TOWN OF BATH COUNCIL MEETING  Tuesday, May 2, 2023  1. CALL TO ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Chris Chapman (X) Rose Jackson (X) Elizabeth Skinner (X) Greg Forney (X) Rick Weber (A) Quorum present. 3. REVIEW OF MINUTES: Minutes oft the Regular Meeting of April 18, 2023 were 4. PERSONS BEFORE COUNCIL: The letter of request presented by Larry Landon from St. Vincent de Paul Catholic Church asking that the Town abandon Liberty Street from Mercer Street to S. Washington Street will be discussed in the future depending upon additional information. Recorder Webster suggested that the suggested fire lane issue on Bath St. could be solved with a cooperative effort with Lin Dunham and Jim Michael oft the Eastern Panhandle Conservation District explained the current project to repair Dam #7 and presented Council with the Town ofBath Flood Control Operation, Maintenance Funding Agreement (attached). MOTION: To approve the Eastern Panhandle Conservation District Flood Control Charlie Curia of Mountain Laurel Gallery proposed a motion to Council concerning event street closures (attached). Council declined the proposal, but encouraged sufficient notification ofall businesses and residents of events by planners and encouraged favorable attitudes towards activities intended to support the economy. The suggestion of daytime parking for RVs in the Depot lot was revisited. Chief Carper shared that he saw no issue with the matter. Further study and organization is 5. COMMUNICATION. FROMMAYOR: Berkeley Springs Pride submitted a letter requesting the use of 5 parking meter spots along west Fairfax and South Washington Streets for food trucks for their Picnic in the Park event on June 24 (attached). Council agreed with the request and will send a letter confirming that the group is permitted to have the parking spaces for their vendors for this event. 1. BATHDEVELOPMENT AUTHORITY (BDA): No report at this time. 2. PARKS & REC: The next meeting is May 17 in the Courthouse. 3. PLANNING COMMISSION (PC): President Landon reported that the weekly working group is continuing and that they will begin drafting the new comprehensive plan. The group will be talking to the BDA representatives at their next meeting.  approved by Common Consent.  the Farmer's Market during busy times.  Agreement as presented- Webster/lackson- Carried  necessary.  COMMITTEE AND BOARD REPORTS  1    4. RAIL/TRAIL: The progress report has been submitted to the Town office (attached). 5. STREETSCAPE: Committee Co-Chair Pete Brown has submitted reports to the Town office (attached). Recorder Webster added that she had received a call from Morgan County DOH Superintendent Hutchinson on this day telling her that the paving ofnorth Wilkes Street from Union to St. George Street will be May 19. Paving will be from curb to curb. He requested that the Town see to it that the vehicles are removed from this street before May 19 for this work to be  accomplished.  6. TRAIN DEPOT: The punch list has been received from the Mills Group and Lantz Construction is working to complete it. Chairwoman Webster is investigating grants 7. LANDMARK COMMISSION (HLC): The next meeting is August 4, 2023. 8. CLERK/RECORDER REPORT: Clerk Corrick presented Budgetrevisions for the current fiscal year (attached). These changes are made within departments and do not MOTION: To approve the budget revisions as presentec-Wehsterfomey: Carried 9.FINANCE: Chairwoman Webster delivered the following bills for approval. (a) Town ofBath $4,235.19- Motion to approve: Forney/Chapman- Carried (b) BSWW $5,565.84- - Motion to approve: Forney/Chapman- Carried (c) Cemetery $4,475.00- Motion to approve: Fomey/Chapman-Camed 10. TREE BOARD: Member Skinner reported that the Arbor Day tree planting celebration was held April 20, at the 7-11. The Bath Tree Survey is underway. The 12. PUBLIC SAFETY: Chief Carper reported that the City of Charles Town had donated three handheld radar units to the BSPD. Appreciation was shown for Chief 13. CEMETERY: Chairman Skinner advised that mowing in Greenway is continuing. The Request for Proposals will be published for the mausoleum repair on May 3.  for further necessary improvements.  have to be received and approved by the State Auditor.  Town ofBath has once again been named a Tree City USA.  11.GRANT: No report at this time.  Carper's resourcefulness.  14. PUBLIC WORKS: No report at this time. 15. ORDINANCE: No report at this time.  16. BERKELEY SPRINGS WATER WORKS: Chairman Chapman reported that the Phase IV Water Line Repair Project will be substantially completely on May 27 and will reach total completion on June 27. The new ChiefOperator Assistant Rick Mayhew is set to be  on the job staring Tuesday, May 16.  17.MOTIONTOA ADJOURN: Approved by Common Consent.  