TOWN OF BATH COUNCILMEETING  March 5, 2024  1. Call to ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Elizabeth Skinner (X) Greg Schene (X) Rebeccal MacLeod (X) Mary Lynn Hickey (X) Tom Hall (A) Quorum present. 3. REVIEW OF MINUTES: Minutes oft the Regular Meeting ofFebruary 21,2024 5. COMMUNICATION FROMMAYOR: The Mayor made clear that the Town of Bath is not producing a food truck event. It appears that some vendors were given  were approved by Common Consent.  4. PERSONS BEFORE COUNCIL: None at this time.  that impression and were calling the Town office for information. The Community Garden group is meeting on March 12 at 2pm.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY (BDA): Next meeting is March 6. President. Lisa Stine was present to talk about the group's activities including new 2. PARKS & REC: The next meeting is March 20. Bath appointee Ashley Moss was in attendance to describe current activities including Biddy Buddy Basketball and field 4. RAIL/TRAIL (NBRT): The next meeting is February 28. Co-Chair Pete Brown has submitted the project progress report (attached) and was present for explanation. Councilwoman MacLeod expanded on the written report progress details regarding Parcel 1A landscaping and remediation ongoing plans and work. An event is being planned for this phase of the Depot lot development in conjunction with. Arbor Day. Bath has received the Draft Consent Order #10251 (attaehed) from the WV: DEP explaining in detail the violation that the Town has been charged with since Bath is the sponsoring agent for the Berkeley Springs State Park project. The Town has replied with a letter (attached) requesting a meeting with the WV DEP to better 5. STREETSCAPE: The progress report (attached) has been submitted by Co-Chair Pete Brown and was present with further details. The next meeting is March 21. 6. TRAIN DEPOT: The next meeting is March 21 at 4pm at Town Hall. Chairwoman Webster made it known that Jim Bailey has agreed to Co-Chair this committee. The committee is looking into grant and activity opportunities. An application for use of the Depot was submitted by the Morgan Arts Council, but was rescinded. 7. LANDMARK COMMISSION (HLC): Long time HLC volunteer Melissa Schod MOTION: To appoint Melissa Schod to the Bath Historic Landmark Commission-  website development.  preparations for the start of the Little League season.  3. PLANNING COMMISSION (PC): The next meeting is March 14.  understand the situation.  submitted an application to be appointed to this Board.  Schene/Skinner- Carried  1    HLC members plan to attend Certified Local Government training sponsored by the 8. CLERK/RECORDER REPORT: Clerk Corrick presented a request for revision to the Bath approved budget for FY 2024 with accompanying Resolution 2024-03-01 MOTION: To approve Resolution 2024-03-01- Webster/MacLeod The required poll vote was taken with the resolution passing unanimously. 9. FINANCE: Chairwoman Webster delivered the following bills for approval:  WV SHPO in April.  (attached) for approval.  (a) Town of Bath $26,867.57- Motion to approve: Webster/Schene (b) BSWW $25,472.14-Motion to approve: Webster/Skinner- Carried (c) Tree Board $5,600.00- Motion to approve: Webster/MacLeod- Carried (d) Streetscape $25,000.00- Motion to approve: Webster/Schene  Carried  Chairwoman Webster reminded all ofthe FY 2025 Budget Preparation schedule of 10. TREE BOARD: Councilwoman MacLeod described recent work ofthis Board in developing a three-year tree plan in Bath using the Tree Survey as guide, the Demonstration City Grant progress and the Baltimore Alley tree situation. 11. GRANT: The next meeting is March 11 at 4:30pm. Chairwoman Hickey has submitted the application for AARP Safe Street grant funding for two Streetscape street lighting poles at the Depot. WV SHPO grant opportunities for private property historic revitalization is also on the committee work agenda. 12.PUBLIC SAFETY: The next meeting is March 13. No report at this time. 13.CEMETERY: Chairwoman Skinner reported that the Foxglove Garden Club has requested the ability to use the historic yellow bricks that had been used on Fairfax Street to construct walk ways in the Town's historic German Cemetery. This request honors the MOTION: To approve the use oft the Fairfax Street yellow bricks by Foxglove Garden Club to create walkways in the historic German Cemetery- Skinner/Hall- Carried Establishing an arboretum on the five unused acres of Greenway Cemetery is being 14.PUBLIC WORKS: Next meeting is April 5. Chairwoman MacLeod reported that the committee is reviewing sidewalks for improvement prioritization. Curb repainting is being planned. There are additional repairs needed for the Freightliner. The cost of equipment repairs is onerous and assistance with budgeting is necessary. 15.ORDINANCE: The next meeting is March 14. Chairman Schene informed Council that the Committee is reviewing the BSWW's tariff in regard to rates, capacity fees and capital improvement fees for new construction or new customers. 