TOWN OF BATH COUNCIL MEETING  Tuesday, December 6, 2022  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 (A) Greg Forney (A): Rick Weber (X) Quorum present. 3. REVIEW OF MINUTES: Minutes ofthe Regular Meeting ofNovember 22, 2022 4. PERSONS BEFORE COUNCIL: Bath Christmas Project President Hunter Clark presented Council with the Class of2022 Christmas Angels (attached). Appreciation was expressed for all who contribute and work for the Christmas season's decorating Recorder Webster noted that this day, December 6, is the 247th birthday ofthe 5. COMMUNICATION FROMI MAYOR: The Mayor acknowledged the leadership of Danielle Swope in organizing and producing another entertaining Winter Fest Parade. The Deck the Meters project is underway with most Town parking meters decorated. The Mountain State Cruisers requested dates for the Cruise-Ins" for 2023 (attached). MOTION: To accept the dates requested by the Mountain State Cruisers for Cruise-  were approved by Common Consent.  and event impressive success. establishment ofthe Town of Bath.  Ins' for 2023- Webster/Weber- Carried  COMMITTEE AND BOARD REPORTS  1. BATH DEVELOPMENT AUTHORITY (BDA): The next meeting will be December 7.BDA has presented two amendments to their bylaws for Council's consideration. The amendments will be on the December 20 agenda for possible Council action. 2. PARKS & REC: The next meeting is December 21 in the Courthouse. 3. PLANNING COMMISSION (PC): The: next meeting is. January 5, 2023. The Comprehensive Plan Assessment sub-committee continues to meet weekly. President Landon reported on a meeting with the Chief Operator of the BSWW and tour of the plant. They also met with a mental heath care professional concerning the 4. RAIL/TRAIL: The progress report has been submitted to the Town office (attached). 5. STREEISCAPB: 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 Owners Meeting was November 30. 7. LANDMARK COMMISSION (HLC): No report at this time. The next meeting is 8. CLERK/RECORDER REPORT: Clerk Corrick presented the FY 2023 Employee MOTION: To approve the 2023 Employee Holiday schedule as presented-  planned drug rehabilitation facility.  Town office (attached).  January 12 at 2pm.  Holiday schedule for Council's consideration (attached).  Chapman/Weber - Carried  1    9. FINANCE: Chairwoman Webster delivered the following bills for approval. (a) Town of Bath $9,084.88- Motion to approve: Weber/Chapman- Carried (b) BSWW $4,246.30 - Motion to approve: Weber/Chapman- Carried (c). Depot $251.40- Motion to approve: Weber/Chapman- Carried (d) NBRT $220.00- Motion to approve: Weber/Chapman- Carried 10. TREE BOARD: No report at this time. Next meeting is January 18 at 4pm. 12. PUBLIC SAFETY: No report at this time. The next meeting is Dec. 20 at 4:45pm. 13.CEMETERY: Noi report at this time. The next meeting is Dec. 13 at 4:30pm. 14. PUBLIC WORKS: Chairman Weber reported that the road salt the Town currently has may be sufficient for the season. The assistance of the Labor Crew with the success ofthe 15. ORDINANCE: Councilman Chapman reported that the Committee is working on updating the personnel manual. The next meeting is January 3 at 4:30pm. 16. BERKELEY SPRINGS WATER WORKS: Chairman Chapman reported that Phase IV Water Line Replacement Project is 43% completed. Materials received for the project is at 85%. Work is now being done on Whisner Street and Cornelius. The next: meeting is January  11. GRANT: No report at this time.  Winter Fest Parade was noted with gratitude.  9 at 4:30pm. Attest:  7MOTIONTOADIOURN Approved by Common Consent.  AMsbadhen  Recorder Sf Classre  2    Class of 2022  Business & Organizations  Bath. Auto Sales, Beddows Septic. Service, Berkeley Springs Brewing Company, Fleur de Lis. Cheese Shop, Country Traditions Emporium, Dexter'sL Laburgertory. Good Luck Stables, Hope Community Church, Lighthouse Latte, Offt the Hook by Ashley, Panorama, Skeeter's Auto  Body, The Bug Mani Individuals  Edl Braithwaite, Dosatellal Remnett, BII Clak, GWI Faston, Rick Frakiin, John Gasch, David Kems, Chris Mason, Kenny Mcfoy, Toddi Palmer, Terry Rea, Faith Simmons, Kristina Waugh    November 18,2022  Mayor Scott Merki Town ofBath Berkeley Springs, WV 25411  Dear Mayor:  The Mountain State Cruisers will be having their "Cruise-Ins" on the: first Friday of each month from May to September 2023. They will begin at 5:00 pm and end at 8:00 pm. We will be using the Berkeley Springs State Park for these events. We would like permission to block off Fairfax Street between US: 522 and Wilkes Street for these events. The dates for "Cruise-Ins" are: May 5. June 2, July 7, August 4, and  September 1, 2023.  In: addition, on Saturday June 17, 2023 we will be holding our annual Father's Day Car Show. In addition to blocking off the portion of Wilkes Street mentioned above we are requesting permission to create ai non parking area along US 522 South. This would extend from the traffic light to the entrance oft the swimming pool parking area (Country Thei time of the show is 10 am until 3 pm. We will need to start setting up at 6:30 on1 that Please advise us ofy your decision regarding this request by calling our president Gary "GW" Easton at 304-676-8142. Thank you: in advance for your consideration.  