TOWN OF BATH COUNCIL MEETING  Tuesday, June 6, 2023  1. CALL TO ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Chris Chapman (A) Rose Jackson (X) Elizabeth Skinner (X) Greg Forney (X) Rick Weber (A)Quorum present. 3. REVIEW OF MINUTES: Minutes ofthe Regular Meeting ofMay 16, 2023 were 4. PERSONS BEFORE COUNCIL: Darren O'Neil, Executive Director oft the Morgan Arts Council, presented a request (attached) from this organization for reserved parking for their planned Friday evening music events from June 23rd through Apple Butter Festival, October 6, 2023. The request is for the four parking spaces on the west side ofMercer Street adjacent to the Ice House property from 9am until 9pm on the Friday event days. A prepared letter (attached) of agreement to this request and a waiver of the Town's open container law on the Ice House property for these events MOTION: To authorize the Mayor to sign the letter for the MAC: request as 5. COMMUNICATION FROMI MAYOR: The Trail Depot Grand Opening was May 28 with great attendance and enthusiasm. Recorder Webster also had the Town's newly North Wilkes Street has been paved by the WV DOH. Webster presented a letter of appreciation (attached) for approval to be sent to WV Secretary ofTransportation Jimmy Wriston for this project and the multiple Transportation Alternatives (TA) MOTION: To approve the letter ofappreciation to be sent to the WV Secretary of Dates for the upcoming Council meetings were discussed relating to the Canvas of the Election on June 19, West Virginia Day Holiday on June 20 and the Certification ofthe Election on June 21.It was decided that the Canvas of the Election will be Monday, June 19 at 4:30pm, the Certification ofthe Election will be June 21 at 4:30 MOTION: To approve the Bath Council meeting schedule as concurred above-  approved by Common Consent.  was presented.  presented Jackson/Webster - Carried  rehabilitated Depot open for the public at that time.  grant projects throughout the Town and County. Transportation as presented- Webster/Forney - Carried  and the regular meeting will be June 21 at 5:30.  Skinner/Webster - Carried  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY (BDA): The next meeting is June 7 in the Courthouse. Recorder Webster suggested that this group consider sponsorship ofa  Block Party for the newly paved north Wilkes Street. 2. PARKS & REC: The next meeting is May 17 in the Courthouse. 3. PLANNING COMMISSION (PC): President Landon reported that the regular  1    monthly meeting of the PC will be June 12 at 9am with the BDA as invited attendees to discuss that organization'srole and input in the Bath Comprehensive Plan. 4. RAIL/TRAIL: The progress report has been submitted to the Town office (attached). Significant progress has been made recently with the DOH on this TA grant project. Rebecca MacLeod made Council aware that there is a press event scheduled on June 29th in Ranson to announce organizations which have received the 2023 Green Streets, Green jobs, Green Towns grant awards. MacLeod submitted an application for Parcel 1B for storm water management and plans to attend the event. 5. STREETSCAPE: Committee Co-Chair Pete Brown has submitted reports to the Town office (attached). Council agreed to extend Resolution 2022-06 (attached) from last year to be resubmitted this year. Brown will be attending the Morgan County Commission meeting this Wednesday concerning the Commission support letter for Streetscape. Brown also updated Council on the recent progress on receiving additional funding opportunities for the Berkeley Springs State Park project. Senators Trump and Blair and Del. Miller have become involved with 6. TRAIN DEPOT: Chairman Webster met with Matt Pennington ofl Downstream Strategies to discuss future plans and funding sources for continued improvements for the Depot property. Webster is working with US Sen. Manchin's scheduler on a time that he could attend a future Depot celebration. She also donated two new Depot 7. LANDMARK COMMISSION (HLC): The next meeting is August 4, 2023. 8. CLERK/RECORDER REPORT: Clerk Corrick presented Budget revisions for the current fiscal year with accompanying Resolution 2023-06-01 for approval MOTION: To approve Resolution 2023-06-01 as presented - Webster/Forney - 9. FINANCE: Chairwoman Webster delivered the following bills for approval. (a) Town of Bath $20,356.49- Motion to approve: Forney/Webster- Carried (b) BSWW $10,439.86 - Motion to approve: Forney/Jackson- Carried (c) Cemetery $5,636.90- Motion to approve: Fomeylackson-Caried (d) Depot $200.00- Motion to approve: Forney/Jackson- Carried  possible solutions.  banners.  (attached). Carried  10. TREE BOARD: No report at this time. 11.C GRANT: No report at this time. 12. PUBLIC SAFETY: No report at this time.  13. CEMETERY: Chairman Skinner advised that there were: no bids received on the mausoleum repair project, but the Committee is moving forward with alternate plans.  Seasonal work and mowing are underway. 