TOWN OF BATH COUNCIL MEETING  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) Rebecca MacLeod (X) Mary Lynn Hickey (X) Dave O'Connell (X) Quorum present. 3. REVIEW OF MINUTES: Minutes ofthe 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 WV DOH on procedures required to close the streets she is seeking for the Market. Guidance from other civic organizations which have sponsored similar  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. STREETSCAPE: 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. 6.7 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 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 ofBath $17,426.59- Motion to approve: Webster/Skinner- Carried  2. PARKS & REC: The next meeting is September 11.  be planned to discuss agreeable solutions.  7. LANDMARK COMMISSION (HLC): No report at this time.  Hickey/MacLeod- Carried    (b) BSWW $69,716.87-1 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: Webster/lickey-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 nextmeeting 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.C CEMETERY: The next meeting is September 27. Landscaping is being planned for the newly repaired mausoleum. Chairwoman Skinner reported that due to the drought Greenway Cemetery mowing was discontinued for several weeks. There will be one more: mowing before September. She is also working on interpretive signage for Union General Barstow's grave. Skinner hopes to complete work soon on thel Home Rule application for Bath. Herj 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 WVPSCas requested. This was accomplished with the assistance of attorney William Rohrbaugh. 16.1 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. .Ifit is approved income expectations can be adjusted to show increased revenue in 2025. O'Connell has studied the issue oft the WSPSD calculation of meter readings for their billing purposes and believes that the 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  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 ofFairness 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 LEEAR  Recorder sflbs    EVENT /USE OF TOWN PROPERTY APPLICATION OFFICIALU USE ONLY  TOWN OF BATH  Fiscaly Festivall Year License Business! License License Fee$ Date! Issued  271 WILKESSTREET, BERKELEYSPRINGS, WV25411 Phone (304)304-258-1102 Fax (304) 258-2638 townofbath@wwds.net Please Print orType  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:  DEC12-NOON TO DEC 15-2 2PM-S SEE ATTACHED GRAVEL LOT- STATE PARK- - ICE HOUSE E-LIBERTY STREET EUROPEAN STYLE CHRISTMAS MARKET & ICE RINK  UPPER FAIRFAX NEXT TO GRAVEL LOT  STREET/METER CLOSURES REQUESTED WITH DETAILS: WILLADMISSION BE CHARGED ORI PRODUCTSOLD: NUMBER OF VENDORS AT 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  BATHCHRISTWAMARKETWV@GMALOM  DATE APPLICATION: SUBMITTED: 08/19/2024  CLAIRE SCHENE  SIGNATURE:  Council. Alla  are invited to attend the Town Council and speak on their applicants must appear at Town Council before the event for approval.  Application willl be submitted tol Town behalf. Ifrequesting anys street/meter closures, applicants  Application is:  JApproved 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    IKTEY SPRINGS  PARK  Buth Giriteus funkers 4PH  46o  BATH CHRISTMAS MARKET, WV  "A VILLAGE FULL OF ENCHANTMENT OF  OUR PAST AND PRESENT"   Lsolily    CHRISTMAS MARKET WV  BATH  "AV VILLAGE FULL OF ENCHANTMENT OF OUR PAST AND PRESENT" THURSDAYDECEMBER 12TH- SUNDAY 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, tol bring folks to  Our driver is to create great commerce leading up "Hallmark" type home, and this is also a way wel hope bring  Christmas  to decorate our sweet  thel hard work put in by our town and the Bath  Project  town to appreciate As al local business, we  tol  our community together for the common goodfor all.  wanted to share this vision withy youy with enough time to plan your inventory, howy your may  below), and to offer ample time toj plant for  choose to decorate your windows and store front (see suggestions  staffing, as well.  working tirelessly to bring to ourt first annual event, thet following:  We are  *We will have carolers, al live nativity, music, as well as tapping into the local schools to showcase bands, dancers, etc. *We would love to utilize thel local scouttroops, homeschoolers, for volunteer hours, as well as offeringopportunites