TOWN OF BATH COUNCIL MEETING  August 6, 2024  1. Call to ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Elizabeth Skinner (A) Greg Schene (X) Rebecca MacLeod (X) Mary Lynn Hickey (X) Dave O'Connell (X) Quorum present. 3. REVIEW OF MINUTES: Minutes of the Regular Meeting of. July 16, 2024 were 5. COMMUNICATION FROM MAYOR: The Mayor told all that the Blessing Box had been placed between CNB Bank and Liberty Street on South Washington Street.  approved with corrected by Common Consent. 4. PERSONS BEFORE COUNCIL: None at this time.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY (BDA): The next regular meeting is August 7 at 4:30 in the County Commission Room ofthe Courthouse. The On Trac program is on their agenda for discussion and approval to undertake and administer. 3. PLANNING COMMISSION (PC): The next meeting is October 10. The Commission is meeting with the WSWA and the BDA to understand their roles in 4. RAIL/TRAIL (NBRT): The next meeting is August 22. Attached is the written 5. STREETSCAPE: Co-Chair Pete Brown has submitted a detailed progress report (attached). The Supplemental Funding Agreement has been signed and returned to 6.TRAIN DEPOT: Miss Isabella Rainsong and her Traveling Companion' will be performed at the Depot on August 15 and 16. Iti is hoped that the draft lease with TBS  2. PARKS & REC: The next meeting is August 14.  Bath planning.  report submitted by Co-Chair Pete Brown.  the WVI DOH.  will produce positive results soon.  7. LANDMARK COMMISSION (HLC): No report at this time.  8. CLERK/RECORDER REPORT: Clerk Corrick prepared and presented a 2025 Budget Revision to be sent to the State Auditor's Office. The FC: recommended this revision and accompanying Resolution 2024-08-02 (attached) to Council. Allocation MOTION: To approve the 2025 Budget Revision and accompanying Resolution 2025-08-02 as presented (attached)- Webster/MacLeod Carried unanimously 9.E FINANCE: Chairwoman Webster delivered the following bills for approval: (a) Town of Bath $4,586.63- Motion to approve: Webster/Hickey- Carried (b) BSWW $17,513.87- Motion to approve: Webster/Schene- Carried (c) Greenway Cemetery $5,999.00- Motion to approve: Webster/Hickey- Carried (d) Depot $136.90: Motion to approve: Webster/MacLeod- Carried (e). Hotel Motel Disbursements $824.00- Motion to approve: Webster/AIcky-Camed 10. TREE BOARD: Member Kate Lehman told Council that the group has developedit's  of the corrected increase will be discussed at a later date.  2024 five year plan (attached).    MOTION: To approve the Bath Tree Board 5 Year Plan as presented-  Hickey/MacLeod- Carried  11.GRANT: The next meeting is August 12. Chairwoman Hickey informed Council 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 Public Safety 12. PUBLIC SAFETY: The next meeting is August 14. No report at this time. 13. CEMETERY: No: report at this time. The much needed mausoleum work is completed and looks great. Appreciation was shown to all who contributed. 14. PUBLIC WORKS: Next meeting on August 6. Repairs are: needed on the trash truck. 15. ORDINANCE: The next meeting is August 15. Chairman Schene has submitted the justification for the Capacity Capitol Cost Fee to the WV: PSC as requested. He reviewed the entire schedule of public notices, meetings and actions taken for the BSWW Tariff Ordinance amendment. Iti is required that this ordinance be readopted by Council due to the recent submission of justification for the addition ofthe Capacity Capitol Cost Fee. MOTION: To readopt the Town of Bath Berkeley Springs Water Works Tariff It was noted that several business owners in Town have created reserved parking spaces 16. BSWW: The next: meeting is July 17. Chairman O'Connell explained that work continues to acquire the property ROWS for the Rt. 522 extension. It is hoped that this aspect ofthe project moves forward sO as not to hold up the project. Progress is being made with the WSPSD on calculation of meter readings for billing purposes. The Chairman is preparing the 2024-2025 Budget for WV PSC approval. 