Attest:  Mayor aEmb  Recorder Sfllesle  2    SAINT VINCENT DE PAUL CATHOLIC CHURCH  March 23, 2023  Honorable Scott Merki, Mayor Ye Town of Bath 271 Wilkes Street Berkeley Springs, WV25411  REF: Street Abandonment  Dear Mayor Merki,  St. Vincent DePaul Catholic Church would like to petition Ye Town of Bath to have the section of Liberty Street abandoned from South Washington Street tol Mercer Street. For as long as any of the parishioners can remember, this section of Liberty Street has never been at through street. During this time the Parish has maintained the grassy arear near  Mercer Street and has performed snow removal in the winter time.  Could you please introduce this to the Town Council and forward any forms that we need  to submit for this process.  Thank you for your consideration of this request.  Lecias  Pastor  z2  67Liberty Street, Berkeley Springs, WV25411 I 304.258.1311 I wwwsvincemudepaulatholchur-bscom    Program: City/County: Bath/Morgan Agreement#  OM&R: Funding  Town of Bath (Berkeley Springs) Flood Control Operation, Maintenance Funding Agreement  THIS AGREEMENT made this  day of  2023, by and between the Town ofE Bath Commission  and the Eastern Panhandle Conservation District.  AUTHORITY:  Eastern Panhandle Conservation District: W.Va. Code 19-21A-4  Town ofBath:  W.Va. Code 8-12-5(9)  THE PURPOSE of this agreement is to recognize the need for ongoing operation, maintenance and inspection for critical infrastructure and toj provide annual funding to operate and maintain the flood control structures in  Town of] Bath.  Itis Mutually agreed that:  This agreement shall run on a 12-month fiscal year, July 1t to. June 30. This agreement may be extended for up All sponsors agree to provide funding to the Eastern Panhandle Conservation District on an annual fiscal year basis to address the operation and maintenance of the structures covered under this agreement.  to five years by mutual consent of each party.  Unless otherwise noted, the annual contributions will be:  Town ofl Bath  $2000.00  The Eastern Panhandle Conservation District shall send a letter in January of each year requesting these funds As part oft the request, the Eastern Panhandle Conservation District shall make a report to the Town of Bath on prior fiscal year's operation and maintenance work and provide aj projection of work that will be performed All parties listed above shall attend the scheduled operation and maintenance inspections on an annual basis at a Any costs outside of the regular operation and maintain will be negotiated and become part ofa a separate  in accordance with the list above.  during the upcoming fiscal year. time mutually agreed to by the parties. agreement between the parties.    OM&R Funding Agreement Town ofBath Agreement #  Town of] Bath's funding is subject to annual appropriations.  This agreement reflects the entire understanding between the parties. Any changes to this agreement shall be in This agreement is governed by West Virginia law. Ifany part of this agreement is declared to be invalid bya body having competent jurisdiction, the remaining terms and conditions of the agreement survive in their  writing and signed by all parties.  entirety. TOWN OF BATH By: Title: Date:  This action authorized at an Official meeting oft the Town of] Bath on the day of int the State of West Virginia. Attest:  2023,  (Signature) (Title)  EASTERN PANHANDLE CONSERVATION DISTRICT  By: Title: Date:  This action authorized at an Official meeting of the Eastern Panhandle Conservation District on day of in the State of West Virginia.  the Attest:  ,2023,  (Signature)  (Title)  Page 2    May 2, 2023  would like to propose a motion to the Town of Bath City Council fori future dealing with street closures:  Proposed Motion:  Ifany person or group wishes to ask the City Council to close a street for an event, they need to present a signed release agreement from each property owner and business owner affected by the closure. The information to be presented to each property owner and business owner shall include dates, times, layout approved by fire department, trash pickup details and al list of vendors. If any property ownerand business owner objects, then the event coordinators need to replan accordingly until all interested parties agree on the logistics. Otherwise, the City Council should deny the street closure. Requests need to be made 6-8 weeks prior to the event date. Ifanything changes between initial approval and date of  event, the process will need to be repeated.  Respectfully,  Charles Curia  Sue Evans    Has the: street closure been cleared with' WVDOH?  There needs to be Pdlcpiceline/rquremens for future street closures.  1. All business/property owners should be notified prior to seeking approval from the Town. Thisr requirement should be certified in writing and should bet the responsibility of the indwidua/organtation petitioning for the street closure. 2. The fire chief should be required to be notified and approve the street closure which blocks access to the fire hydrant on that street, as it does int this case. 3. Afull schematic should be required to be approved by all business/property owners and the Town Council, which cannot be altered without approval of any such changes. 