TOWN OF BATH COUNCILMBETING  October 3, 2023  1. 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) Tom Hall (X) Quorum present. 3. REVIEW OF MINUTES: Minutes of the Regular Meeting of September 19,2 2023 5. COMMUNICATION FROMMAYOR: The Mayor addressed the addition of the Friday, October 6 Mercer Street Block Party to the upcoming Chamber of Commerce Apple Butter Festival (ABF) schedule (attached). In order to accommodate the needs oft the Berkeley Springs Volunteer Fire Department the allowable street closure for this event will be Mercer Street from Congress to Independence Streets. The 48th Annual Apple Butter Festival will be held in Town October 6 -8.  were approved by Common Consent.  4. PERSONS BEFORE COUNCIL: None at this time.  Preparations are underway.  COMMITTEE AND BOARD REPORTS  1.1 BATHI DEVELOPMENT AUTHORITY: Next meeting is October 4 at 4:30pm at the Courthouse. President Lisa Stine reported on efforts to assist with the ABF Depot parking fund raiser and the Depot Veteran's Day event. The group is 2. PARKS & REC: No report at this time. The next meeting is October 12. 3. PLANNING COMMISSION (PC): The next meeting is September 21. 4. RAIL/TRAIL (NBRT): The progress report has been submitted to the Town office (attached) by Co-Chair Pete Brown who was in attendance with further details. Councilwoman MacLeod presented the contract (attached) for the Stormwater Control Facility for the Berkeley Springs Depot Parcel 1B with Pentoney Brothers as previously accepted. MacLeod also requested that a $2,100.00 per day fee be permitted for Pentoney Brothers on the projectifneeded. This was granted by common Consent. Discussion turned to the Berkeley Springs State Park Project (report attached) and the need for contractors to be allowed up to four parking spaces on the south side of west Fairfax during necessary 5. MOTION: To allow D5 and Delauter (Contractor) necessary parking spots as 6. STREETSCAPE: Committee Co-Chair Pete Brown has submitted a report on 7. TRAINDEPOT: Chairman Webster reported on the Apple Butter parking fund raiser project and November 11 event progress. She is grateful for all help offered including that of the Morgan County Historic and Genealogical Society and the Bath Development President Lisa Stine and others. She is requesting that  continuing work on the new website development.  construction times.  described- MacLeod/Hickey - Carried  Streetscape (attached) and was present with further details.  1    proceeds from parking fees collected on the lot owned by her be used to complete the Streetscape lighting which was initiated with the Depot Exterior Rehab Project 8. LANDMARK COMMISSION (HLC): Next meeting is October 19 at 2pm which will include the WV State Historic Preservation Office officials for an educational 9. CLERK/RECORDER REPORT: Clerk Corrick reminded all of the State Auditor's training to be held on October 4 in Martinsburg. She also advised ofa Notice of Building Improvement submitted for Rockwell Street. 10.FINANCE: Chairwoman Webster delivered the following bills for approval: (a) Town ofBath $7,847.57- Motion to approve: Webster/Skinner- Carried (b) BSWW $15,756.73 - Motion to approve: Webster/MacLeod- Carried (c) Greenway Cemetery $86.50- Motion to approve: Webster/Hickey- Carried (d) Tree Board $15.60- Motion to approve: Webster/MacLeod- Carried (e)Hotel/Motel Disbursement $41,813.26: Webster/Skinner- Carried 11.TREE BOARD: Councilwoman MacLeod explained that the Board's next grant has been submitted as explained at the last Council meeting. 12.GRANT: The next meeting is October 11 at 4:30pm. Chairwoman Hickey reported that the Committee is researching the abilities of Region 9 Planning and Development with assistance from Governor Justice's EP Representative Daryl Centers. Their topics of focus and benefit are workshop development, training, economic development, community development, outdoor recreation, job creation, retention, infrastructure and site development. Her work with this group 13.PUBLIC SAFETY: The next meeting is October 11. The Chief Carper updated Council on the WV DOH letter written concerning cross walks in Bath and speed signs. Appreciation was extended to the Chief for his Chief's Corner article in the 14.CEMETERY: The next meeting is September 22. Councilwoman Skinner recommended that contract negotiations be accepted to move forward with MRB, LLC for the mausoleum repair work. This received Council agreement. 15.PUBLIC WORKS: Chairman MacLeod advised that the garbage trucks are getting needed repair. Paving on South Green Street will begin after the. Apple Butter Festival. She is evaluating the condition of Warren and Duane Streets. 