17.PUBLIC COMMENT: Town resident Rob Campbell requested again that water bills be debited automatically from his bank account. Water Chairman O'Connell will look BSWW customer Lance Strait commented he did not know that a water rate increase was under discussion and that the timing was bad considering the current economic conditions. Chairman Schene and Council addressed his concerns with the schedule and method ofnotices, meetings and advertisements the public received on the action. The fiduciary responsibilities of Council requires the BSWW to maintain stable financial  computer replacement and other grant opportunities.  Amendment Ordinance: Hickey/Schene- Carried  on public property which is not allowed and will be addressed.  into this.  management of the company. This can result in rate increases. 17.N MOTION TO ADJOURN: Approved by Common Consent.  Attest:  Mayor Sc Gmak  Recorder lomy Habsk    Streetscape and BSSP Projects Status Report for Town Council  August 6, 2024 STREETSCAPE  Next Committee Meeting: 9 am Thursday 8/15, Town Conference Room  Phase V Construction contract:  DOH provided the Supplemental Funding Agreement to the Town (via Mail) on Friday, July 26th. Mayor Merki signed the Agreement and the Town Cash Match Check ($13,680.80) and the required documents were mailed to DOH and e-mailed to Kyle Oliver (DOH) on July 30th. Awaiting DOH confirmation of the receipt of the documents and check (Certified receipt & e-mail) Also expect DOH to provide the schedule for Contract Award; current Bid Extension ends Aug 10th. 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 WVDOHTA Grant Phase VI design grant: Next Events: Reviewed and updated Thrasher Scope Document to support the DOH/Town Funding Agreement, Town Task Order to Thrasher, DOH & FHWA authorization and DOH Authority to Proceed. Probably ai few months away. There are sufficient funds in the Streetscape Account toi fund the expected $14K Cash Match required at the signing of the Funding WVDOH TA Grant Phase VI construction grant application: Awaiting news on Grant Award  Agreement.  Schedule. Town's #2 Priority  BERKELEY SPRINGS STATE PARK PROJECT  Current Status  Final Consent Order public comment period was scheduled to close on Aug 3rd. Expect DEP will sign Next Events: DEP Signs the Consent Order (makes it' Effective"); Town submits payment of the $3,360 Fine; within 30-days, Town submits Corrective Action Plan and Schedule (near-final version Letter response to DOH Legal letter was signed by Mayor Merki on July 26th and was mailed and e- mailed to the DOH attorney and Planning Division (continues to seek data on remaining DOH funds int the Project (Funding Agreement) as well as status of the Delauter Bid Bond funds and any impact  the Order. It becomes "Effective" after that. available) for DEP acceptance.  of the Delauter bankruptcy Difficulty in e-mailed copies of this letter to two they no longer work for DOH.  District NBRT  was explained by  D5 -  5 project managers  Corrective Action Plan & Schedule (required by the Consent Order) ini final draft now.  Currently DOH and County reviewing previous Permits to verify end dates and revise as needed. NBRT Task Force Meeting - July 24"discussed DOH plans and some alternatives that could speed the start of work by CenForce and coordination of future potential work beyond the NBRT at the  No overall DOH schedule for the revised Project yet.  