14. PUBLIC WORKS: Seasonal work is being conducted. 15.ORDINANCE: No report at this time.  16. BERKELEY SPRINGS WATER WORKS: Clerk Corrick reported that the repaving of Cornelius Avenue due to the Phase IV Water Line Replacement Project has been pushed forward. A small leak has been discover on Ewing Street and is scheduled for repair. The  2    next meeting oft the Water Committee will be rescheduled due to the Canvas oft the 2023  Election being scheduled for the same meeting time. 17.MOTION TO ADJOURN: Approved by Common Consent.  Attest:  Mymdatenw  Recorder Suayf lebsn  3    Countil Alembers Eligabeth Skimner Rirk eber Chris Chapman 3Rose 3ackson Oreg Jfornep  lapor Stott Alerki Retorber Susan 3. ebster  176  Coun of Datl  271 ilkes Street, Berkelep Springs, 25411 hone 304-258-1102 fax 304-258-2638  June 6, 2023  To Whom It May Concern:  Morgan Arts Council is launching a Friday Night Music series from June 23rd through  October 6th in the courtyard of the Ice House from 6pm = 10pm.  The Town of Bath supports this effort and is excited for the entertainment provided for locals and tourists alike. We know they are going to sell beer and are in process of licensing for this. We waive our open container laws within the confines of the Ice House courtyard and understand they are working closely with WWABC to ensure it meets all the necessary requirements to ensure the space is up to the necessary  standards. Sincerely,  Scott Merki Mayor, Town of Bath  Che Ration's ODbest Tealth Spa  Sinte 1748    lapor Scott Mlerki Retorber Susan 3. ebster  Countil llemberg Clisabeth Skimer Rick eber Ciris Chapmalt 3Rose Jackson Greg: fornep  776  Coun of Datl  271 ilkes Street, Derkeley Springs, 39999 25411 9hone 304-258-1102 fax 304-258-2638  Town of] Bath Resolution 2022-06  This resolution is to authorize submission to the West Virginia Division of] Highway ofa Transportation Alternatives Program grant application for Engineering and Design ofs streetscape Whereas; the' Town of Bath requires supplementary funds to rehabilitate and install sidewalks and associated safety features to provide for the economic resilience oft the community, and Whereas; the Town of] Bath Streetscape Committee has been encouraged by WVDOH to apply Bei it resolved by the Town ofl Bath Town Council that the Mayor oft the Town of Bath is authorized to execute said application along with any agreements or documents on behalfofthe Town ofBath to obtain these grant funds, and to plan and budget for the eventual installation of  infrastructure int the Town ofE Bath,  for these supplementary funds,  the project this grant will assist with funding its design. Given under my hand and the Seal oft the Town ofBath, County ofWest Virginia, In the Town ofl Bat this 21st day of June 2022. By the Mayor ofthe Town of] Bath  htcmik Scott Merki Town of Bath Mayor  he ation's @lbest Tealtly Spa  Since 1748    Status of Streetscape, State Park and NBRT Projects for Town Council  Tuesday June 6, 2023 STREETSCAPE  Phase V: Design Contract: July 11th timeframe  Thrasher plans to release the 30% drawings this week. DOH is planning for al Preliminary Field Review in Town int the The PFR will have more significance than with previous projects. Part of the delay ini the 30% drawings is a more thorough review of the Cost Estimate by Thrasher. DOH is planning to determine the appropriate scope of Phase' Vas ar result oft the 30% review. The problem here is the high bids that DOH is receiving for similar projects (Like the BSSP The May 18th Committee Meeting was held and Outcomes are being published. The issue with the 30% Drawings and Cost Estimate and DOH's desire to reduce the scope ofi the project to fit the current Construction Budget was Ibelieve the current Phase V Construction Budget is: Total of $534,996 with $427,997 from the TA Grant and $106,999 from the Town Cash Match. The Funding Agreement has not yet been formally sent tot the Town. These  Park Project). They dor not want to continue to have to find funds to make awards.  discussed.  numbers will be verified as part of the PFR. Phase Vi: Design Grant Re-Application: Application is on-track.  Intent to Apply (ITA) application was approved as Eligible" on May 12th. Final Application is due by. June 15thThe Plan to submit same basic Phase VI street/sidewalk package for Design Grant Funds. Grant Funding request is increased from $48,000 to $56,000 (New Total with Match of $70,000) to account fori inflation and specific street area DOH is expecting al Design Phase. Application in FY23 and a Construction Phase Application in FY24  issues plus expected iterations of designs tor meet Construction Budget  Berkeley Springs State Park Grant & Project  Status:  Bid opening occurred on April 9th resulted in al low bid of $578,717; leaving a shortfall toi the budget of $117,950 when DOH additional costs are included (the 13%). DOH offered a chance for 80% of thet funding to come from DOH within Awaiting Draft of Supplemental Funding Agreement. Split should be: $142,360 from DOH TA1 funds and $35,590 as a Cash Match from new Sponsor funds being provided from State funds to the Town fort this use. DOH asked that the Sponsor request the $142,360 amount. This request happened on May 24th. We expect that DOH will request the low! bidder to extend that bid price 30 days past June gth (30-days after bid opening.) This is ar routine DOH policy when additional funds are being located to fund that bid price. The bidder can  TA type funds in DOH.  refuse this extension request.  