TOWN OF BATH COUNCIL MEETING  July 2, 2024  1. Call to ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Elizabeth Skinner (X) Greg Schene (X) Rebecca MacLeod (X) Mary Lynn Hickey (X)Dave O'Connell (X) Quorum present. 3. REVIEW OF MINUTES: Minutes ofthe Regular Meeting of. June 18, 2024 were Mayor Merki opened the meeting with the Town of Bath Berkeley Springs Water Works Tariff Ordinance Amendment Public Hearing. This hearing was a formal proceeding held in order for the Council to receive opinions and take questions from all interested parties on the proposed action of Council to enact amendments to the Berkeley Springs Water Works Tariff (attached). The Hearing was properly noticed. Any in attendance were permitted to speak. Members of Council spoke of the need to stabilize the BSWW's financial, operational and administrative condition in order to improve service reliability and be able to move forward with upgrades. When all had spoken Mayor Merki ended the Public Hearing. 4. PERSONS BEFORE COUNCIL: Bath Development Authority President Lisa Stine spoke about the Community Picnic that was held in the BSSP on Sunday, June 30. The event was organized by interested persons on Facebook and was well attended. 5., COMMUNIÇATION FROMMAYOR: The Mayor announced that the shops on Fairfax were sponsoring a Chilled Cocoa Crawl on July 5 from 4pm-8pm.  approved by Common Consent as amended.  The sign-in sheet is attached.  There are plans to continue this activity.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY (BDA): The next regular meeting is August 7 at 4:30 in the County Commission Room of the Courthouse. BDA President Lisa Stine reported on the Special Meeting held on July 1. This meeting was to learn more about the On Trac Program from the Coordinator Jennifer Brennan. Many West Virginia municipalities are involved with this program and Stine had positive comments about the BDA moving forward with it. Iti is part of the WV Community 2. PARKS & REC: The next meeting is July 17.Nothing further was reported. 3. PLANNING COMMISSION (PC): The next meeting is. July 11. The meeting will be centered around the Bath Development Authority and it's future planning.. 4. RAIL/TRAIL (NBRT): The next meeting is July 31.1 Pete Brown detailed the DEP Consent Order issued under the Water Pollution Control Act of West Virginia to the Town of Bath. The Consent order has been signed by the Mayor. Attached is the 5. STREETSCAPE: Co-Chair Pete Brown has submitted a detailed progress report  Advancement and Development.  written report submitted by Brown.  1    (attached). CoChair MacLeod told Council about the workshop she attended in Charles Town concerning ADA Compliance. She reported that Bath was praised for it's efforts toward ADA Compliance and was held up as a good example. 6.TRAIN DEPOT: The next meeting is July 18 at the Depot. 'Miss Isabella Rainsong and her Traveling Companion' will be performed at the Depot on July 19 and 20. Chairwoman Webster will meet with Town Attorney Richard Gay on the lease  agreement with TBS to occupy the Depot this Wednesday. 7. LANDMARK COMMISSION (HLC): No report at this time.  8. CLERK/RECORDER REPORT: Clerk Corrick Prepared and presented an in house MOTION: To approve the in-house budget revision as presented- MacLeod/Skinner 9. FINANCE: Chairwoman Webster delivered the following bills for approval: (a) Town of Bath $2,070.66- Motion to approve: Webster/Hickey Carried (b) BSWW $13,515.59- Motion to approve: Webster/Skinner- Carried (c) Greenway Cemetery $3,600.00- Motion to approve: Webster/Hickey- Carried (d) BSWW R&R $1,241.58: Motion to approve: Webster/MacLeod- Carried (e) Streetscape $3,360.00: Motion to approve: Webster/MacLeod- Carried (f) Tree Board $195.00: Motion to approve: Webster/MacLeod- Carried (g). Hotel/Motel Disbursements $527,442.31-Motion to approve: Webster/Hickey- 10. TREE BOARD: Member Kate Lehman told Council that the group. is closing it's 2024 grant work. She presented the Tree Board's budget for the Division of] Forestry 11.C GRANT: The next meeting is July 8. Chairwoman Hickey informed Council that the COPS grant for new police hires has been submitted. She is continuing her efforts on developing grant funds for a: new Town website. Hickey thanked those on Council and Bath committees who add their efforts to obtaining and administering grants. 