TOWN OF BATH COUNCIL MEETING Tuesday, December 20, 2022  1. CALL TO ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Chris Chapman (X) Rose. Jackson (X) 3. REVIEW OF MINUTES: Minutes ofthe Regular Meeting of December 6, 2022 were  Elizabeth Skinner (X) Greg Forney (X) Rick Weber (A) Quorum present.  approved by Common Consent.  4. PERSONS BEFORE COUNCIL: None at this time.  5. COMMUNICATION FROM MAYOR: Mayor Merki acknowledged the  volunteerism, generosity and cooperation oft the people oft the community especially during the Christmas season. He also commented with disappointment on ill will displayed of late through written articles, social media and other means. Councilman Forney concurred and the sentiment was applauded by the Council.  COMMITTEE AND BOARD REPORTS  1. BATH DEVELOPMENT AUTHORITY (BDA): BDA members Councilman Chapman and Recorder Webster explained two BDA bylaw amendments concerning quorum and time and place ofmetingslattached) that this Authority has presented MOTION: To approve the two bylaw amendments as presented by the Bath 2. PARKS & REC: The: next meeting is December 21 in the Courthouse. 3. PLANNING COMMISSION (PC): The next meeting is January 5,2 2023. The Comprehensive Plan Assessment sub-committee continues to meet weekly. President Landon conveyed his positive impression oft the Christmas events and 4. RAIL/TRAIL: The progress report has been submitted to the Town office (attached). 5. STRBEISCAPE: Committee Co-Chair Pete Brown has submitted reports to the 6. TRAIN DEPOT: Chairman Webster reported that work progress continues on the interior rehab ofthe Depot. The dry wall and insulation have been installed. The: next 7. LANDMARK COMMISSION (HLC): No report at this time. The next meeting is 9. FINANCE: Chairwoman Webster delivered the following bills for approval. (a) Town of Bath $23,384.99- Motion to approve: Forney/Chapman- Carried (b) BSWW $57,387.21 - Motion to approve: Forney/Chapman- Carried (c) Hotel/Motel reimburemet-S14040- Motion to approve: Forney/Chapman- 10. TREE BOARD: No report at this time. Next meeting is January 18 at 4pm.  for Council consideration and approval.  Development Authority- Skinner/Forney- Carried  decorations in Town. Town office (attached).  Owners Meeting will be after the holidays.  January 12 at 2pm.  8. CLERK/RECORDER REPORT: No reports at this time.  Carried  1    11. GRANT: Chairman Forney will respond to a communication from Morgan County Commissioner Bill Clark concerning the Federal Lands Access Program grant opportunities. Forney will also continue to work with Region 9 Planning and 12. PUBLIC SAFETY: Chairwoman Jackson reminded downtown business owners to not park at the free parking meters during the holiday season. The free parking meters are for the benefit of business customers and visitors. BSPD officers will be on active foot patrol in Town. Applications for the ChiefofPolice positions are being. sought. 15. ORDINANCE: Councilman Chapman reported that the Committee is working on updating the personnel manual and Tree Board proposed amendment. The: next meeting is 16. BERKELEY SPRINGS WATER WORKS: The next meeting is January 9 at 4:30pm.  Development Council.  13.CEMETERY:NO report at this time. 14. PUBLIC WORKS: Noi report at this time.  January 3 at4 4:30pm.  17.MOTIONTOADJOURN: Approved by Common Consent.  Attest: Mayor  Recorder  EAiÉ  am/lle  2    Hello BDA members  Thisi is official notice that a BDA bylaw change is being proposed. This email meets the 10-day notice  requirement of the existing bylaws. The includes the proposed wording changes.  The two changes as follows:  ARTICLE XA AMENDMENTS to BY-LAWS Section 1. Amendments: Amendments to these by-laws may be approved at any regular or special meeting of the Authority by a majority vote of the entire membership; provided however, that written notice, sent in accordance with Article IV, Section 5, describing with particularity the proposed amendment, must be given to each member at least ten (10) days prior to the regular or special meeting at which the proposed  amendment will be considered.  Section 2. Approval by Town of Bath Council: Following approval by the Board per Section 1, by-law changes shall be submitted to members of the Town of Bath Council for their final approval. The approved version of the by-laws shall be executed and adopted by the Authority  at the next meeting of the Board.  There are two areas are proposed to be amended.  Current:  Section 1. Time and Place: The Authority members shall generally meet on the second Tuesday of each month, at 5 p.m., at the Town of Bath Town Hall, or at a place and time otherwise designated for the meeting. If the meeting day falls on a legal holiday, the meeting shall be  held the following day or on another day designated.  