for them to raise money for their own organization. *Santa, his sleigh, and elves are alls seti to provide endless joy and to add to our festivities, too! *Peace will provide candle-lit tours around town; we will have drones to capture how! beautiful the town is during the event and so so much morel has  *Anl Ice rink, that thet town will own *Two "villages" forvendors *luried vendors-tor provide unique, hand-crafted gifts Artist Circle -Ap place av vendor cans worktheir craft and sell on the spot *An ElfWorkshop Village int the state park1 fory young entrepreneurs (under: 16) to sell items they've crafted themselves. *The Cocoa Lane Village for adult vendors. ber where we'd love to host ouri Friday night "Winter- White Cocktail Event". *We'dlove to have a couple of restaurants, set upi courthouse! lot (inl lieu of1 food trucks -tol keep our event at a more elevated level by offering aj place thati feels like an outdoor eatinge establishment with live music and adult drinks).  churches, andi thel like,  This will also  int the  been planned! How Can the "Sponsorships  Town Getinvolved? *Decorating your shop (I!I)  *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 ever green)  **Ifinterested, please contact Claire at 410-428-3516 orb aastpNeN  Hex Codes: #CBB294, #D4B06A, #A74737, #587455, #305647 Ar more earthy  Christmas aesthetic, this color palette maintains a uniform tone of colors. From cream to evergreen, It's made to stand out  do organic with ay wide range  with Its perfect color balance.  For more information or to help in some way: Claire! Schene oAp35i8bamsehsm.netmegmaicon    BATH CHRISTMAS MARKET WV  "A VILLAGE FULL OF ENCHANTMENT OF OUR PAST AND PRESENT"  THURSDAYI DECEMBER IETH-SUNDAYDECEMEER 15TH 2024  to the Christmas breaki for our local businesses, to bring folks to  Our driver is to create great commerce leading upt  Christmas Project to decorate our sweet  town to appreciate the hard work puti in by our town and the Bath  and this is also a way wel hope tol bring our communityt together fort the common goodi for  Hallmark" type home, How can the community help? *FUNDINGI HELPI IN ANYWAY  all.  *VOLUNTEERS FOR BEFORE, DURING, ANDI AFTER EVENT  FROMVARIOUS COMMUNITY GROUPSANDGETINGUS TIMETOSHARE?  COMMECTHCWITHLEADERS  OPRDENMOMTSADERNON  SCOUTING/GIRLSABOYS CLUB(S): TOSELLORTOWRAPG *SCHOOLS: BANDS, DANCERS, COMMUNITYHOURS  ONSCLUB *VFW *ROTARY *CHAMBER  *LOCAL CHURCHES (RING BELLS FROMCHURCHTOWERS ON SUNDAYAT2PM)  TO NAVIGATE PERMISSIONS. ANDI MOCISENEUOOAUCBSSTO  *KEEP ON TRACKWITHACOMMISSONERI *SPREADING THE WORD ABOUTTHE EVENT  CONNECTIONSWITHTV, RADIO, NEWSPAPERS, SOCIALI MEDIA *DONATION OF CHRISTMAS DECORATIONSFORTREES *BAKERS FOR COMMUNITY COOKIE EXCHANGE  AL LEAD POSTONTOMEIPCLARE TAKE TASKS OFFI HER PLATE @  -HELPERSTOTAKE *ETC  Town of Bath, Berkeley Spring' WV  NON-PROFIT HOSTEDBY THE aVIC TOWN ORGANIZATION OFBATH 271Wilkes  Berkairys spriags rhahrvepoala wyz 25413 410-4 428-35161 Costadlerses Mdrista daire Schese  Ay    BATH CHRISTMAS MARKET, WV 271 WILKES STREET, BERELYSPNGS.w2SA1 Phone (304)304-258-11021 Fax( (304)258-2638  TOWN OFBATH  Let's start planning for Christmas!!  first annual Bath Christmas Market WVto our village December 12th-15th,  The Town of Bath is bringing our  fund our first year!! Anything would help and we will be  2024, and we are looking for sponsors tol help us tot  continue below:  forever grateful! If you'd prefer tol have a choice on designation, please  Sponsor decorations: $250-$500 And our gratitude! Sponsor a storage  We will include you in our promotions and campaigns  container, directional signs, help us to payf for the ice rink and incidentals: $500-$2,000  We willi include youi in our promotions and campaigns Over $1,000you'llr receive (1) ticket to 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: $3,000 for one chalet We will include you in our promotions and campaigns As sign willl be placed on the chalet to: showcase your: support! As special and unique gift the night of the event We would love toi thank you at the event int front of everyone! Thei total cost for 17 chalets is $41,300 + shipping.  2024/7:30P-8:30P  You'll receive (4) tickets to the' Winter' White celebration- Friday December 13th,  And our sincerest gratitude!  