Inn entrance). day.  Sincergly,  -President  Mountain State Cruisers P.O.Box9 957 Berkeley Springs WV25411  aE    Hello BDA members  This 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 X 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, senti 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 ofe each month, at 5 p.m., at the Town of Bath Town Hall, or at a place and time otherwise designated for the meeting, Ifthe 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 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-LAWSOETHE BATH DEVELOPMENTAUTHORINY  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 int 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.  ARTICLEI II  PURPOSE AND COMPLIANCE WITH APPLICABLE LAWS  Section 1. General: The. Authority is not organized for profit but is organized exclusively for 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 of the Town of Bath, its citizens and its industrial complex; to encourage and assist through loans, investments or other business transactions in the locating of new business andi industry within the Town of Bath and to rehabilitate and assist existing businesses and industries ini 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 of 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, int 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 for the promotion, development and conduct of all kinds of business activity ini 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 etseq.  Page 1of11    Section 4. Liberal Construction of By-Laws: Iti is the purpose of the Authority to provide for promotion, development and advancement of the business prosperity and economic welfare of the Town of Bath, its citizens and itsi 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 III  MANAGEMENT AND MEMBERSHIP OF THE AUTHORITY  Section. 1. Membership: Management and control of the Authority, its property, operations, business and affairs, shall be vested,in 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 oft 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, ori 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 a term of one year, two years and three years respectively. Thereafter, members shall be appointed for a term of three years. An member may be reappointed for such additional term or terms as the Town of Bath Council may deem proper. Ifar 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 to 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 2 of11    Section 4. Compensation of Members No member of the Authority shall receive any compensation, whether ini 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. Codes7-12-5) Section 5. Conflict of Interest: No person shall be disqualified from serving as a member oft 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 ofi 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 oft 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 oft 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 to fill either pending or existing vacancies in the membership of the Authority, and such candidate shall either appear before the Appointing Authority at a regular meeting to answer questions and receive appointment, or, ini 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. Codes 7-12-3a)  requesting such appointment..  member be removed as a member and a successor member appointed.  ARTICLEIV  MEETINGS OF THE AUTHORITY MEMBERS  Page 3 of1 11    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 of 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 in 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 thei 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 Secretary.  discussed or transacted at the special meeting.  Virginia Open Meeting Law. (W.Va. Codes 6-9A.  Page 4 of1 11    ARTICLEV  CONFIDENTIALITYC OFE 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 to be discussed in Executive Session 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)  ARTICLE VI OFFICERS  Section 1. Officers: The officers oft the Authority shall bea 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 ofthe Authority shall be elected each year by the members ati 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-reasurer.  Section 3. Nominating Committee: A nominating committee of three (3) members shall be appointed by the President no later than sixty (60) days prior to 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 oft the. 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 or 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 oft 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 of 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 6of11    or her and shall prepare and submit such reports and statements of the financial condition of 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 oft 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 of the Authority. He/she shall at all times be subject to the supervision oft the members of the Authority in matters relating to purposes of 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 ByTownofBath:-The 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 oft the Authority.  