12. PUBLIC SAFETY: The next meeting is July 10. Mayor Merki informed all that a second Parking Enforcement Officer had been hired and doing well. 13. CEMETERY: Chairwoman Skinner reported that she hopes that thei mausoleum work will be completed this week. Seasonal work is continuing keeping drought conditions in 14. PUBLIC WORKS: Chairwoman MacLeod reminded all that the garbage rate increase will go into effect on the June 30 billing. Due to the Independence Day holiday residential trash will be picked up on Wednesday, July 3. The Labor Crew is continuing to paint curbs and will hold off on painting the curbs where construction is planned. The Committee is looking into renting dumpsters rather than placing them at no cost to the 15. ORDINANCE: The next meeting is July 11. Chairman Schene presented for Second Reading Town of Bath Berkeley Springs Water Works Tariff Ordinance (attached). Councilman Schene read the ordinance to those in attendance. Council provided financial justification for the needs to increase rates and create a Capacity Capital Cost Fee.  budget revision (attached).  Carried  Carried  2025 Demo Grant (attached). The next meeting is July 17.  mind.  customer.  2    MOTION: To approve for Second Reading Town of Bath Berkeley Springs Water Works 16. BSWW: The next meeting is July 3. Chairman O'Connell explained that work continues to acquire the property ROWS for the Rt. 522 extension. Two are in hand of the16 needed to be obtained. O'Connell will visit the Gat Creek furniture facility to understand the O'Connell is focusing on preventative maintenance for the BSWW. He has plans for the staffto inventory all of the assets. Fire hydrant upgrades are a must also. The BSWW will need financial and technical assistance for the operation's preventative needs. Pressing forward the company will need the help of the Morgan County Commission and the Region 9 Planning and Development Council. The Chairman is behind on preparing the 2024-2025 Budget, but is working towards it's  Tariff. Amendment Ordinance-Hickey/O'Connel- Carried  difficulties of the line going across that property.  completion.  17.MOTION1 TO. ADJOURN: Approved by Common Consent.  Attest: Mayor  Recorder  LmE  Seafuko  3    TOWN OFI BATH (BERKELEY: SPRINGS)  ORDINANCE SETTING FORTH THE RATES, FEES AND CHARGES FOR SERVICE TO CUSTOMERS OFTHE WATER SYSTEM OFTHE TOWN OF BATH (BERKELEY SPRINGS)  WHEREAS, Chapter 24, Article 2, Section 4b oft the West Virginia Code, effective. July 1, 1981, as amended, provides that municipally operated public utilities have approval authority to  set their own rates and charges; and,  WHEREAS, the current rates and charges for water utility service provided by the' Town ofBath are: insufficient to fund its current operating costs including the maintenance oft the water  system; and,  WHEREAS, the 2015I Legislature amended Chapter 24 oft the West Virginia Code to WHEREAS, in order to provide revenues sufficient to pay the expenses of operations and toj provide working capital reserves and capacity capital cost reserves, the' Town Council ofthe Town of Bath deems it necessary to increase the rates and charges for furnishing water utility  require all municipalities to maintain a working capital reserve; and,  services and to establish capacity capital cost fees.  