TOWN OF BATH COUNCIL MEETING  Tuesday, December 21, 2021  1. CALLTO ORDER: @ 5:30pm by Mayor  2. ROLLCALL: Scott Merki (X) Susan Webster (X) Chris Chapman (X) Greg Forney (X) 3. REVIEW OF MINUTES: Minutes ofthe Regular Meeting of December 7,2021 were 4. PERSONS BEFORE COUNCIL: Town residents Doug Waugh, Peggy Miller, Janet. Knight and Sandy Vandemark were in attendance to request that the alley (see attached map) to which their properties are contiguous be sold to them. Process was described including the citizen's legal, survey, fair compensation and financial responsibilities. Recorder Webster explained that before the citizens expend time and resources the Council should indicate whether it agrees in principle with the : action. By Common Consent the Council agreed that ifthe citizens meet all described criteria and present such to the Council transfer oft the alley would be granted. The Mayor reported that residents of the north end of Wilkes Street have approached him with their dissatisfaction with the street's disrepair. Since the street is in the WV DOH system it was concurred that an aggressive campaign should be launched to convince the State to meet their responsibility in the matter. Itwas agreed that it would be advantageous to have a resident oft the street as the spearhead ofthe effort and that Councilman Chapman and Recorder Webster would contact possible volunteers and assist in the process. The Bath Planning Commission could be an 5. involved COMMUNICATIONS organization. FROM MAYOR: A letter of support for the Cacapon State Park Mountain Bike Trail System Federal grant application in the amount of MOTION: To authorize the Mayor to sign a letter of support for the Cacapon Park Mountain Bike Trail System Federal grant plisation-Wehate/Neher Carried. The Bath Holiday Schedule change for 2022 was presented and approved by ARPA Ad Hoc Committee Chairman Chapman presented the Committee's recommendation for expenditure ofthe first round ($131,000.00) of the Federal funds as discussed and concurred with the Finance Committee. Premium Pay in the amount of approximately $48,000.00 (see attached chart and sample employee clarification letter) was explained. The Streetscape Committee'si next project required matching funds of$61,000.00 will be provided. The remaining amount of approximately $22,000.00 will be received by the Town as partial compensation for covid 19 expenses. An application for the second round of granted funds in the MOTION: To approve the ARPA fund distribution as presented- Chapman/ackson-  Rose. Jackson (X) Beth Skinner (X) Rick Weber (X) Quorum present.  approved by Common Consent.  $3,500,000 was presented.  State  Common Consent.  amount of$119,000.00 will be submitted.  Carried.  1    COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY: Nextn meeting is Jan. 5, 2022. No report. 2. PARKS & REC: Next meeting is Jan. 19, 2022. No report. 3. PLANNING COMMISSION: Next meeting is Jan. 6, 2022. No report. 4. RAIL/TRAIL: The next meeting is Jan. 26, 2022. Pete  Brown has submitted the :  project progress report to the Town office (see attached). The Committee presented Downstream Strategies as their choice for the Storm Water Management Design Plan. This choice was presented, discussed and concurred by the Finance Committee at their MOTION: To approve the Streetscape Committee submission ofDownstream Strategies as the engineering company to design the Storm Water Management Plan 5. STREETSCAPE: Next meeting is Jan. 20, 2022. The Committee attended the Finance Committee meeting ofDec. 20 during which they explained their supportive recommendations on the Berkeley Springs State Park Project. This recommendation included acceptance of Resolution 2021-12-01 and the Funding Agreement (see MOTION: To approve Resolution 2021-12-01 as presented- Webster/Weber- Carried. The Berkeley Springs State Park Foundation has submitted the matching funds of $95,2000.00 to the Town. The Mayor has signed the Funding Agreement. 6. TRAIN DEPOT: Recorder Webster reported that the work schedule for the Haz Mat portion of the Depot Project is being worked out between the contractor, Safeco Services and the inspection company, Boggs Environmental. No delays are expected. 8. CLERK/RECORDER REPORT: Clerk Corrick presented the budget revisions (sèe attached) which have been reviewed by the Finance Committee with no objections. : MOTION: To approve the budget revision as presented- Webster/Weber- Carried. 9. FINANCE: Chairman Webster presented the following reviewed bills for approval: (A) Town ofBath $18,550.76- Motion to approve: Fomey/Weber-Camed. (B)] BSWW $52,305.66- Motion to approve: Forney/Weber- Carried.  meeting ofI December 20.  for the Depot lot- Webster/Weber- Carried.  