this annual event to bring commerce to town and even more  Your support will help us to begin building Christmas spirit to our community! Checks can be made payable to it by the Town Hall, or mail it to:  "The Bath Civic Trust" a non-profit. We are happy to picki it up, feel free to drop  167 Wilkes Street Berkeley Springs WV25411 c/o Claire Schene @ Mendenhall 1884  for Your consideration beautiful day!  donation willl 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 VI 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 A$14,000 match will be required at the signing of the Funding Agreement, which has not yet been WVDOH1 TA Grant Phase VI construction grant application: Awaiting news on Grant Award  WVDOH TA Grant Phase VI design grant:  Task  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  DEP signed the Order on 8-9-24 (the Effective Date) - beginning the 30-Day period for the Town to  complete two actions:  Provide DEP with a check for the $3,360 Fine  Provide DEP with a Proposed Plan of Corrective Action and Schedule for DEP Approval That Corrective Action Plan & Schedule is int final draft now- -i it is due to DEP by 9-8-24 Attempts to recover the fine ($3,360) from DOH remaining project funds or bid bond do not look promising: DOH letter (rec'd 8-19) states: "Currently all funds allocated to this project have been exhausted" - but does not mention the dollar amounts. Will try to verify Also states that any Town Claim to the Bond company is likely to be denied. Recommends Town seek its own legal advice for the civil penalty- Town has aiready waived its "right to appeal" as part of the Consent Order process Eventually the Town (Mayor) must sign al U.S Army Corps of Engineers Compliance Form" that certifies that the work authorized by the Permit has been completed in accordance with the permit. Will wait until DOH has formally announced "Completion" - Item #22 on Final Inspection  these dollar amounts  Certification  covers the environmental issue and Consent Order  NBRT  An order has been placed for 331 flats of perennial landscape plugs from a native wholesale nursery. Planting will be taking place on several days throughout the month of September. Next Meeting would normally be 8/28/24 - but may not be needed without DOH update  Pete Brown Streetscape Committee    EVENT/ USE OF TOWN PROPERTY APPLICATION OFFICIALL USE ONLY  TOWN OF BATH  Fiscal Year Festivall Business License License. License Fee$ Date! Issued  271 WILKES STREET, BERKELEY: SPRINGS, WV25411 Phone (304)304-258-1102 Fax (304): 258-2638 townofbath@wydsinet Please Printor Type  NAME OF EVENT: APpLE BUTER FESTIVA L DATE(S) OF EVENT: OCTOBER 1-13, 2024  CMCHGS)  REQUESTING GROUP OR ORGANZATON:HO29AN CouN7Y HISTOPICAL + GENEALOSICAL SOCIETY BEGINNING ANDE ENDING TIMES: berup FRIDAY 1l OCT EVENIN9, JOAM-4AM SAT/SUN PURPOSE OF USE: THE TRAIN DEPST, AN6 THEFISSION OFTHG MCHGS  PROPERTYI REQUESTED: Toww OF BATH TRAIN DEPOT  To PROMOTE THE HISTORICAL SICNIFCANCE oF THE TOLSA OF BATH,  STREET/METER CLOSURES REQUESTED WITH DETAILS: NONE  WILL ADMISSION BE CHARGED OR PRODUCTSOLD: ADHISSION-NO DONATIONS ACCEPTED, MCHGS  PuSUcATIONS  NUMBER OF VENDORS ATI EVENT/FESTIVAL:  &  ONLY MCHGS  NAME OF RESPONSIBLE PERSON: TEREy GOLDEN TELEPHONE NUMBER: CELL (304)433-5599  MAILING ADDRESS: EMAIL:  $559 VALLEy RD.  goldeatisie 9MAIL.cor  DATE APPLICATION SUBMITTED: AuquST 15 2024  SIGNATURE: Hgte  Application willl be submitted1 to Town Council. All applicants arei invited to attend the Town Council and speak on1 their behalf. If requesting anys street/meter closures, applicants must appear at 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:  Townd ofBath- Festivall License Application- V04.2024    $ $ $ $A  $ A  A            $  $        BATH, WEST VIRGINIA NONDISCRIMINATION ORDINANCE  BEI IT ORDAINED BY THE TOWN COUNCIL OF BATH, WEST' VIRGINIA AS FOLLOWS:  SECTION 1: The Municipal Code of the Town of Bath, West Virginia is hereby amended to create a new Article entitled "Unlawful Discrimination" to read as follows: Sec. 1-1. Purpose and Intent. It is the purpose and intent of the Bath Town Council to protect and safeguard the right and opportunity of all persons to bet free from all forms of discrimination, including discrimination based on real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran status. The Council's purpose in enacting this ordinance is to promote the public health and welfare of all persons who live and work in the Town of Bath. It is important for the Town to ensure that all persons within the Town have equal Sec. 1-2. Definitions. For the purposes of this ordinance, the following terms shall have  access to employment, housing, and public accommodations.  