THE COUNCIL OF THE TOWN OF BATH (BERKELEY SPRINGS) HEREBY ORDAINS: The following rules, rates, charges and fees arel hereby fixed, determined and established for municipal water service provided to all general domestic, commercial and industrial users ofthe Town ofl Bath's Municipal Water System, commencing upon the effective date as hereinafter provided, and in lieu oft those rates, fees and charges currently contained in the' Town's Water Tariff P.S.C. W. Va. No. 14 currently on file with the Public Service  Commission of West Virginia:    SECTION1-1 TARIFE  RULES AND REGULATIONS  I. Rules and Regulations for the Government ofWater Utilities, adopted by the Public Service Commission ofWest Virginia, now in effect, and all amendments there to and II. Residences which have been converted into two or1 more: separate living quarters willl be supplied with service through separate meters; provided, however, that ini instances where thisi isi impracticable suchi residences may bes supplied with service through a singler meter and the owner or lessoro ofther residence willl bel billed under the applicable residential service schedule, with billing blocks increase inj proportion to thei number ofliving quarters  modifications thereofhereafter made by said Commission.  served.  III. Theplumbing on thej premises of all new customers be equipped with a shut off valve. In the event the' Town is required to tum offt the water to a customer: not having as shut-off valve, service will not bei resumed until the customer hasi installed a shut-offv valve.  (O)  MULTIPLE OCCUPANCY  On apartment buildings, or other multiple occupancy buildings, each family or business units shall be required toj pay: not less thant thei minimum monthly charge herein established foraf five-eighthsi sinch  meter. Motels and hotels shall pay according to thes sizec ofmeterinstalled.  TRAILER COURTS  House trailer courts shalll beprovided with ai masteri meter.1 Nol bill shalll ber rendered for less than thei minimum bill herein established for a five-eighths inchi meter, multiplied by the number ofunits situated on the court site at thet timet the meteri isi read ori the actual charge for the size meter installed, whichever is greater. House trailer (as used hereinabove) shall include both mobile and immobile House trailers, either mobile ori immobile, located on sites other than aj park or court, shall bel billed  units.  int the same: manner as any other family or business unit.  (O)    APPLICABILITY AVAILABILITY  Applicable within the entire territory served.  Available for general domestic, commercial, industrial and sale for resale service.  RATES First Next Next All Over  (I) (I) (I,C) (I,C) (O)  2,000 gallons used per month 3,000 gallons used per month 50,000 gallons used per month 55,000 gallons used per month  $19.36 per 1,000 gallons $13.99 per 1,000 gallons $11.20 per 1,000 gallons $5.66 per 1,000 gallons  MINIMUM CHARGE  No bill willl be rendered for less than the following amounts per month, according to the  size oft the meter installed: 5/8 inch meter 34 inch meter 1 inch meter 11/2 inch meter 2 inch meter 3 inch meter 4 inch: meter 6 inch meter 8 inch meter  Equivalent Gallons 2,000 3,385 6,439 15,070 25,448 49,640 117,677 344,790 679,877  (I) (I) (I) (I) (I) (I) (I) (I) (I)  $38.72 per month $60.53 per month $100.90 per month $201.75 per month $322.80 per month $605.25 per month $1,008.75 per month $2,017.50 per month $3,228.00 per month  RETURNED CHECK CHARGE  As service charge equal to the actual bank fee assessed to the Utility or a maximum of $25.00 will bei imposed upon any customer whose check for payment of charges is  returned by their bank due toi insufficient funds.    PRIVATE FIRE PROTECTION SERVICE  Where connections, hydrants, sprinklers, etc. onj property are: maintained by customer:  (I)  1-inch Service Line with hydrants, sprinklers, and/or hose connections (I) 2-inch Service Line with hydrants, sprinklers, and/or hose connections (I) 3-inch Service Line with hydrants, sprinklers, and/or hose connections (I) 4-inch Service Line with hydrants, sprinklers, and/or hose connections (I) 6-inch Service Line with hydrants, sprinklers, and/or hose connections (I) 8-inch Service Line with hydrants, sprinklers, and/or hose connections DELAYED PAYMENT PENALTY  $15.63 per month $20.83 per month $32.29 per month $43.75 per month $56.25 per month $68.75 per month  The above tariffi is net. On all accounts not paid in full when due, aj penalty ini the amount often percent (10%) will be added to the net current amount unpaid. This delayed payment penalty is not interest and is tol be collected only once for each bill where it is  appropriate.  (C) WATER DISCONNECIRECONNECIADMINISIRATVE FEES (N,C,I) Whenever water service has been disconnected for any reason, a disconnection fee of  $35.00 shall be charged. Whenever water service which has been previously disconnected for any reason is reconnected, a reconnection fee of$35.00 shall be charged.. A$ $35.00 reconnection fee will be assessed for each occurrence where water service isi restored  after being terminated for nonpayment.  (N) EQUIPMENT DAMAGE AND TAMPERING  Thej property owner will bel held responsible for any damage to, or otherwise tampering with, the utility's water system, which includes, but is not limited to, all piping and meters used and useful in providing water service and all appurtenances thereof. Damaging and/or tampering with the utility's water system is prohibited under West Virginia Code $61-3-45. Violators shall be subject to potential termination ofs service, fines and penalties not to exceed $2,000.00, in addition to the replacement cost, inclusive  ofmaterial and labor, for damaged equipment.  (O)    TAPFEE  The following charge of $850.00 is tol be made whenever the utility installs a 5/8" or 34" new tap to serve an applicant. Time and material for any tap ofl"o or greater will be A tap fee of$850.00 will be charged to customers who apply for service outside ofa certificate proceeding before the Commission for each new tap to the system.  charged to serve an applicant.  (N) METER TESTING FEE (I,C) LEAKADIUSTMENT  A charge of $35.00 will be applied for any meter test requested by the customer.  $2.34 per 1,000 gallons is to be used when the bill reflects unusual consumption in excess of200% ofthe customer's historical usage that can be attributed to leakage on the  customer's side oft the meter.  (I) SECURITY DEPOSITS  $75.00 or two-twelfths (2/12) oft the average annual usage oft the applicant's specific  customer class, whichever is greater. MUNICIPAL EXCISETAX SURCHARGE  The municipality listed below having imposed a public utility tax computed on the basis oftwo (2) percent of the revenues from water sales by the Berkeley Springs Water Works within the corporate limits ofs such municipality, said tax be billed as a' "surcharge" to the The water utility is required to collect the utility tax pursuant to. West Virginia Code 8-13- Customers receiving water service within the corporate limits oft the specified municipality shall pay a surcharge based on the following surcharge rates:  customers receiving service within said corporate limits.  5a.  Municipality Town of Bath  Local Tax Rate 2%  Surcharge Rate    (N) CAPACITY CAPITALCOSTI FEE  In addition to a' Tapl Fee, a Capacity Capital Cost Fee shall apply to each new connection  to the Utility's water system, as set forth below:  Residential Equivalent Gallons/Day 150/unit 150/unit 150/unit 150/unit 150/unit 150/unit  Cost/Usage Equivalent 1EDU=$1,500  Usage Equivalent 1.0/unit 1.0/unit 1.0/unit 1.0/unit 1.0/unit 1.0/unit  Unit  Residential Property Single family detached Single family attached Apartments Mobile Home Condominium Bed and Breakfast Industrial Property General Industry Warehouse Institutional Property Hospital Nursing Homes Others Churches with kitchen Churches without kitchen School Property Day, no cafeteria Day with cafeteria Day with cafeteria & showers Boarding Dormitory  $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $ 1 150 $150 $2,505 $1,500 $_750 $ 75 $ 20 $150 $180 $200 $ 750 750  Speoanito.lpenenaat 15/employee 0.1/employee  250/bed 150/bed 75/person 8/member 2/member 15/pupil 18/pupil 20/pupil 75/pupil 75/student space  1.67/bed 1/bed 