attached). The Finance Committee concurred.  7. LANDMARK COMMISSION: No report at this time.  The next meeting is January 4, 2022 at 3:30.  Finance Committee work has been presented during related Committee reports. 10.TREE BOARD: The next meeting is January 19, 2022. Council woman Skinner presénted four members ofthis Board for reappointment to two year terms each, dates of whichare Jan. 1, 2022 through December 31, 2024. The members presented were as follows: Andy MOTION: To approve Andy Swaim, Kate Lehman, Lance Strait and John Bohrer to the Bath Tree Board for the term ofJan. 1,2022 to Dec. 31, 2024- Slimerlackson-Catried. Councilwoman Skinner's appointment coincides with her elected term on Council. 12.PUBLIC SAFETY: Chairwoman Jackson reported that the Chief of] Police plans to return  Swaim, Kate Lehman, Lance Strait and John Bohrer.  11.GRANT: No report at this time.  2    on limited and light duty. conducting employee eyaluations. 14. ORDINANCE: No report at this time.  13. PUBLIC WORKS: Chairman Weber reported that Crew Leader Rodney Steiner is  15. CEMETERY: Chairman Skinner reported that three hazardous trees were: removed from the Old English Cemetery. The bill for moving the cars to be able to do this work will be presented for payment when the towing company provides the Town with the, signed Hold Harmless Agreement and the ProofofInsurance as mutually agreed upon. Pete Brown and Tom Miller have consented to assist with providing cost estimates for the repair ofthe Greenway mausoleum. Both oft these volunteers have expertise in these matters. This cost estimate is needed for Town Attorney Richard Gay to include in his pleadings to the Morgan County Circuit Court to permit the Cemetery Committee to use Perpetual Care funds Chairman Skinner explained that a rule change by the WV Home Rule Board charges $2,000.00 to review applications to them. Skinner has contemplated applying for an exception to WV Code to enable the Town to sell a portion oft the Old English Cemetery to the neighboring property owners. She has apprised the adjoining property owners of this development and is waiting for their reply as to whether they are willing to pay the $2,000.00 16. WATER WORKS: Chairman Chapman reported that the low bid award winner of Phase IV WaterLine Replacement Project is Pro Contracting, Inc., with thel bid of$1,908.425.00. Thrasher Engineering has been chosen to do the design work for the 522 Water Line : Extension Project. This project is in conjunction with the Morgan County Commission:  for the much needed maintenance and repairs of the mausoleum.  with the knowledge that the exception may not be approved,  17.ADJOURN: By Common Consent.  Mayor  Recorder  Zrank  3    364 Fairfx $7  ?  Rers  25'  Bni Jay Kight  JP Vandlennaril  Sandy  6  : ( B 3 C   36  ClennMeller  Glemmiller EmpTy Lor  Doug wougli Emply Lot  SwR. Church st:    Couneil flembers Cliabetly Shimer 3Rick 9eber Clris Chapman Rose Jackson @reg Jfornep  lapor Scott lerki Recorber Susan 3. ebster  BEIKLE  1776,  Comon of Datly  271 ilkes Street, Berkeley Springs, 39925411 Oljone 304-258-1102 fax 304-258-2638  December 21, 2021 Philadelphia Regional Office Ms. Tracey Rowan, Robert N.C. Nix Federal Building 900 Market Street, Room 602 Philadelphia, PA 19107  RE: Cacapon State Park Mountain Bike Trail System  Economic Development Administration Competitive Tourism Grant  Dear Ms. Rowan,  Iam writing on behalf oft the Town ofBath. The Town of] Bath lends its full support to the West Virginia Division ofNatural Resources' Federal EDA Travel, Tourism, and Outdoor Recreation; Competitive Tourism application in the amount of$ $3,500,000 for the Cacapon State Park Mountain Bike Trail System. We feel this project directly aligns with the EDA's tourism investment priorities for projects that are focused on new infrastructure or expanded infrastructure, projects with a multi-state focus or national focus, and projects in regions most adversely affected by damage to the travel, tourism, These funds will be used to design and construct an additional 34.5: miles ofmountain bike trails at Cacapon State Park to become a regional mountain bike destination. By leveraging the existing assets at Cacapon State Park, the intended long-term goal for the project is for Cacapon State Park to become an International Mountain Biking Association (IMBA) Ride Center. The new trail system will include a diverse trail network with a variety of difficultly levels and design features that will appeal tol large group of riders. Mountain bike trail systems have a proven history ofbolstering economic activity, creating, and supporting quality jobs, and strengthening regional tourism. Due to the park's strategic location, this project will help the region recover from the coronavirus  and outdoor recreation sectors from the coronavirus pandemic.  