16.BSWW: The next meeting is March 6. Chairman Hall reported that the main water line break experienced by BSWW last week was due to lack of communication from the construction crew of] Potomac Edison on Rt. 522. The BSWW was not notified nor onsite when this occurred. Employees of the company were commended for their hard work in getting the line repaired under difficult conditions. More service interruption is to be  meetings (attached).  requirements ofWV SHPO for using the bricks.  considered.  2    expected with the Rt. 522 bypass construction.  The Mayor, members of Council, BSWW Superintendent Mayhew, the Morgan County Commission and Warm Springs Public Service District met on this day to discuss the Rt. 522 Water Line Extension Project in hopes of answering questions and resolving misunderstandings. Chairman Hall expressed that he believed the clarifications were The BSWW is reviewing applications for employment for the office and distribution. 17.PUBLIC COMMENT: Councilwoman MacLeod thanked Councilman Schene forl his work on the Town budgeting. The Town has kept rates low for a long time and must consider making decisions to increase rates to keep up with current conditions.  helpful.  18.MOTION: TOADJOURN: Approved by Common Consent.  Attest:  Mayor Atemh  Recorder Slubsk  3    dep  west virginia department of environmental protection  Environmental Enforcement 601 57h Street SE Charleston, WV 25304  Harold D. Ward, Cabinet Secretary  dep.wv.gov  Telephone: (304)926-0470 Fax: (304)926-0488  February 22, 2024  Town ofBath Scott Merki, Mayor 271 Wilkes Street Berkeley Springs, WV25411 Dear Mayor Merki:  CERTIFIED RETURN! RECEIPT REQUESTED 7487 0090 0027 6573 6292 42  Enclosed is DRAFT CONSENT ORDER NUMBER 10251. This action is based upon the investigation and recommendation oft the West Virginia Department of] Environmental Protection's (WVDEP) Environmental Enforcement unit in response to the Town of Bath violating Chapter 22, Article 11 oft the WV State Code at Berkeley Springs State Park in Berkeley Springs, Morgan County, West Virginia. This Draft Consent Order is being offered  pursuant to West Virginia State Code 22-11-22(b).  Please review the terms and conditions of this Draft Consent Order and respond within ten (10) days ofyour receipt. Youi may accept these terms and conditions by signing and returning the original Consent Order to me at WVDEP, EE, 601 57th Street SE, Charleston, WV 25304. Ifyou wish to meet and discuss this administrative proceeding, respond tol DavidC. Simmons, Assistant Chief Inspector, at the above address or call (304) 926-0470. Should you request ai meeting, it will be scheduled within thirty (30) days ofyour receipt of the Draft Order,  ifpossible.  Upon conclusion of this proceeding and your reaching agreement with the WVDEP on a resolution oft the violation(s) contained in the Consent Order, the Consent Order will be subject to the public notice and comment requirements set forth in 47CSR1-7.1. This notice will identify the responsible party, the specific enforcement action to be taken, and the name and address where information on the proposed settlement can be obtained. The WVDEP will consider all comments received during the thirty (30) day comment period and the Consent Order may be subject to change. Should the proposed settlement be modified after the comment period, youl have the option of choosing not to enter into the Consent Order.  Pursuant to 47CSR1-6.2, there are provisions to reduce the proposed civil penalty assessment for good faith, cooperation with the Secretary, ability to pay a civil penalty and other factors deemed relevant. Should you desire to pursue these provisions, you should be prepared  Promoting a healthy environment.    Consent Order Transmittal  Page 2  toj present all necessary supportive information and/or documentation at the scheduled meeting. The WVDEP may request additional information at, or after, the scheduled meeting related to any ofthe factors considered in the penalty determination whether related toi increasing or decreasing the penalty. Also, 47CSR1-6.2 requires the recovery ofeconomic benefit derived from non-compliance. Therefore, you should be prepared toj provide all necessary information  and/or documentation to address this matter.  Failure to respond to this correspondence as required shall be considered as your refusal toj participate in this process. Should you decline toj participate, fail to reply, or fail to resolve the matter by consent, this offer will be withdrawn, and alternative enforcement action will be  pursued.  