Newly Proposed notification. Current:  Section 1. Time and Place: The Authority members shall determine the location, day and time ofeach meeting. The meeting date and time and agenda shall be properly published for public  Section 2. Quorum: A majority of the duly appointed members of the Authority constitute a quorum and no action of the Authority shall be official unless authorized by a quorum at a regular or properly called special meeting. If a quorum is not present, those present may  adjourn the meeting to a later date.  2    Newly Proposed  Section 2. Quorum: Five members present including at least one officer will constitute a quorum and no action of the Authority shall be official unless authorized by a quorum at a regular or properly called special meeting. Ifa a quorum is not present, those present may  adjourn the meeting to a later date.  These will be voted on by the authority on November 5th. Ironically, we need a quorum SO please attend  either in person or by Zoom.  The Town Council will also need to approve these changes following our decision.  3    AMENDEDBY-LAWSOFTHE BATH DEVELOPMENTAUTHORITY  ARTICLEI  NAME AND PLACE OF BUSINESS  Section 1. Name: Bath Development Authority, hereinafter referred to as the "Authority."  Section 2. Place of Business: The principal office of the Authority shall be located in the Bath Town Hall Section 3. Appointing Authority: Town of Bath Council hereinafter referred to as the "Appointing Authority."  located in Berkeley Springs, Morgan County, West' Virginia.  ARTICLEII  PURPOSE AND COMPLIANCE WITH APPLICABLE LAWS  Section 1. General: The. Authority is not organized for profit but is organized exclusively fori the purposes set forth in House Bill No. 367 enacted by the 1963 Session of the West Virginia Legislature and now a part of the Section 2. Purpose: The purposes for which the Authority is created are to promote, develop and advance the business prosperity and economic welfare oft the Town of Bath, its citizens and its industrial complex; to encourage and assist through loans, investments or other business transactions int the locating of new business andi industry within the Town of Bath and to rehabilitate and assist existing businesses and industries int the Town of Bath; to stimulate and promote the expansion of all kinds of business and industrial activity which will tend to advance business and industrial development, maintain the economic stability oft the Town of Bath, provide maximum opportunities for employment, encourage thrift, and improve the standard of living of the citizens of the Town of Bath; to cooperate and act in conjunction with other organizations, federal, state, or local, in the promotion and advancement ofi industrial, commercial, agricultural, and recreational developments with the Town of Bath or County; and to furnish money and credit, land and industrial sites, technical assistance and such other aid as may be deemed requisite to approved and deserving applicants fori the promotion, development and conduct of all kinds of business activity in the Town Section 3. Powers of the Authority. The. Authority shall have all of the powers given by the West Virginia  General Laws as Article 12 of Chapter 7 oft the Code of West Virginia.  of Bath. (W. Va. Codes 7-12-2). Code S 7-12-1 et seg.  Page 1of11    Section 4. Liberal Construction of By-Laws: It is the purpose of the Authority to provide for promotion, development and advancement of the business prosperity and economic welfare oft the Town of Bath, its citizens and its industrial complex, and these by-laws shall be liberally construed as giving the Authority full and complete power reasonably requested to give effect to its purpose described above. (W.Va. Code Section 5. Compliance with Applicable Laws: The Authority shall observe and comply with all applicable local, state and federal laws, including, but not limited to the requirements of Chapter 7, Article 12 of the Code of West Virginia as amended. Ifa a conflict arises between the provisions of these by-laws and the applicable West Virginia Code provision, the West Virginia Code provision shall govern. If any article, section or provision of these by-laws is held to be unconstitutional, all the remaining articles, sections and  $7-12-15).  provisions shall nevertheless remain valid.  ARTICLE Ill  MANAGEMENT AND MEMBERSHIP OF THE AUTHORITY  Section. 