0.5/person 0.05/member 0.013/member 0.1/pupil 0.12/pupil 0.133/pupil 0.5/pupil 0.5/pupil    (N) CAPACITY CAPITAL COST FEE (Continued)  Residential Equivalent Gallons/Day 500/set of pumps 10/swimmer 3/seat 35/seat 200/alley 32/seat 250/washer 2/seat 400/restroom 120/room  Cost/Usage Equivalent 1EDU=$1,500  Usage Equivalent 3.33/set of! pumps 0.067/swimmer design 0.02/seat 0.23/seat 1.33/alley 0.213/seat 1.67/washer 0.013/seat 0.013/seat 2.67/restroom 0.8/room  Unit  Commercial Property Service Station Shopping Center Swimming Pool Theatre Fast Food Restaurant Bowling Alley Food Service Laundry Self Service Bar & Cocktail Lounge Tavern - little or no food 2/seat Retail Stores Hotel/Motel  $4,995 $ 1 180 $ 100 $ 30 $ 345 $1,995 $ 320 $2,505 $ - 195 $ 195 $4,005 $1,200  16/100 sfofs sales 0.12/100 sfofsales  1E Equivalent Dwelling Unit (EDU) =150 gallons per day  (O) Indicates an omission (I) Indicates an increase (C) Indicates a change ini text or regulations (N) Indicates new rates ori regulations    SECTION2- - EFFECTIVE DATE  The effective date of the tariff set forth herein shall be forty-five (45) days from passage  oft this ordinance.  SECTION3- -SEVERABILITY: REPEALOF CONFLICTING ORDINANCES The provisions oft this Ordinance are severable, and ifa any clause, provision or section hereofbel held void or unenforceable by the Public Service Commission or any court of competent jurisdiction, such holding shall not affect the remainder oft this Ordinance. Upon the effective datel hereof, all ordinances, resolutions, orders or parts thereofin conflict with the provisions oft this Ordinance are, to the extent of such conflicts, hereby repealed, and to the extent that the provisions oft this Ordinance do not touch upon the provisions of prior ordinances, resolutions, orders or parts thereof, the same shall remain in full force and effect.  SECTION4-S STATUTORY: NOTICE AND PUBLIC HEARING Upon introduction hereof, the Recorder shall cause to be published notice oft this Ordinance in the Morgan Messenger, a qualified newspaper of general circulation in the' Town of Bath (Berkeley Springs), as a Class I publication at least five (5) days before the meeting oft the Town Council at which a final reading and vote on the ordinance will bel held. Said notice shall state that this Ordinancel has been introduced, and that any person interested may appear before Council on the 2nd day ofJuly 2024, at 5:30 p.m., and present comments or protests, ifany. At such hearing, all objections and suggestions shall be heard and thereafter the Council shall take such action as it shall deem proper. Further, said Notice shall advise the public that a copy of this ordinance is available forj public inspection at the Office oft thel Recorder, Town ofE Bath, Bath  (Berkeley Springs), West Virginia.  First Reading:  2024  Final Reading and Public Hearing:  rch O0s  S  TOWN OF BATH (BERKELEY SPRINGS),  amunicipal corporation  Mayor: Recorder:    Chilled Cocoa Crawl:  First Friday Chilled Cocoa Crawl July 5th from 4pm-8pm  The next First Friday event in Berkeley Springs is coming up. Make plans to be downtown Friday, July 5th for the Chilled Cocoa Crawl, presented by Hometown Holidays in Berkeley Springs! This free event is put on by the businesses of downtown Berkeley Springs, sO that you can wander town, enjoy the many flavors of chilled cocoa, and explore what Berkeley Springs has to offer. This event is from 4-8pm, please find Hometown Holidays in Berkeley  Springs on Facebook for more information.    