pandemic and create a more: resilient and empowered community.  Respectfully submitted, Scott Merki, Mayor  Che ation's ODbest ealtly Spa  Since 1748    TOWN OF BATH AND BERKELEY SPRINGS WATER WORKS  Holidays Observed by the Town of Bath:  New Year Day Martin Luther King Jr. Day Presidents Day Good Friday Memorial Day WVI Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day  December 31, 2022 January 17, 2022 February 21, 2022 May 30, 2022 June 20, 2022 July 4, 2022 September 5, 2022 November 11, 2022 November 24,2022 December 26, 2022  Friday Monday Monday Friday Monday Friday Monday Monday Friday Thursday Monday  (Close at Noon) April 15, 2022  You have to work the day before and after to get holiday paid unless pre- If any observed day occurs on Saturday, the preceding Friday will be taken. If the holiday falls on Sunday, the following Monday will be taken.  approved by the Department Head.    flapor Srott lerki Recorber Susan 3. ebster  BEEKEL  Council Alembers. Elizabeth Skinmer 3Rick eber! Chris Clapman 3Rose Jackson Oreg ffornep  776  Coun of Datl  271 ilkes Street, erkeley Springs, 39999 25411 3phjone 304-258-1102 fax 304-258-2638  Mark Scoular West Virginia Division ofHighways Planning Division Building 5; Room 740 19001 Kanawha Blvd, East Charleston, WV25305  December 21,2021  Ref: Berkeley Springs State Park, State Project: 0333-BER/SP-1. 00 Funding Agreement  Mark,  This package contains the signed doçuments for the referenced Project. This should complete all required Sponsor actions at this time. In addition to the Signed Funding Agreement, the Town Council Resolution and the Check for the Matching Funds, Ia also included the signed current MOA regarding the historic preservation aspects ofthis Project. I1 realize that a Revision to that MOA will be prepared soon by DOH/SHPO toi include the newj prefabricated bridge. We accomplished the reviews of the Cost Estimate and the drawings as required by the Funding Agreement. The Cost Estimate was corrected and JeffG Gola (Thrasher) agreed to resolve other comments as needed. We appreciate the opportunity to see these final documents. That said,I would appreciate DOH attention to a couple of details regarding the solicitation for bids and the: 1. The wall repair bid item (Section 630) was not available to us inj prior reviews. It appears toj properly cover the Pay Item in terms of Square Feet of wall VS. the more traditional Linear Feet. It was prepared especially for this project. Please ensure that a copy is provided in the solicitation material, since it is otherwise unavailable to bidders. 2. The Sponsor (and Park Foundation) are providing almost all oft the funds available to them as required by DOH to begin the solicitation process. Once an award has been made and DOH has withheld the 13 percent Contingency,Iask that the excess funds be  funds situation that may occur after bid opening and award:  returned to the Sponsor in a timely fashion.  Please advise me if there are any additional issues preventing the award oft this contract.  Sincerely,  Scott Merki, Mayor Town ofl Bath, WV  he ation's OIbest Tealtl Spa  Since 1748    Town of Bath Resolution 2021-12-01  Whereas, the Town of Bath is an incorporated municipality in the State ofl West Whereas, the Town ofBath Council is in agreement that Federal Project: TAP- Therefore, Be it Resolved. that the Town of Bath Council authorizes the Mayor to enter into agreement with the WV Department fTransportation Division ofHighways for the purpose ofmaking improvements to the State Park within the Town ofBath.  Virginid, and;  2018(240)D (Construction) is in the best interest ofthe town and;  Adopted:  2021  Scott Merki, Mayor  Susan Webster, Recorder    Budget updates pending revisions.  Date  Account #  Description Private Liq. Club Misc Revenue Amusement Tax Business Lic. Bldg Permits Business Lic. Reim/Rebates Train & Education Group Health Ins Repair & Maint. Group Health Ins Repair & Maint.  Amount  New Balance  10/14/2021 133500000 10/14/20211 139900000 10/27/2021 130900000 10/27/2021 132500000 10/29/2021: 130300000 10/29/2021132600000 11/16/2021 132500000 11/16/2021 138100000 12/1/2021 170022100 12/1/2021 170022300 12//2021175010500 12//2021175021700 12/2021180010500 12//2021180021700  $( (1,500.00) $ 2,500.00 9 1,500.00 $ 2,000.00 $ (88.00) $ $ 88.00 $ 10,088.00 $ (500.00) $ $ 1,000.00 $ 11,088.00 $ (1,000.00) $ 7,000.00 $ 50.00 $ 2,050.00 $ (2,000.00) $ 24,000.00 $ 2,000.00 $ 7,000.00 $ (5,000.00) $ 7,000.00 $ 5,000.00 $ 15,000.00  12.00  Gas & Oil Severance $ 500.00 $ 1,500.00  Professional Service $ (50.00) $  550.00  Cross Ck  $