the following meanings:  (1)AGE. An individual's status as having obtained forty or more years of age. (2) Town CONTRACTOR. Any person, corporation, or entity that has a contract to (3) DISCRIMINATE, DISCRIMINATION OR DISCRIMINATORY. Any act, policy or practice that, regardless of intent, has the effect of subjecting any person to differential treatment as a result of that person's real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, (4) EMPLOYEE. Any individual employed by or seeking employment from an employer, excluding any individual employed by his or her parents, spouse, or (5) EMPLOYER. A person who employs one or more employees in the Town of Bath, or any agent of such person. Employer shall include the Town of Bath and  do business with the Town of Bath.  marital status, familial status, or veteran status.  child.  any Town Contractor.  1    (6) FAMILIAL STATUS. Means an individual's past, current or prospective status as parent or legal guardian to a child or children below the age of eighteen (18) who  may or may not reside with that individual.  (7) GENDER IDENTITY. The actual or perceived gender-related identity, expression, appearance, or mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.  (8) MARITAL STATUS. An individual's past, current, or prospective status as single, (9) NATIONAL ORIGIN. An individual's or his or her ancestor's place of origin.  married, domestically partnered, divorced, or widowed.  (10)  PUBLIC ACCOMMODATION. Any place, store, or other establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade oft the general public, or that is supported directly or indirectly by government funds. The term does not include any private club, bona fide membership organization,  or other establishment that is not in fact open to the public.  (11) (12) (13)  RELIGION. All aspects of religious belief, observance, and practice. SEXUAL ORIENTATION. Actual or perceived homosexuality,  heterosexuality, or bisexuality.  VETERAN STATUS. An individual's status as one who served ini the  active military, naval or air service.  Sec. 1-3. Civil Rights Declared. The right of an otherwise qualified person to be free from discrimination because of that person's real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran status is recognized as and declared to be a civil right. This  right shall include, but not be limited to, all of the following:  (1) The right to obtain and hold employment and the benefits associated  therewith without discrimination.  (2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any public accommodation without discrimination.  2    (3) The right to engage in property transactions, including obtaining housing for (4) The right to exercise any right granted under this ordinance without suffering  rental or sale and credit therefor, without discrimination.  coercion or retaliation.  Sec. 1-4. Exceptions. Notwithstanding the foregoing, the following are not discriminatory practices prohibited by Sec. 1-3 of this ordinance:  (1). A religious corporation, association, or society that employs an individual of a particular religion to perform work connected with the performance of religious (2) An employer who observes the conditions of a bona fide affirmative action plan or a bona fide seniority system which is not a pretext to evade the  activities by the corporation, association, or society.  purposes of this ordinance.  Sec. 1-5. Enforcement. A violation of this ordinance constitutes a civil infraction and  can be enforced by a private right of action.  (1) There is hereby established in the Town of Bath a private right of action for individuals who are aggrieved of any of the unlawful discriminatory practices described in section 1-3 oft this ordinance. Plaintiff may file a complaint in Morgan County Circuit Court, in compliance with the relevant rules oft that Court, and must show through clear and convincing evidence that the defendant committed an unlawful discriminatory practice as described in  seçtion 1-3 of this ordinance.  Sec. 1-6. - Other Remedies. This ordinance may not be construed to limit any other  remedies available under local, state, or federal law.  SECTION 2: This ordinance shall become effective on [date].  3