1. Membership: Management and control of the. Authority, its property, operations, business and affairs, shall be vested,n a board of members of not fewer than twelve (12) and not more than twenty-one (21) persons who shall be appointed by the Town of Bath Council and be known as members of the Authority Section 2. Appointment of Members: The Town of Bath Council shall appoint two members of the Council to represent the Council on the Authority's Board. Other members shall be appointed by the Town of Bath Council and shall include representatives of business, industry and labor, that may reside within the Town of Bath, in Morgan County, or in any county contiguous with Morgan County. (W.Va. Codes 7-12-3a) Section 3. Term of Members: The initial members of the Board shall be appointed to ai term of one year, two years and three years respectively. Thereafter, members shall be appointed for ai term oft three years. Ar member may be reappointed for such additional term or terms as the Town of Bath Council may deem proper. If a member resigns, is removed or for any other reason membership terminates during the member's term of office, a successor shall be appointed by the Town of Bath Council toi fill outthe remainder of the member's term. Members in office at the expiration of their respective terms shall  and each shall sit on the Authority's Board. (W.Va. Codes 7-12-3a)  continue to serve until a successor has been appointed. (W.Va. Codes7-12-3a)  Page 2of11    Section 4. Compensation of Members No member of the Authority shall receive any compensation, whether in formal salary, per diem allowance or otherwise, in connection with his or her services as a member. Each member shall, however, be entitled to reimbursement by the Authority for any necessary expenditures in connection with the performance of his or her general duties as a member, provided, however that such expenditure is approved in advance or approved by a majority vote of the Authority with the member requesting reimbursement being recused from the vote. (W.Va. Codes 7-12-5) Section 5. Conflict of Interest: No person shall be disqualified from serving as a member of the Authority solely as a result of the person's employment with a particular business, including without limitation employment with a public utility company or bank. However, whenever a conflict of interest arises between the Authority and the member's employer, then the member must recuse himself or herself from any vote, discussion or other activity associated with the Authority or its members that created the conflict Section 6. Resignation or Removal of Members: If a member of the Authority resigns, the Secretary of the Authority shall immediately notify the Town of Bath Council, and a request for the appointment of a qualified person to fill the vacancy left by the resigning member should be made as soon as possible thereafter. The Town of Bath Council may at any time remove its appointed member of the Authority by an order duly entered of record or by other action appropriate and may appoint a successor member for any member sO removed. Section 7. Vacancies: If requested sO to do, the members shall recommend to the Town of Bath Council the names of qualified persons for appointment toi fill either pending or existing vacancies in the membership oft the. Authority, and such candidate shall either appear before the Appointing Authority at a regular meeting to answer questions and receive appointment, or, in the alternative shall provide a letter Section 8. Attendance: If any member fails to attend (3) regular consecutive meetings of the Authority without an acceptable excuse, the Authority may recommend to the Town of Bath Council that the offending  ofinterest. (W.Va. Code S 7-12-4 and $7-12-5)  (W.Va. Codes7-12-3a)  requesting such appointment..  member be removed as a member and a successor member appointed.  ARTICLEIV  MEETINGS OF THE AUTHORITY MEMBERS  Page 3of11    Section 1. Time and Place: The Authority members shall determine the location, day and time of each meeting. Section 2. Quorum: Five members present including at least one officer will constitute a quorum and no action of the Authority shall be official unless authorized by a quorum at a regular or properly called special meeting. Ifa Section 3. Voting: Each member of the Authority present, either in person or by phone or video conference, Section 4. Special Meetings: Special meetings oft the Authority may be called by the President or by at Section 5. Meeting Notice: Notice in writing of each regular or special meeting oft the Authority to members shall be given to each member by the Secretary by sending the Notice to the last known post office address of the member, or by electronic mail or by facsimile, at least three (3) days before the date fixed for such meeting. The notice of any special meeting shall state briefly the purpose(s) of the meeting and the nature of the business to be transacted, and no purpose or business other than that stated ini the Notice shall be Section 6. Agenda: The President or the Secretary shall prepare and send to all members, at least three (3) business days