Depot Lot Pete Brown Streetscape Committee  1    RESOLUTION 2024-08-02  At a regular session of the municipal council, held August 6, SUBJECT: The revision of the Levy Estimate (Budget) of the RESOLVED: That subject to approval of the State Auditor as ex officio chief inspector of public offices the municipal council does hereby direct the budget be revised PRIOR TO THE EXPENDITURE OR OBLIGATION OF FUNDS FOR WHICH NO APPROPRIATION OR INSUFFICIENT APPROPRIATION CURRENTLY EXISTS, as shown on budget revision number 1 for fund 1 a copy of which is entered as part of this record.  2024, the following order was made and entered:  Town of Bath. The following resolution was offered:  The adoption of the foregoing resolution having been moved by  and duly seconded by  the vote thereon was as follows:  Scott Merki Susan Webster Elizabeth Skinner Mary Lynn Hickey Rebecca MacLeod Greg Schene David O'Connell  Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No  WHEREUPON, The Town of Bath, declared said resolution duly and it is therefore ADJUDGED and ORDERED that said resolution adopted, be, and the same is, hereby adopted as so stated above, the Town Clerk Sharron Corrick is authorized to fix his on the attached "Request for Revision to Approved  and  Budget" signature to be sent to the State Auditor for approval.    REQUEST FOR REVISION' TO APPROVED BUDGET Subject to approval oft thes state auditor, the govering body requests forv which no appropriation ori insufficient: appropriation currently exists.  LGSD BR (Ver. 2020) Ora Ash, Deputy State West Virginia State Auditor's Office 200 West Main Street Clarksburg, wV 26301 Phone: 627-2415ex.5114 Fax: 304-340-5090 Email: Igs@wvsao.gov PersonT To Contact Regarding Request: Name: Sharron Corrick Phone: 304-258-1102 Fax: 304-258-3638 Email: townotpath@wwds.net. REVENUES: (net each acct.) ACCOUNT NUMBER 299  CONTROLNUMBER Fund: RevisionNumber: Pages:  Auditor  that the! budget be revised priort to the expenditure ord obligation off funds Fiscaly Ending:. Year 2025  1 1 1  ($11-8-26a)  Town of Bath GOVERNMENT ENTITY 271 Wilkes Street STREET ORPOBOX  Municlpality Govemment Type  Berkeley Springs CITY  WV25411 ZIP CODE  REVISED AMOUNT 13,417  ACCOUNT DESCRIPTION Unassigned Fund Balance #N/A #N/A #N/A #N/A #N/A  PREVIOUSLY  APPROVED. AMOUNT (INCREASE)  (DECREASE)  5,000  8,417  NET NCREASE/DECREASE) Revenues (ALLI PAGES) EXPENDITURES: (net each account category)  8,417  Explanation for Account #: 378, Municipal Specific: Explanation for Account #: 369, Contributions from Other Funds:  (WV CODE 7-1-9) REVISED AMOUNT 20,917  ACCOUNT NUMBER  ACCOUNT DESCRIPTION  PREVIOUSLY  APPROVED AMOUNT (INCREASE)  (DECREASE)  755 Street Construction #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A N/A  12,500  8,417  NETI INCREASE/DECREASE)Expenditures APPROVED BY THE STATE AUDITOR  8,417  8/6/2024 APPROVAL DATE  AUTHORIZED: SIGNATURE OFENTITY  BY: Deputy State Auditor, Local Government Services Division Date    Town of Bath Reconciliation Summary General Fund, Period Ending 06/30/2024  4:47 PM 07/05/24  Jun 30, 24 -74,558.85 44,740.83 -29,818.02 -14,245.85 91.00 -14,154.85  Beginning Balance Cleared' Transactions Checks and Payments 49i items Deposits and Credits 51 items Total Cleared Transactions Cleared Balance Uncleared Transactions Checks and Payments -61 items Deposits and Credits -31 items Total Uncleared' Transactions Register Balance as of 06/30/2024 New' Transactions Checks and Payments 151 items Deposits and Credits 21 items