWK ORGANIZATION OFBATH 271Wilkra Berlleys spriap wVz 25411 ----- Contad Perse Claires Schese      BATH CHRISTMAS MARKET, WV 271 WILKES STREET,B BERKELVYSPNGSWW2AN Phone 804)304258:102Fax8 (304)258-2638  TOWN OFBATH  Let's start planning for Christmas!!  is  our first annual Bath Christmas Market WVto our village December 12th-15th, to us tot fund our first year!! Anything would helpa and we willl be  The Town of Bath bringing  2024, and we are looking for sponsors help Sponsor decorations: $250-$500 And our gratitude! Sponsor a storage  continue below:  forever grateful! If you'd prefer tol have a choice on designation, please  We will include you in our promotions and campaigns  container, directional signs, help us to pay for the ice rink and incidentals: $500-$2,000  We will include youi in our promotions and campaigns Over $1,000you'll receive (1) ticket tot the Winter White celebration! Over $2,000 you'll receive (2) tickets to the Winter White celebration!  And our gratitude!  Ifyou'd like to sponsor a chalet: $3,000for one chalet We will include you in our promotions and campaigns You'lIreceive (4) tickets to the' Winter' White celebration- Friday As special and unique gift the night of the event We would love to thank you at the event int front of everyone! The total cost for 17 chalets is $41,300 + shipping.  As sign willl be placed on the chalet tos showcase your support! December 13th, 2024/7:30P-8:30P  And our sincerest gratitude!  will help us to begin building this annual event to bring commerce to town and even more  Your support  Christmas spirit to our community! Checks can be made payable to it by the Town Hall, or mail it to:  "The Bath CivicTrust" a non-profit. We are happy to picki it up, feel free to drop  Street  167 Wilkes Berkeley Springs WV25411 c/o Claire Schene @ Mendenhall 1884  for Your consideration beautiful day!  donation will be mailed or may be picked up at the Town Hall.  Areceipt your would really help tol lift the spirit and help to support our small business community. Havea  Warmly, Claire Schene/410-428.3516    Streetscape and BSSP Projects Status Report for Town Council  August 20, 2024 STREETSCAPE  Next Committee Meeting: 9 am Thursday 9/19, Town Conference Room  Phase V Construction contract:  DOH confirmed receipt of the documents and check (Certified receipt & e-mail) Bid extended to Sep gth; DOH expects to award in next week or sO  Next Events: Contract. Award, Inform adjacent business/property owners, Establish Start Date; Set Pre-Construction Meeting, Decide on Apple Butter Work-Around, Start Work, Complete Work. Phase V lighting grant application: Awaiting news on Grant Award Schedule. Town's #1 Priority Thrasher Scope Document in work to support the DOH/Town Funding Agreement, Thrasher Task A$14,000 match will be required at the signing of the Funding Agreement, which has not yet been WVDOHTA Grant Phase VI construction grant application: Awaiting news on Grant Award  WVDOH TA Grant Phase VI design grant:  Order, DOH & FHWA authorization and DOH Notice to Proceed.  received for this design contract. Schedule. Town's #2 Priority  BERKELEY SPRINGS STATE PARK PROJECT  Current Status of DEP Consent Order:  Consent Order public comment period closed on Aug 2nd  Town to  DEP signed the Order on 8-9-24 (the Effective Date) - beginning the 30-Day period for the Provide DEP with a Proposed Plan of Corrective Action and Schedule for DEP Approval That Corrective Action Plan & Schedule is in final draft now-iti is due to DEP by 9-8-24 Attempts to recover the fine ($3,360) from DOHremaining project funds or bid bond do not look promising: DOHI letter (rec'd 8-19) states: "Currently all funds allocated to this project have been exhausted" - but does not mention the dollar amounts. Will try verify Also states that any Town Claim to the Bond company is likely to be denied. Recommends Town seek its own legal advice for the civil penalty- Town has already waived its "right to appeal" as part oft the Consent Order process Eventually the Town (Mayor) must sign a U.S Army Corps of Engineers "Compliance Form" that certifies that the work authorized by the Permit has been completed in accordance with the permit. Will wait until DOH has formally announced "Completion" - Item #22 on Final Inspection  complete two actions:  Provide DEP with a check for the $3,360 Fine  to  these dollar amounts  Certification  covers the environmental issue and Consent Order  NBRT  An order has been placed for 33 flats of perennial landscape plugs from a native wholesale nursery. Planting will be taking place on several days throughout the month of September. Next Meeting would normally be 8/28/24 - but may not be needed without DOH update  Pete Brown Streetscape Committee    EVENT / USE OF TOWN PROPERTY APPLICATION OFFICIALL USEC ONLY  TOWN OF BATH  Fiscal Year Festivall Businessl License License License Fee$_ Date! Issued  271 WILKES STREET, BERKELEY SPRINGS, wV: 25411 Phone (304)304-258-1102 Fax (304)258-2638 townotbath@wyds.net Please Print or Type  NAME OF EVENT: APpLE BUTTER FESTIVAL DATE(S) OF EVENT: OCTOBER IL-13, 2024  CMCHGS)  REQUESTING GROUP OR ORGANIATONHORgAN CouNTy HISTORICAL 4 GENEALOSICAL SCCIETY BEGINNING ANDI ENDING TIMES: berup FRIDAY llocr EVENIN9 JOAM-4P SAT/SUN PURPOSE OF USE: THE TRAIN DEPST, AND THEISSION OFTHE MCHGS  PROPERTY REQUESTED: Toww OP BATH TRAIN DEPOT  To PROMGTE THE HISTORICAL SICNIFICANCE oF THE TOONOP BATH,  STREET/METER CLOSURES REQUESTED WITH DETAILS: NONE  WILL ADMISSION BE CHARGED OR PRODUCT SOLD: APHISSION-NO DONATION5 ACCEPTED, MCHGS  PuSUcATIONS  NUMBER OF VENDORS AT! EVENT/FESTIVAL  f  ONY MCHGS  NAME OF RESPONSIBLE PERSON: TÉREy GOLDEN TELEPHONE NUMBER: CELL (304)433-5599 EMAIL: goldeati5ie 9MAIL.Cor  MAILING. ADDRESS:  $S59 VALLey RD.  DATE APPLICATION SUBMITTED: AuqusT (5 2024  SIGNATURE: YHgt  Application willl be submitted tol Town Council. All applicants are invited toa attend the Town Council and: speak ont their behalf. If requestinganys street/meter closures, applicants must appear atl Town Council before the eventi for approval.  Application is:  Approved Denied  JApproved Subject to Following:  Town Flat Fee: $ Festival License Fee Due: $15.00 w/ Business License $35.00 w/o Business License Total Due  Pay Now using our QR Code!  $ $ $ Proof of Insurance on File  Signature of Approval:  Date:  TownofBath- Festivallicense Application- -V04.2024    $A $ $ $        1$    $A  $