before a regularly scheduled meeting date, and at least four (4) calendar days before an irregularly scheduled meeting date, an agenda outlining the items to be discussed at the meeting. A member who wishes to include an item in the meeting agenda shall notify the President and the Secretary at least five (5) calendar days prior to the regularly scheduled meeting date for the item to be included in the agenda. Any matter not disposed of at a meeting shall be included on the agenda of the next scheduled meeting. Items may be added to or deleted from the agenda, including executive sessions as authorized or required by West Virginia law. Items not on the posted agenda are presented and placed on a subsequent agenda for action, unless the item requires immediate action because of an emergency situation, or where the need to take immediate action came to the attention of the Authority subsequent to the posting of the agenda. All meetings shall be conducted according to Robert's Rules of Order and in accordance with the West  The meeting date and time and agenda shall be properly published for public notification.  quorum is not present, those present may adjourn the meeting to al later date.  shall have one vote at an. Authority meeting.  least two (2) members upon written request to the President and Secrétary.  discussed or transacted at the special meeting.  Virginia Open Meeting Law. (W.Va. Codes 6-9A.  Page 4 of 11    ARTICLEV  CONFIDENTIALITYC OFI EXECUTIVE SESSION  Section 1: Executive Session: An Executive Session may be called upon a majority vote of the members for purposes of discussing such matters as are authorized tol be discussed in Executive Sessionl by public agencies pursuant to' West Virginia Code S 6-9A-4. No member of the Authority shall disclose any information discussed inE Executive Session to any individual, organization, or corporation. Anything discussed in open session is subject to public discussion and reporting. All matters before the Authority may be discussed by members of the Authority pursuant to the West Virginia Freedom of Information Act. (W.Va. Codes 29B)  ARTICLEY VI OFFICERS  Section 1. Officers: The officers of the Authority shalll be al President, Vice President, Secretary, and' Treasurer, each of whom must be a member of the Authority. The offices of Secretary and Treasurer may be served by Section 2. Election ofOfficers: The officers oft the Authority shall be elected each year by the members att the Authority's last regular meeting of the fiscal year, i.e., the June meeting, with officers to assume their duties the first day of the new fiscal year, i.e., July 1, or as soon as possible thereafter. The officers sO elected shall serve until the next annual election by the membership and until their successors are duly elected and qualified and the officers may succeed themselves. Officers shall be elected for a term of no more than one year, provided however, any officer may be re-appointed by the Authority for up to five consecutive one year terms. Any vacancy occurring among the officers, except for the office of President, shall be filled by appointment from the membership by the President until the next regular or special meeting of the Authority, when the members will elect a replacement to serve until the next annual election.  the same person, as Secretary-Treasurer.  Section 3. Nominating Committee: A nominating committee of three (3) members shall be appointed by the President no later than sixty (60) days prior toi the annual election meeting. The report of the nominating committee shall be presented to the members at the regular monthly meeting preceding the annual election meeting. Nominees shall have consented to such nomination prior to the report of the nominating  Page 5of11    committee. Nominations may also be r.iade from the floor at the annual election.  ARTICLE VII DUTIES OF OFFICERS  Section 1. President: The President shall preside as chairman at all meetings of the membership of the Authority. He/she shall appoint all committees as recommended by the membership and shall be an ex- officio member of all committees. The President shall, together with the Secretary, sign the minutes of all meetings of members at which the President presides. The President shall attend generally to the executive business oft the Authority and exercise such powers as may be conferred upon him or her by the members, by these by-laws, or as prescribed by law. The President shall execute, and if necessary acknowledge for record, any deeds, deeds of trust, contracts, notes, bonds, agreements or other papers necessary, requisite, proper or convenient to be executed by or on behalf of the Authority when and if directed by the members ofthe Authority. The President shall be responsible