Total New Transactions Ending Balance  57,389.97  27,571.95  13,417.10  -11,923.23 14,157.73 2,234.50  15,651.60  Page 1    EVENT /USE OF TOWN PROPERTY APPLICATION OFFICIALI USEC ONLY  TOWN OF BATH  Fiscaly Year Festivall License Business Ucense lcenseF Fee$_ Datel issued  271 WILKES STREET, BERKELEY: SPRINGS, WV25411 Phone (304) 304-258-1102 Fax( (304),258-2638 towmofbatn@wwdsinet Please Printo or Type  NAME OF EVENT: DATE(S) OFEVENT: REQUESTING GROUP OR BEGINNING. ANDI ENDINGTIMES: PROPERTY REQUESTED:  hichaes  oswmoLerale SShercsa  bennd Ebasaa  Allyuxy  PURPOSE OF USE: Ltiliz Jobaudn STREET/METER CLOSURES REQUESTEDI WITH DETAILS: WILL ADMISSION BE CHARGED ORI PRODUCTSOLD: NUMBER OF VENDORS AT EVENT/FESTIVAL  Mdges  NAME OF RESPONSIBLE PERSON: eAhes  MAILING ADDRESS:  ig  5S  TELEPHONE NUMBER: 326K-2  EMAIL:  DATEAPPLICATIONS SUBMITTED; SIGNATURE:  00  Ly Lers  Council. All  are invited to attend the Town Council and speak ont their at Town Council before the event for approval.  Application willl be submitted to Town  applicants  behalf. If requesting anys street/meter closures, applicants must appear  Applicationi is:  JApproved Denied  JApproved! Subject to Following:  Town Flat Fee: $ Festival License Feel Due: $15.00 w/ Business License $35.00 w/o Business License Total Due  Pay Now using our QR Codel  $ $ Proof of Insurance on File  Date:  Signature of Approval:  Tommdfamh-fstatuame Application- V04.2024    EVENT/USE OF TOWN PROPERTY APPLICATION OFFICIAL USE ONLY 271 WILKES STREET, BERKELEY SPRINGS, WV25411 Phone (304): 304-258-11021 Fax (304)258-2638 townoibath@wwdsinet PleaseP PrintorType  TOWN OF BATH  Festivall Fiscal Year Uicense Business license License Fee$_ Date! Issued  NAME OF EVENT: DATE(S)O  M R  1 - Seaeand  OFEVENT: oaces  Pock &I  REQUESTING GROUP OR ORGANIZATION: C Sca  BEGINNING ANDI ENDINGTIMES: 0>  *  -  PROPERTYREQUESTED:  T  PURPOSE OFUSE: Rasise Cos  STREET/METER CLOSURESI REQUESTED WITH DETAILS: n WILLADMISSIONI BE CHARGED ORI PRODUCTSOLD: - NUMBER OFV VENDORS ATE EVENT/FESTIVAL: -  cos  RESPONSIBLE NAME OF MAILING ADDRESS: EMAIL:  PERSON: osen  TELEPHONE NUMBER: / G45  DATE APPLICATION SUBMITTED: SIGNATURE:  3S  Council. All  are invited to attend the Town Council ands speak on their applicants must appear at Town Council before the event for approval.  Application willl be submitted to Town behalf. If requesting any: street/meter closures, applicants  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  Date:  Signature of Approval:  TownofBath- Festivallicense Application- V04.2024    August 1, 2024  Tov whom it may concern,  I'm writing on behalf of Cub Scout Pack 81 to request permission to use Town Property to park cars on the Liberty Street Lot,. just south of the St. Vincent De Paul Catholic Church, during and around thet time  of the Apple Butter Festival Weekend: 2024.  We have been privileged to havet the opportunity to do this past years and have relied ont this fora substantial portion of our funding for the year. We are the only Cub Scout Pack in Berkeley Springs andl believe we provide an invaluable resource to the youth oft the Town. Trying toi fund a nonprofit groupi is always challenging. We hope we can continue to count on the support of The Town of Bath. Please  help us continue to fulfill the mission of Scouting herei in Berkeley Springs.  Thank you for considering our request.   