Sincerely,  Brad Wright B1A4 Chief Inspector  Enclosure  cc: Harold D. Ward, Cabinet Secretary, WVDEP (via e-mail) Scott G. Mandirola, Deputy Secretary for External Affairs, WVDEP (via e-mail) Jeremy W. Bandy, Director, DWWM (via e-mail) Yogesh Patel, Assistant Director, DWWM/Permits (via e-mail) David C. Simmons, Assistant Chief Inspector, EE (via e-mail) Laura McGee, Environmental Resources Program Manager, EE (via e-mail) Cindy Blugerman, Environmental Resources Specialist, EE (via e-mail) Amaris Elliott, Environmental Resources Associate, EE (via e-mail) Robin Dolly, Environmental Inspector Supervisor, EE/WW (via e-mail) Katelyn Crispino, Environmental Inspector, EE/WW (via e-mail) Shyrel Moellendick, MSSS, EE (via e-mail) Allison Gieda, US EPA, Region III (via e-mail)    dep  west virginia department of environmenta protection  Harold) D. Ward, Cabinet Secretary  Division of Water and' Wastel Management 6015 57th Street SE Charleston, WV 25304 Phone: (304)926-0470 Fax: (304).926-0488  dep.wv.gov  CONSENT ORDER ISSUED UNDER THE WATER POLLUTION CONTROL. ACT WEST VIRGINIA CODE CHAPTER: 22, ARTICLE11  iBe 3143  To: The Town of] Bath Scott Merki, Mayor 271 Wilkes Street Berkeley Springs, WV25411  Date: February 22, 2024 Order No: 10251  INTRODUCTION  This Consent Orderi is issued by the Director of the Division of Water and Waste Management (hereinafter "Director"), under the authority of West Virginia Code 22-11-1 et seq.  tot the' Town of] Bath.  FINDINGS OF FACT  In support of this Order, the Director hereby finds the following:  1. The Town of Bath conducted aj project to repair a stone wall in Warm Springs Run, located in Berkeley Springs State Park, Morgan County, West Virginia. On January 20, 2023, the United States Army Corps of Engineers (USACE) authorized the Town of] Bath to conduct the project under the Nationwide Permit (LRP-2022-0544). 2. On October 27, 2023, West Virginia Department of Environmental Protection (WVDEP) personnel conducted an inspection of the site ini response to a complaint. During the inspection, WVDEP personnel noted that the project work area was not dry, and the water in the work area was not being pumped out to a dewatering device. Furthermore, compost filter sock was not being properly utilized for erosion and: sediment control, contrary to the requirement outlined in the aforementioned USACE authorization. In a. 47CSR2 Section 3.2.a- The Town ofl Bath caused conditions not allowable by creating distinctly visible settleable solids in waters oft the State. Specifically, sediment from the project was allowed to escape the barrier which had been  addition, the following violations were observed and documented:  Promoting a healthy environment.    Consent Order Page2  erected to redirect Warm Springs Run around the work area. At the end of the temporary concrete barrier was an opening which allowed sediment from the b. 47CSR11 Section 2.2.a- The Town of] Bath failed toj provide immediate notification ofthe discharge of pollutants into waters of the State. Specifically, the Town of] Bath failed to report the sediment spill into Warm Springs Run. Asa ai result oft the aforementioned violations, Notice ofViolation (NOV)No. W23-33-  work area to flow into Warm Springs Run.  062-KEC was issued to the Town ofl Bath.  ORDER FOR COMPLIANCE  Now, therefore, in accordance with West Virginia State Code 22-11-1 et seq.,i it is hereby 1. The Town of] Bath shall immediately take all measures to initiate compliance with all 2. Within thirty (30) days of the effective date of this Order, The Town of] Bath shall submit for approval aj proposed plan of corrective action and schedule, outlining action items and completion dates for how and when The Town of Bath will achieve compliance with all pertinent laws and rules. The plan of corrective action shall make reference to Order No.  agreed between the parties, and ORDERED by the Director:  pertinent laws and rules.  10251. The plan of corrective action shall be submitted to:  ChiefI Inspector WVDEP 601 57th Street SE Charleston, WV 25304  Environmental Enforcement- Mail Code #031328  Upon approval, the plan of corrective action and schedule shall be incorporated into and become part ofthis Order, asi iffully set forth herein. Failure to submit an approvable plan of corrective action and schedule or failure to adhere to the approved schedulei is a 3. Because of The Town of Bath's violations, The Town ofBath shall be assessed a civil administrative penalty of four thousand one hundred dollars ($4,100) to bej paid to the West Virginia Department of Environmental Protection for deposit in the Water Quality Management Fund within thirty (30) days oft the effective date oft this Order. Payments made pursuant to this paragraph are not tax-deductible for purposes of State or federal law. Payment shall include a reference to the Order No. and shall be mailed to:  violation ofthis Order.  