DOH expectation for resolution and award is sometime in July or August.  RFP for Repairs to the Cemetery Mausoleum  Job Showing happened on May 24th at 4 pm. One contractor (a non-bidder) attended.  Bid opening is 4 pm int the Town Bldg Tuesday June 6th The package has cleared the Right-of-Way review. keep monitoring Bid-X for this result.  There are specific qualification factors in the RFP that must be reviewed prior to determining an award.  NBRT  Next step is ai formal multi-function virtual review oft the NBRT Design/Build Solicitation package set for. June 13that DOH. Once anylall items raised at the review are resolved, the project willl be sent for advertising via Bid-X. We will  Pete Brown 571-213-3687  1    RESOLUTION 2023-06-01  At a regular session of the municipal council, held June 06,2023,the following order was made and entered: Town of Bath. The following resolution was offered:  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 4 for fund 1 a copy of which is entered as part of this record. The adoption of the foregoing resolution having been moved  by  and duly seconded by  the vote  thereon was as follows: Scott Merki Susan Webster Chris Chapman Greg Forney Rick Weber Rose Jackson Elizabeth Skinner  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 adopted, and it is therefore ADJUDGED and ORDERED that said resolution be, and the same is, hereby adopted as so stated above, and the Town Clerk Sharron Corrick is authorized to fix his signature on the attached "Request for Revision to Approved  Budget" to be sent to the State Auditor for approval.    Budget Revision for Revenue 130400000 Excise Tax 130600000 Wine & liquor 132500000 Licence & permits 132800000 Franchise Fee 133000000 IPR Fee 135000000 Refuse Collection 135100000 Public Safety Fee 136800000 Contribution 139700000 Video Lottery 139900000 Misc Revenue  6/6/2023  Account  Description  Change  Budget  $ 5,000.00 $ 66,000.00 $ (1,300.00) $ 24,700.00 $ 700.00 $ 11,200.00 $ (1,500.00) $ 11,500.00 $ 1,100.00 $ 14,100.00 9 2,000.00 $110,000.00 2,000.00 $ 26,000.00 $ (10,600.00) $ 35,000.00 $ 100.00 $ 1,600.00 2,500.00 $ 4,500.00  $    AAAAA  A $A  $A  A $A  $A  $A $A        L  $A $ $ $A $A    $  $    Countil Alembers Clisabeth Skimmer 3Rick eber Chris Chapman Rose 3ackson Oreg ffornep  Alapor Scott Alerki Retorber Susan 3. ebster  Coun of Dath  271 ilkes Street, Berkelep Springs, 25411 3Bhone 304-258-1102 fax 304-258-2638  WV Department ofTransportation Secretary Jimmy Wriston Building 5 1900 Kanawha Blvd. E Charleston, WV 25305 Dear Secretary Wriston,  June 1,2 2023  We are the Mayor and Council oft the Town ofBath and are writing this letter to express our appreciation for the paving work that the Morgan County DOH recently completed on the northern portion of Wilkes Street. Superintendent Todd Hutchinson did an excellent job in leading his crew on work that was vitally important to not only the residents and property owners on this street, but the Wilkes Street is now ai more safe, orderly, and attractive environment for our citizens. These enhancements are strong contributions to the economic development and wellbeing oft the area. These improvements are meaningful and we intend to maintain the momentum that the work that District 5. Engineer Lee Thorne has started. Our Town benefits from all the paving and road improvements of the In addition to street paving, we are also grateful for the DOH Transportation Alternatives projects in and around Bath. These include the Town of Bath Streetscape Projects, the Berkeley Depot Project, the Berkeley Springs State Park Project, and the North Berkeley Rail/Trail Project.. All of these are significant contributors to the betterment oft the Town ofBath and Morgan County. Thank you for all you do for the citizens of the Great State of West Virginia!  entire Town.  WVI DOH which occurs in and around Bath.  Respectfully,  Scott Merki, Mayor  Susan J. Webster, Recorder  Elizabeth Skinner, Councilwoman  Che ation's Olbest Tbealth Spa  Sinte 1748    Rick Weber, Councilman  Christopher Chapman, Councilman  Greg Forney, Councilman  Rose. Jackson, Councilwoman  Cc: The Honorable Jim Justice, Governor of West Virginia The Honorable Charles Trump, West Virginia State Senator The Honorable Craig Blair, President West Virginia State Senate The Honorable George Miller, Delegate West Virginia House of Representatives