for publishing a calendar year end narrative report in the Morgan Messenger which shall provide the public with a brief overview of the Authority's completed and Section 2. Vice President: If the President is absent or for any reason is unable to discharge any of the duties oft the office then the same shall be discharged by the Vice-President ori in the absence of the Vice-President, Section 3. Secretary: The Secretary of the Authority shall be its recording officer and shall, when practicable, be present at all meetings of the members, and shall keep or cause to be kept a regular record of the proceedings of such meetings for preservation in a suitable book or books. The Secretary, together with the President, shall sign the minutes of the meetings at which they are present. The Secretary shall have charge oft the minute book and act as custodian of deeds and other important writings and papers oft the Authority and shall also perform such other duties as the office may have under the law or as may be conferred from time to time by the members. Minutes of the meetings of the Authority may be transcribed by a person other Section 4. Treasurer: The Treasurer shall have general charge of the funds and monies oft the Authority and shall be responsible for payment of the Authority's expenditures. Checks requested to be written from the Authority's account shall be signed by the Appointing Authority. The Treasurer shall keep or cause to be kept proper and accurate books of accounts and receipts and vouchers for disbursement made by or through him  proposed projects in each calendar year.  by any remaining officer.  than a member of the Authority, at the discretion of the Secretary.  Page 6of1 11    or her and shall prepare and submit such reports and statements of the financial condition oft the Authority as the members may from time to time prescribe, and shall perform such other duties as may devolve under the law or as may be conferred on him or her by the members of the Authority. The Treasurer shall be responsible for providing the Authority and the Town of Bath Council with quarterly financial reports. Section 5. President: The President shall devote himself to the affairs oft the Authority. Helshe shall at all times be subject to the supervision of the members of the Authority in matters relating to purposes oft the Authority, and shall perform such duties as may be determined by the members, as long as they are Section 6. Disbursement of Authority Funds ByTown of Bath: Thel President, Vice-President, Secretary, Treasurer shall have the authority to request a disbursement of funds by the Town of Bath from the Authority's account for any legal purpose. No disbursement shall be made unless it shall have been  associated with the affairs of the Authority.  authorized by two of these four officers.  ARTICLE VIII COMMITTEES  Section 1. Standing Committees: The Authority shall not be required to have any standing committees. Section 2. Creation of Standing or Ad-Hoc Committees: The President may propose standing committees, ad hoc committees or task forces as necessary. The creation of any such committees must be approved by a majority of the membership. Such ad hoc committees or task forces shall be dissolved at the completion of the specific purpose given the ad hoc committee or task force. Committee chairpersons may appoint members to their committee who are not members oft the Authority, subject to approval of the members of  the Authority.  ARTICLE IX FISCAL YEAR  Section 1. Fiscal Year: The fiscal year of the Authority shall commence on July 1stof each year and  continue through June 30thoft the following year.  Page 7of11    ARTICLEX AMENDMENTS to BY-LAWS  Section 1. Amendments: Amendments to these by-laws may be approved at any regular or special meeting of the Authority by a majority vote of the entire membership; provided however, that written notice, sent in accordance with Article IV, Section 5, describing with particularity the proposed amendment, must be given to each member at least ten (10) days prior to the regular or special meeting at which the proposed Section 2. Approval by Town of Bath Council: Following approval by the Board per Section 1, by-law changes shall be submitted to members oft the Town of Bath Council for their final approval. The approved version of the by-laws shall be executed and adopted by the Authority at the next meeting of  amendment will be considered.  the Board.  