Darren Lucas Pack 81- Committee Chair 301.331.9983    $ A  $ $ $ $A  A        $ $A  5    $        Introduction: Mission and Goals  The Treel Board is proposing a five-year plan based upon information about the town's trees as noted in the Comprehensive Plan created by Bartlett Tree Experts in 2023. The mission is to protect the town trees for the many water and air quality benefits that result from maintaining a There are four basic areas of goals tol be contained in the plan submitted by the Tree Board to the  healthy tree canopy. Town Council for approval.  A. Enhance public safety and wellbeing by removing identified at-risk trees, including invasive species such as Bradford pear or Tree ofHeaven (NB: none ofthe trees B. Enhance the health and structural integrity of the town's largest and oldest trees C. Facilitate the health and growth oft through treatment based upon soil analysis and D. Plant new trees to replace those that must bei removed, or to fill appropriate spaçes  identified by Bartlett were ini the high-risk category.)  through trimming and/or bracing.  identification ofi insect, fungal or other threats. where trees have not yet been planted.  The cost ofi implementing the 5-year plan will be based upon receiving grant funds.  Financial Summary A Public Safety 3 Structural Integrity New Trees  Category  2024 2025 2026 2027 2028 $1,500 $2,750 $2,210 $2,178 $2,196 $2,500 $3,690 $4,800 $2,885 $2,885 $1,200 $1,650 $1,700 $1,850  Preserving the Health of Trees $178 $200 $290 $400  $0 $0  Total for Year_ $5,378 $8,290 $9,000 $7,313 $5,081    A/Public Safety Action  Location Fairfax Street Fairfax Street Fairfax Street Fairfax Street Fairfax Street Old English Cemetery Greenway Cemetery Greenway Cemetery Greenway (Johnson Mill)  2025 2026 2027 2028 2029  Remove Bradford Pear/tree 323 Independence Street Remove Bradford Pear/tree324 Independence Street Remove Silver Maple/tree 349 Washington Street/Library $500  $500 $500  Remove Bradford Pear Remove Bradford Pear Remove Bradford Pear Remove Bradford Pear Remove Bradford Pear Remove Black Oak/tree671 Remove Scotch Pine Remove Trees Currently Rated' "Needs Work" Remove Dead" Trees  $550 $550 $550 $550 $550 $605 $605 $600 $400 $2,178 $2,196  Remove Silver Maple/tree 350 Washington Street/Library) Remove Silver Maple/tree 352 Washington Street/Library  Total for Yerr_ $1,500 $2,750 $2,210 $2,178 $2,196  B/Structurall Integrity Action 9N Maples/ White Oak; tree: 389 White Oak; tree 399 Hickory; tree 672 Black Oak; tree690 White Oak; tree 399 White Oak; tree 400 Red Maple; trce 684 Black Oak; tree 690 C/Tree Health Action Test & fertilize trees Treat wooly adelgid Treat Cedar-apple rust Test & fertilize Treat wooly adelgid Treat Cedar-apple rust Test & fertilize trees Treat wooly adelgid Treat Cedar-apple rust Test & fertilize trees Treat wooly adelgid Treat Cedar-apple rust D/Plant New Trees Action Kentuckys yellowwood Linden Maple River Birch 2 trees 8 trees 9trees Replace Trees  Location Entrance Greenway Old Dutch Cemetery Old Dutch Cemetery Old English Cemetery Old English Cemetery Old1 Dutch Cemetery Old Dutch Cemetery Old English Cemetery Old English Cemetery  2025 2026 2027 2028 2029  $2,500 $3,690 $1,200 $1,200 $1,200 $1,200 $1,443 $1,443 $1,443 $1,443  Trim" Trees 548; 551; 555: 558; 559; 582 Greenway Cemetery  Total for Year $2,500 $3,690 $4,800 $2,885 $2,885  Location Traill Head Old German Cemetery Washington & Wilkes Where noeded Where neoded Washington & Mercer Where needed Where needed Greenway Cemetery Where nocded Where noeded Location Independence Street Fairfax Street Liberty Street E.Congress Street Union and Washington Greenway South Entrance Greenway North Entrance  2025 2026 2027 2028 2029  $100 $60 $18 $122 $60 $18 $212 $60 $18 $300 $75 $25  Total for Year_ $178 $200 $290 $400 SO  2025 I 2026 2027 2028 2029  $300 $600 $150 $150 $330 $1,320 $1,700 $1,850  Total for Year $1,200 $1,650 $1,700 $1,850 so