4. All businesses/property owners should be notified of the date/time the petitioning party will bring their request before the Council sO that they can have an opportunity to 5. Arrangements need to be made for additional trash pickup whenever numerous food 6. No such event should encroach upon the sidewalk in front ofa a business or property 7. Final approval by the Town Council must be obtained no less than 6 weeks prior to the date of the proposed street closure event. No changes or alterations can be made within  attend and voice any concerns. trucks are a part oft the event.  without written approval from the business/property owner.  6weeks prior to the event.    Sharon Corrick From: Sent: To: Subject: Sharon, Thank You, Scott Collinash Berkley Springs Pride  Scott Collinash scotmapyrezeao.com Monday, April 24, 20232:50PM Townotbath@wydsinet Meter Reservation  We would like the following to be presented to the Town Council at their next meeting on May 2, 2023.  Dear Councilmen, and Councilwomen,  Berkeley Springs Pride would once again like to reserve the parking meters on Fairfax and Washinton surrounding the State Park, on Saturday June 24, 2023, from 9am till 5pm, sO we can hold our Pride in the Park, again this year. Berkeley Springs Pride is a non-profit, which gives back to the community. We have provided backpacks, and school supplies to the local schools. We give out scholarships to local students attending college or Tech schools. We participated in Starting Points Christmas projects and provided hygiene kits to the needy and homeless. These are justa few oft the many things we have given back to the community. The picnic allows us to continue our efforts. We will have five food trucks along Fairfax and' Washington, all which will be in place by 11am, once they are in place any We would also like al letter confirming that the spaces were reserved for our use. Last year we had uninvited vendors, which gave the local police, and the state police a problem, and because we did not have al letter stating we had reserved them personally they could not be removed. We do have deputy reserves in place during the day also.  remaining parking places will be available for the general public.  Thank you in advance for allowing us to continue our efforts.  Scott Collinash Berkeley Springs Pride 671-261-7495  32à r    Status of Streetscape, State Park and NBRT Projects for Town Council  Tuesday May 2, 2023 STREETSCAPE  Phase V: Design Contract:  Jeff Gola is planning to release the 30% Drawings around May 12th Working with Jeff and DOH to Successful completion of this event will trigger a payment to Thrasher from the Town's Streetscape Account. PII provide the scheduled date for the PFR when available. Would like to brief Streetscape Working on a Timeline to cover the balance of Design Work, Approval Meeting and Payments  set Preliminary Field Review (PFR) date later in May. Committee members on Design Status in advance of the PFR.  Phase VI: Design Grant Re-Application:  Received Applications Notice for TA Grants this year from Mark Scoular Intent to Apply (ITA) application due by May 16th; Final Application due by June 15th  Plan to submit same basic Phase VI street package for Design Grant Funds as previously applied for  in 2022  Berkeley Springs State Park Grant & Project  Status:  The DOH solicitation for this construction project is in progress. It's listed on Bid-X with a Letting Date The Bid Opening (Letting) is virtual" only. The results will post around noon on the May 9th with a The. Asphalt Paving Association puts a video oft the reading at 10 am also for the opening: Responded to Thrasher & DOH on bidders' question on sidewalk color and stamping process. Basically: "Continue with color and stamping requirements of the RFP". We were able to verify that  (Bid Opening of May 9, 2023).  link to bid results: shabarcmw.stnnatnaENAO2A  httpllasphaltwy. com/Letingaspx  the coloring and stamping process are feasible for the park project.  RFP for Repairs to the Cemetery Mausoleum  Working with Beth Skinner, Rebecca MacLeod and Tom Miller to finalize documents required to  solicit for a contract. Plan to advertise for bids in May 3rd Messenger RFP is in final form, ready to go to Sharron on Tuesday  NBRT  Have asked Mark Scoular for update on a Letting Date for the NBRT Design-Build Contract  Pete Brown 571-213-3687    Budget Revision for BSPD Account  5/2/2023  Description  Change  Budget  170034100 Departmental Supplies 170034300 Auto Supplies 170021300 Utilities 170034500 Uniforms 170035400 K9 Budget Revision for Town Account  $ 1,000.00 $ 3,000.00 $ (1,300.00) $ 7,200.00 $ 300.00 $ 2,300.00 $ 1,000.00 $ 3,000.00 $ (1,000.00) $ 500.00  $  5/2/2023  Description  Change  Budget  144022000 Advert/Legal Pub 144034100 Dept Supplies  $ 355.00 $ 705.00 (355.00) $ 645.00  $  Budget Revision for Street Account 175100000 Street Lights 175300000 Snow Removal  5/2/2023  Description  Change  Budget  $ 2,000.00 $ 18,000.00 $ (2,000.00) $ 2,000.00  $    $A  $ $A $ $A $ $            - 6  -