16.ORDINANCE: The next meeting is October 18. Chairman Schene reported that the committee is researching ai revision of the BSWW's tariff and possible capital improvement fees. Home Rule for Bath is also being explored. 17.BSWW: Next meeting is October 10. Chairman Hall announced that Rick Mayhew will soon be taking over the supervision ofthe BSWW operations. He also reported on the Instalogic incomplete project and payment, Hach equipment upgrades, Aumua variable speed actuator repairs and inspections andI I. M. Motor Electric inspection of pump motor maintenance needs. The BSWW has advertised for two Operator in  completed in 2015.  workshop. This will bel held in the Ice House.  Cowles. She has  also made a significant contact with WV Grant Resource  isI much appreciated.  Morgan Messenger.  2    training positions.  18.PUBLIC COMMENT: Council members Schene and Hickey requested that all expenses of the Town over $500.00 be approved in advance of expenditure. Allowable uses oft the rehabilitated Depot were discussed and will be confirmed. Council recognized the generous volunteerism of Pete Brown and Tom Miller for the multiple Bath projects that they are heavily involved in bringing to fruition. Appreciation was shown by all in attendance. The use of the' Town street sweeper was  explained to Donna Coates by the Mayor.  19.MOTION: TO. ADJOURN: Approved by Common Consent.  Attest:  Miyol-fEnk  Recorder Srf ld  3    S2    sy00g 1848 poos  0000  O0ou 5400875xeye4 uaag 18 xeye vopesfyburyo swoouyeg 39 a6es  swoouyieg pooy 0H07 541008 18 xejey 0000h 18xeye4josdovs a4.1  000  poo.  pooy  sy00g1555216uo0  sy1008 18 ssa.buo0  sdoys pooy $41008 18 aouapuadapy  0000 pooy  25  s400815 aouapuadapu)    Status of Streetscape, State Park and NBRT Projects for Town Council  Tuesday - October 3, 2023 STREETSCAPE  Phase V: Design & Budget: budget (see below)  Received an early version of the 90% Thrasher Design & Cost updates. Reviewed the drawings and sent comments and changes to. Jeff Gola on Sep 25th. The latest plan for thet formal DOH 90% (virtual) review is the week of Oct 9th. Jeff said he willi incorporate our comments ini thei final 90% drawings. The 90% Cost Estimate is within our current DOH Program Office is nearing completion of a revised Funding Agreement that will replace the earlier version sent to the Town in late. June. - believe Iwill see a draft. We expect the total Construction Phase Agreement to be: TA Grants: $427,997; Town Cash Match: $106,999.25; Total: $534,996.25. Streetscape Account balance at mid-September was Still no date yet for the first Thrasher invoice ($15,000 for the 30% Design) but likely in Oct. Town will pay Invoice and DOH will reimburse the payment at 100%. There are three invoices ($55,000 total) to be paid for Phase V design  $119,193. Once thet formal version is received, we expect the Town tol be able to sign.  work.  Berkeley Springs State Park Grant & Project  The On-Site pre-construction session was completed on Thursday Sep 21st. It went fairly well: We met thel D5 lead person (Ryan. Arnold) and the on-site D5 Contractor Rep (Josh White) D5 and Delauter (Contractor) agreed to delay the start of mobilization and work until after Apple Butter - on Sidewalk color and stamping pattern and thel bridge color and decking color were selected by the Park (Scott Asample of the colored ands stamped concrete sidewalk will be poured in the Park for approval. Bridge material and design were discussed and D5 and Delauter were asked to improve the proposed aluminum bridge to include a 4 inch arched shape and pedestrian railings more in keeping with the Park's other features. With these features- included, the aluminum bridge was accepted.  Octgth.  Fortney) and Foundation (Pete Gordon).  Repairs tot the Cemetery Mausoleum  The Evaluation Team will present its Recommendations to the Cemetery Committee at its meeting Tuesday Oct 3da at Once accepted by the Committee, al Recommendation will be presented at the Town Council Meeting at 5:30 pm on  9:30 am Oct3rd.  NBRT  The official Letting date is still December 12, 2023- with a Construction completion date of March 28, 2025. DOH (Mark Scoular) advised that each of the bidders will complete a 30% Drawing Set with their bid. The winner/low bidr moves on with the Construction Design - and eventually the Construction firm partnered with the The Construction Contract for the building of the Parcel 1B Stormwater Management System will be presented at the  Design Firm gets to build the trail.  Town Council Meeting - Oct3 3rd-1 for Council Approval  The pre-construction meeting required with the funder and' WWDEP was completed on Sep 25th.  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