ARTICLE: XI INDEMNIFICATION  The. Authnontyshallndemnly any past, presentorfuture! President, officer, Boardi member ore employee of the Authorlyagainstclaims: ww-woppAreSS officer empe-mapuiaNwwswaANw costs amdepensesinoumaindebendngsuchdiaims. eniperahmnimen the Authority toj pay punitive damages or exemplary damages or damages arising from the commission of a crime by such individual, andi the. Authority shall not be required to provide for the defense ori indemnification: ofs such individualwhent the acto tor omission which caused the nwywastieresutolacualfaudacuaimaice, gross negligence orv wilfulmisconduct ofsuchindvidual, ori int the event of a claim againsts suchi individuall byt the State of West Virginia, the Appointing Authority or the Authority. The determination as to whether an individual's conduct fallsv within any oft the above exceptions shalll be made! by the Appointing Authority and  the. Authority, in consultation with the West Virginia Attorney General.  Page 8of11    ARTICLE XII  CONTRIBUTIONS TO AUTHORITY  Contributions may be made to the Authority from time to time by the County or the Appointing Authority or by any persons, firms or corporations which shall desire to do sO. All such funds and all other funds received by the Authority shall be deposited in such bank or banks as the Authority may direct and shall be withdrawn therefrom in such manner as the authority may direct. The Authority shall keep strict account of all its receipts and expenditures and shall each quarter make a quarterly report to the Town Council containing an itemized statement ofi its receipts and disbursements during the preceding quarter. Within sixty days after the end of each fiscal year, the Authority shall make an annual report containing ani itemized statement of its receipts and disbursements for the preceding year, and such annual report shall be published as a Classllegal advertisement in compliance with the provision of Article Three Chapter Fifty-Nine of this Code, and the publication area for such publication shall be Morgan County. The books, records and accounts of the authority shall be subject to audit and examination by the office oft the State Tax Commissioner of West Virginia and by any other proper public official or body in the manner provided by law. (W.Va. Codes 7-12-  12).  ARTICLE. XIII  DISTRIBUTION OF ASSETS UPON DISSOLUTION  Upon the dissolution of this Authority, any and all funds and assets held by the Authority, after the payment ofi its obligations, shall automatically pass to and become the property oft the Town of Bath, Morgan County, West Virginia, to be used for such public improvements and other public purposes as the  Town of Bath Council shall deem proper.  ARTICLE XIV BUDGET MATTERS  The Authority may discuss, but not approve a project or allocate any funding to a project, until a budget is presented to the Board and approved. Each separate Authority project shall have a discreet budget that must be approved by a majority vote at any Board meeting for which a quorum is present. The. Authority shall keep separate budgets for each project it undertakes, and may, to the extent it deems necessary, open separate bank accounts. Alli invoices and receipts paid by the Authority must be marked to include the specific project  Page 9 of11    for accounting purposes. The Authority shall keep a separate accounting of any Hotel-Motel tax money it receives from the Town of Bath and shall only disburse those funds for purposes permitted by the West  Virginia State Code, Chapter 7, Article 18.  Adopted by Bath Development Authority: Adopted by Appointing Authority  November 2 2022 December 20, 2022  Page 10 of 10    Asof:12-20-2022  NBRTRELATED PROGRESS & EVENTS IN 2022  Date 10-20-21 January 2022 2-21-22  Responsible Org. DOH  Action  DOH provided formal NBRT Funding Agreement & Cover Letter Funding Agreement reviewed and signed by County Commission: and Approx. Budget is $1,966,000 ($1,841,000 Federal & $125,000 County) DOHa accepted the signed Supplemental Funding Agreement andi retumed document to County. This begins the DOH intemal reviews of the project and NPDES Permit Application full design package (w/drawings) received. Found  Morgan Resolution in support of project passed. Both, along with County match of  County $125,000 transmitted to DOH.  DOH  initiates the applications for required permits  July2022 DOH-HDR- major errors int the scope of Parcel 1A( (.e. Remediation work had! been  County eliminated) Force HDR  NBRT Task Reviewed HDRI Design in NPDES Permit and provided corrections directly to DOH-HDR- USACE 404 Permit submittal package reviewed. -i incorrect drawings again (ie. NBRT Task Commissioner Tuttle endorsed this submittal to DOH. Confirmed' that USACE  7-26-22 9-13-22 12-6-22 12-12-22 Earliest Est. Jan 2023 2023 2023  HDR. NPDES Application was preliminarily approved by WWDEP. Reviewed Corrected! HDR Drawings and found them acceptable. Provided specific new corrections to DOH, HDR & County based on the submitted drawings in USCE 404 Permit - sent e-mail tol DOH, HDR, etc. 404 Permit was last item to be completed prior to Contracts Admin preparing the  County Remediation work had been incorrectly defined)  Force  Design-Build: Solicitation  Expected Next Steps for NBRT Design/Build Solicitation  Jan 2023 DOH-HDR Update the final drawings that will bei ini the DOHI Design/Build Solicitation Jan-Feb DOH Contract Prepare the Design/Build Solicitation - advertise on Bid-x  USACE Approve the 404 Permit Application  Admin Admin  Bids; resolve financial/budget issues. Award Contract or Re-Scope  Mar-Apr DOH Contract Open  any  and Re-Bid  FRIENDS OF THE NBRT EVENTS AND PROGRESS-2022 (Estimated Events there may! have been more in 2022)  Responsible Org.  