authorized by two of these fouro 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 of the Authority, subject to approval of the members of  the Authority,  ARTICLEIX FISCAL YEAR  Section 1. Fiscal Year: The fiscal year oft the Authority shall commence on July 1Std of each year and  continue through June 30thoft the following year.  Page 7 of11    ARTICLEX AMENDMENTS to BY-LAWS  Section 1. Amendments: Amendments to these by-laws may be approved at any regular or special meeting oft 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 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  amendment will be considered.  the Board.  ARTICLE. XI INDEMNIFICATION  The. Authority shallindemnify: any past, present ori future President, officer, Board member or employee of the Authority againstclaims: arisingfromanactoro omission ofs such past, presentorfuture! President, officer crempboyewtnbewopedlachindwaumaaes: Suchindemnificationshallincludereasonable costs andexpenses incurredindefendingsuchclaims. Nothing contained! hereinshallrequiret the Authorityt topay punitive damages or exemplary damages or damages arising from the commission of a crime by such individual, and the. Authority shall not be required to provide fort the defense ori indemnification of such individualwhent the act or omissionwhicht caused the injurywast the resultofactualfraud, actualmalice, gross negligence or willtulmisconduct of suchi individual, ori in the event of a claim against suchi individuall byt the State of West Virginia, the Appointing Authority or the Authority. The determination as to whether an individual's conduct falls within any oft the above exceptions shall be made by the Appointing Authority and  the Authority, in consultation with the West' Virginia Attorney General.  Page 8 of11    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 an 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 areai 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 int 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 of 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 of10    Status of Streetscape, State Park and NBRT for Town Council  Tuesday December 6, 2022  Note: From now on; there will be (1) Monthly Update for the first Town Council Meeting each month. The  slow Project progress does not warrant (2) per month  STREETSCAPE  Phase V: Design Contract:  The Nov 30th periodic conference call with DOH showed some progress:  The Design package was approved by FHWA and was sent back to DOH The' "Notice to Proceed" letter was in draft this past week and is expected to be signed at Task Order Agreement (Contract) fort the Phase V Design was signed Task Order #1 (for the completion oft the existing 30% drawings for Phase V and for update of existing Mercer St lighting drawings tot the 30% level for Phase VI) is also signed. Will be sent to Thrasher upon receipt of the DOH "Notice to Proceed." We will be talking with effected Town merchants and residents Thrasher will be in-Town at some point to review the changes that need to be made to the  DOH this week (possibly)  The Town and Thrasher are ready to start the design work:  old 30% drawings  NBRT  Parcel 1A & Trail:  HDR finalized the latest (404-USACE) permit, sent it back tot the County. County sent it to USACE who received it on Nov 23rd. Currently under review at USACE Info from Mark Scoular: Once the 404 is complete, the final NEPA document is put together (which isb basically complete) and some additional comments are answered by HDR, the project will be  sent to Contract Administration.  Parcel 1B:  The Chesapeake Bay Trust G3 grant just opened for submittals. An information webinar about the grant is scheduled next week. Region 9 has agreed to look over our application.  Berkeley Springs State Park Grant & Project  Status:  Thrasher finalized the permit with USACE  Provided the formal Point of Contact for this permit - Park Superintendent Floodplain impact design and approvals funded and complete  Thrasher advised that everything should be complete with the USACE and that all questions  answered.  Pete Brown 571-213-3687    TOWN OF BATH AND BERKELEY SPRINGS WATER WORKS  Holidays Observed by the Town of Bath: 2023  New Year Day Martin Luther King Jr. Day Presidents Day Good Friday (Close at Noon) Memorial Day WVDay Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day  January 2, 2023 January 16, 2023 February 20, 2023 April 7, 2023 May 29,2 2023 June 20, 2023 July 4, 2023 September 4, 2023 November 10, 2023 November 23,2023 December 25, 2023  Monday Monday Monday Friday Monday Tuesday Tuesday Monday Friday Thursday Monday  You have to work the day before and after to get holiday paid unless pre- Ifany observed day occurs on Saturday, the preceding Friday will be taken. Ifi the holiday falls on Sunday, the following Monday will be taken.  approved by the Department Head.