Streetscape and BSSP Projects Status Report for Town Council  July 2, 2024 STREETSCAPE  Phase V: Construction Contract Bid Opening:  DOH is proceeding with the shift to the second low bidder after disqualifying the low bidder due to the requirement to submit Disadvantaged Business Enterprise data, a frequent oversight. SECTION C: WEST VIRGINIA DEPARTMENT OF TRANSPORTATION. DIVISION OFI HIGHWAYS DISADVANTAGED: BUSINESS ENTERPRISE UTILIZATION. AFFIRMATIVE. ACTION CERTIFICATE Itis the intention oft this organization to affirmatively: seek out and consider disadvantaged business enterprises to participate in this contract as subcontractor and/or Suppliers of materials and services. DBE for the purpose oft the certificate means a disadvantaged business as defined by Special Provisions ini the Proposal. The Contractor. shall submit documentation of commitment to use a DBE subcontractor whose participation. the contractor submits tor meeta contract goal. The Contractor shall submit written and signed confirmation from the DBE that is participating in the DOH is preparing the Supplemental Funding Agreement for the next bidder, First Fruits Excavating, Inc Bid: $553,982.50 (with 13% Admin/Contin = $603,400.23). Town Share of higher bid is an additional $13,680.80, for a total match of $120,680.05. Town Council agreed and has sufficient funds int the Streetscape Account. DOH will provide $482,720.18 in TAP grant funds. Full Grant Application was successfully: submitted to DOH on June 25th. Copy of Grant Application was sent to Grant Committee. Grant request was for $100K plus a $25K town match (20%) DOH Award on April 19th (official award letter: 6-11-2024) for $56K Grant plus $14K Town Match- Total of $70K for Phase VI Design of east Congress St and Union St sidewalks, and Mercer Street DOH Funding Agreement and the Town's Scope and Task Order for Thrasher are in development. Grant Application was successfully submitted to DOH on June 25th. Copy of Grant Application was sent to Grant Committee. Grant request was for $400K plus a $100K town match (20%). Streetscape Account Cash Flow: Working on cash flow predictions based on current account plus  contract as provided int the prime contractor's commitment.  Phase VLighting Grant Application:  Phase VI Design Grant Awarded to Town:  lights). Match of $14K to be provided at Funding Agreement approval.  Phase VI Construction Grant Application:  various Cash Match requirements from above Grant actions.  BERKELEY SPRINGS STATE PARK PROJECT  Current Status  Final Consent Order received from WVDEP on June 6th. Town Council passed a Resolution Next step is DEP signature, which begins the 30-Day period when the Town must provide the $3,360 Draft Outline of that Plan was sent to District 5 (Watts) on June 25th. Have discussed with Tim Sedosky at DOH Charleston. He and Daniel Watts (D9) will review that Plan. Plan covers the two Received letter from DOH Attorney Brandon Chinn regarding the Consent Order. They offer some support and recommend contacting the Town Attorney for legal assistance with any Claim against  authorizing the Mayor to sign the Order and return it to DEP. Fine and submit the required Plan of Corrective Action & Schedule.  Violations caused by the contractor. the Contractor Bond.  NBRT  Working to discover current DOH progress and schedule in time for July 24th Task Force Meeting.  Pete Brown Streetscape Committee  1    Budget Revision- City Hall Account 144021100 Telephone 144010300 Wages 144022000 Advert/Legal Pub 144034100 Dept Supplies Budget Revision -BSPD Account 170021100 Telephone 170021800 Postage 170022300 Prof Serv 170034100 Dept Supplies 170010300 Wages Budget Revision - Street Account 175010300 Wages 175010500 Insurance 175010600 Retirement 175034500 Uniforms 175034300 Auto Budget Revision- Garbage Account 180034100 Dept Supplies 180034500 Uniforms 180023000 Landfill  7/2/2024  Description  Change  Budget  $ 520.00 $ 6,520.00 $ (770.00) $ 66,830.00 $ 200.00 $ 620.00 50.00 $ 1,015.00  $ $ Change  7/2/2024  Description  Budget  1,620.00 $ 7,620.00 $ 250.00 $ 1,050.00 $ 170.00 $ 3,170.00 $ 660.00 $ 3,660.00 $ (2,700.00) $ 130,100.00  $ Change  7/2/2024  Description  Budget  $ 240.00 $ 60,232.00 $ 105.00 $ 12,228.00 $ 305.00 $ 5,805.00 $ 510.00 $ 3,310.00 $ (1,160.00) $ 12,069.00  $ Change  7/2/2024  Description  Budget  $ 405.00 $ 405.00 $ 280.00 $ 3,080.00 $ (685.00) $ 52,315.00    6A $ I$ $ $ $A $        $    $    $A  5        0  - 00 00 00 de 00 60