Action  Date Nov 2021 Apr-2022  FONBRT Event: Mulching around the trees on Parcel 3 FONBRT Make-it-Shine Trail bed clean-up North & South of Jimstown Rd  Tree Planting Event with Town Tree Board, WVI Div of Forestry Grant, Warm  Nov-2022 FONBRT Springs Watershed Assoc and Foxglove Garden Clubwith 27 participants  3    As 0f:12-20-2022  STREETSCAPE PROGRAM EVENTS IN 2022 & 2023  Date  Responsible Org.  Action  Teleconference with. Josh Vincent (DOH)advises how thel Phase' VF Project andi its design will proceed. AIITA Grant funds associated with design and construction of Projects. DOHY will noi longer fund design separately. The Town is to uset the 5G Used! 5GI Process. Advertised for Qualified Engineering Firms; Identified Best Qualified Firm, with Town Council approval; opened discussions with Best Qualified Obtained DOH approval that 5GI Process was followed; proceed with contract Town Finance Commitlee & Town Council agree to apply $63KOfARPATunds toward the required Cash Match for Design & Construction of PhaseV Agree oni thel basic Grants and Cash Match Budget for Phase VI Design &  1-11-22: DOH, Town, what was called Phase 4B willl bet useable for Phase' V. The Towni ist tos solicit and  Thrasher award as separate designlengineering: contract for Phase V( (and future) Streetscape  Process to obtain this Contract.  Jan-Mar 2022 4-7-22 April 2022  Town DOH Town Thrasher  Firm  award when appropriate  June: 2022 DOH, Town Finalized Scope of Project for Phase' VDesign work  Construction: Total  TAGrant $44.000 $471.997  Town Match $ 11,000 $106.999 $117.999  Total $55.000 $534,996 $589.996  Summer Town, DOH Desiqn Phase  2022 June 2022 8-3-22 8-29-22 Sep: 2022 Oct2022  Construction Phase $427.997 Grant and $12K Town Cash Match)  Submits formal TA Grant application for Phase VI Design ($60K Totall with $48K Signs ands sends DOH the Funding Agreement Letter, with Town Council Resolution and Cash Match Check for $11,000 for Phase VDesign work Signs andi returns the fully executed Phase VF Funding Agreement Sends Phase' VDesign package tol FHWA1 for Authorization to expend Funds Approved Phase' VI Design Package retured from FHWA- next stepi is at formal Expected formal "Notice to Proceed" Letter to Town & Thrasher. Task Order #11 for Town consolidates known changes in Phase VI Projed, discusses planned improvements with local residents & businesses & sends info to Thrasher Thrasher visits Townt to view & discuss updates needed to' "old" 30% drawings for Set the new baseline for Phase V. Identifies the timeline/schedule for the design, Conduct Preliminary Field Review (PFR) in-Town, agree and tabulate changes to DOH for reimbursement- - DOH reimburses Town in about 1-month agreed-to; invoice to Town for $25,000 with DOH reimbursement Similar to above for the complete Plans, Specs and Estimates (PS&E): submittal to reimbursement. Next stepy would be drafting a Construction Funding Agreement  Town Town DOH DOH  10-28-22 Town, Thrasher Signs Task Order Agreement (Contract) for Streetscape (& Other) Design work 11-30-22 FHWA, DOH "Notice to Proceed" with Design from DOH to Town and' Thrasher  DOH, Town, DOH Programs Office sets up Monthly Program Coordination Conference Call, last  Thrasher Wednesday of the! Month  NEXT STEPS PLANNED  Dec: 2022 Jan: 2023  DOH Town  Phase' V Design sent to Thracher  Jan 2023 Town, Thrasher Phase' V.  Jan 2023 Town, Thrasher design reviews (PFR, 90% & Complete) and Progress Payments with Town & DOH Feb: 2023 Thrasher, DOH, made, Thrasher submits $15,000 Invoice to Town (PFR Completion); Town submils  Town Town Town  Thrasher, DOH, Similart to above for the 90% Design Completion meeting, Cost Estimate; changes  TBD: 2023  TBD2023 Thrasher, DOH, DOH &T Town. Once approved by DOH, invoice to Towni for $15,000 with DOH  1    Asot.12-1E-2022  Rev acen Dashedline Fuaus Configuration Unresolvod  Streetscape Program Roadmap Planned Improvements  hase  for PhaseV  Wilkes St  US-522  ss Key. Completud 6F Phase: Planned for Phase V: Nots sers Scheduled:  Phases 12.34A  Seven nws Streedights ni Phasev Phasev now Streenights on! Mercer: St  Prelminary (04) Desion lor Soven Greense Planned for Phase V:  Scowa ADAConer for Phase VI  RaNB-as-3017 Dashediino- anyPhase t - Futsye Coniguraliont Unresolved  Streetscape Program Roadmap Improvements Witkes St  Planned  North Washington St  US-622  Key: Completed 85 Phase: Planned for PhaseV Not) yet Scheduled:  Phases1.2.34A  Sevenn new Streetighis in Phasel Phasey VI Sevonr Do#S Steotigns on Congress aUnion Streets  Sevenr new! Sueetighas on Alercor St Groensi Planned for Phase Vie  Sidewak ADAComer  2    As of: 12-20-2022  NBRT PARCEL 1B STORM WATERI MANAGEMENT SYSTEM DESIGN EVENTSIN2022  Date  Responsible Org.  Action  Chesapeake Bay Trust awards as $30,000 Green Streets, Green Jobs, Green Towns Grant for the Design ofa Storm Water Management System for Parcel ofthel Depot Lot as part of the W-DEP Voluntray Remediation Agreement Approvest the selection of Downstream Strategies, LLC for the design project Preliminary Design Review Completed; approval to proceed to next Task 3.0; Final Report for CBT Project, includes design drawings and cost estimates.  6-15-21 CBT, Town 1B oft the Train Depot Lot. This system would complete the planned remediation  (VRA)  10-12-21 1-10-22 3-31-22 6-23-22 7-31-22  Town  Town advertises for a contract for the Design  Nov-2021 Town Council based ont the formal source selection process used for bidder evaluation 12-28-21 Town, DS Contract Signed by Town and! Downstream Strategies, LLC  Town, DS Kick-off Meeting; Start of Design Task DS, Town Final Design and Contracling Package  DS, Town Completed 90% Design Review, with Material Cost Estimales DS, Town Includes basics needed to prepare Grant Applications ande eventual solicilation  for Construction Final Costs:  Town Cash Match $2,000 $6,499  CBT Grant  Volunteers 58,370  Oct-2022 Nov 2022 Jan 2022 Feb2 2022 Mar 2022  Town Town Town Town Town  Basic Design Contract $30,000 Surveys, LRS,WVDEP. In-Kind Contributions (Events & Volunleer Hours) DMQG grant request submitted  Total: $38,499 Next Steps  Research additional granis and sources for materials Submit CBT G3 grant application for $50,000 Prepare draft NPDES permit application and construction bid package  TOP LEVEL STORM WATER PLAN-DEPOT LOT PARCEL 1B  LL    4    Asof: 12-20-2022  REPORT OF BERKELEY SPRINGS STATE PARK PROJECTEVENTS IN: 2022  Date  Responsible Org. BSSP Town  Action  Completed funding agreement between BSSP Foundation & Town regarding Completed updated/corrected drawings including new Bridge (instead of Town Council reviews and signs DOH Funding Agreement and passes Resolution in support oft the project. Both along with Matching Funds from Approx. Total Project Budget is $476,000 ($380,800 Federal & $95,000 DOH accepted the signed formal Funding Agreement. Signed two MOAS forl both Bridges (Remove one bridge & replace one DOH working off some issues with FHWA & Advisory Council on Historic DOH working to complete consultation on Floodplaini impact. Morgan County  July 2021 Foundation- source of all Matching funds from BSSP Foundation  Nov 2021  Thrasher refurbished and reinstalled old bridge)  BSSP Town DOH  1-10-22 Foundation & BSSP Foundation are transmitted to DOH.  Foundation)  2-4-22 4-8-22  March 2022 WVSHPO bridge)  DOH, FHWA Project Package forwarded to FHWA for Approval to expend Grant Funds  July 2022 DOH, FHWA Preservation (ACHP)  7-19-22 DOH, FHWA and Thrasher working to complete analysis of potential floodplaini impact. Still August 2022 Thrasher, Thrasher preparing USACE (Corps of Engineers) 404 permit for DOH  awaiting FHWA approval  DOH  Mayor Merki signed the USACE paperwork (Aug 30) to establish Thrasher ast the Town's Agent to prepare and obtain the needed floodplain permit. The project is expected tol have minimal impact Thrasher updated and submitted finalization, submittal and USACE approval of the 404 Permit; this was due to Thrasher completed the USACE 404 Permit application andi resolved all the questions from USACE. Park Superintendent established as formal POC with  September 2022  &October Town, DOH, data toi the Morgan County coordinator on August 12h. County approved in  Thrasher September. Last item needed for completion of the contract package is  DOH by end of October, but was delayed to Dec.  December 2022 TBD Jan- Feb: 2023 TBD Feb- Mar 2023 TBD Apr- May 2023  Thrasher USACE. Package should now be ready to go to DOH Contract Admin for the  solicitation.  NEXT STEPS PLANNED  DOH DOH All  Prepare Solicitation package and advertise on Bidx System. Open Bids and evaluate bid prices compared to current cost estimate and budgets. POTENTIAL ISSUE: BIDS MAY EXCEED COST ESTIMATE AND BUDGETS. May be required to reduce scope and re-bid. Potential Start of Construction pending any Financial-Scope Resolutions  and Contract Award  5