ChiefInspector WV-DEP 601 57th Street SE Charleston, WV 25304  Environmental Enforcement - Mail Code #031328    Consent Order Page3  OTHER PROVISIONS  1. The Town of Bath hereby waives its right to appeal this Order under the provisions of West Virginia State Code 22-11-21. Under this Order, The Town of Bath agrees to take all actions required by the terms and conditions of this Order and consents to and will not contest the Director's jurisdiction regarding this Order. However, The Town of Bath does not admit to any factual and legal determinations made by the Director and reserves all rights and defenses available regarding liability or responsibility in any proceedings regarding The Town of] Bath other than proceedings, administrative or civil, to enforce 2. The Director reserves the right to take further action if compliance with the terms and conditions of this Order does not adequately address the violations noted! herein and reserves all rights and defenses which he may have pursuant to any legal authority, as well as the right to raise, as al basis for supporting such legal authority or defenses, facts 3. Ifany event occurs which causes delay in the achievement of the requirements of this Order, The Town ofl Bath shall have the burden of proving that the delay was caused by circumstances beyond its reasonable control which could not have been overcome by due diligence (i.e., force majeure). Force majeure shall not include delays caused or contributed to by the lack of sufficient funding. Within three (3) working days after The Town of Bath becomes aware of such a delay, notification shall be provided to the Director/Chiefimspector and The Town of Bath shall, within ten (10) working days of initial notification, submit a detailed written explanation of the anticipated length and cause oft the delay, the measures taken and/or to be taken to prevent or minimize the delay, and a timetable by which The Town ofl Bath intends to implement these measures. Ift the Director agrees that the delay has been or will be caused by circumstances beyond the reasonable control of7 The Town of Bath (i.e., force majeure), the time for performance hereunder shall be extended for aj period oftime equal to the delay resulting from such circumstances. Ai force majeure amendment granted by the Director shall be considered a binding extension of this Order and oft the requirements herein. The determination oft the Director shall be final and not subject to appeal.  this Order.  other than those contained in the Findings of Fact.  4. Compliance with the terms and conditions of this Order shall not in any way be construed as relieving The Town of Bath of the obligation to comply with any applicable law, permit, other order, or any other requirement otherwise applicable. Violations oft the terms and conditions of this Order may subject The Town of] Bath to additional penalties 5. The provisions ofthis Order are severable and should a court or board of competent jurisdiction declare any provisions to be invalid or unenforceable, all other provisions  and injunctive reliefin accordance with the applicable law.  shall remain in full force and effect.  6. This Order is binding on' The' Town of Bath, its successors and assigns.    Consent Order Page 4  7. This Order shall terminate upon The Town of] Bath's notification ofi full compliance with the "Order for Compliance"and verification ofthis notification by WVDEP.  Scott Merki, Mayor The Town ofl Bath Public Notice begin:  Date  Date  Public Notice end:  Date  Jeremy W. Bandy, Director Division of Water and Waste Management  Date    Town of Bath PhotoLog  101  10/27/23 at 11:01AM. Stream work.  Oct27,2023 at 11:03  10/27/23 at 11:03AM. Workers werei in stream with a barrier.    Town of Bath Photo Log  Oct27  118  10/27/23 at 11:18AM.. An opening at the end oft the barrier allowed sediment to flow into the stream.  Oct  10/27/23 at 11:19AM. Sediment was flowing from construction into Warm Springs Run.    Town of Bath Photol Log  0t27,2023 0:19  10/27/23 at 11:19AM. Sediment was discharging into Warm Springs Run.  Oct 20234120  10/27/23 at 11:20AM. Sediment was discharging into Warm Springs Run.    02/21/24  Page 1 of5  Base Penalty Calculation (pursuant to 47CSR1-6.1)  Responsible Party:  Town of] Bath  Receiving Stream: N/A  Warm Springs  Treatment System Design Maximum Flow: Treatment System Actual Average Flow: Enter FOF# and rate each finding as tol Potential and Extent. Potential for Factor 2a 2b  MGD MGD FOF#  (if known)  1) Harm Factor Range Amount ofl Pollutant a) Released c) Sensitivity ofthe Environment d) Length ofTime Effects thereon  1 1  Ito3  b) Toxicity ofl Pollutant Oto3 1 0  Oto3 1 0 1to3 1 1  e) Actual Exposure and Oto3 1 0  Average Potential for Harm 1 0.4 No No No No No No No No No No No  Factor Extent of Deviation Factor Range Degree ofl Non- Compliance Potential for Harm Factors: 1)d-Length of Time ofViolation  2)  Factor  1to3 3 3  I)c-Sensitivity ofi thel Environment Potentially. Affected (01 for' "dead" stream) 1)e- - Actual Human/Environmental Exposure and Resulting Effects thereon  Examples/Guidance:  Note: Rate as 11 for Minor. 21 for Moderate and 3 for Major. Rate as Oifit does not apply. standard by <= 100%. or report doesn't contain some minor information.  Minor: = exceedance of permit limit by <=40% for Avg. Monthly or <=100% for Daily Max.. exceed numeric WQ Moderate = exceedance of permit limit by > 41% and <= 300% for Avg. Monthly, > 101% and <= 600% for Daily Max.. exceed numeric' WQ standard by > 101% and <= of 600% or report doesn't fully address intended Major = exceedance of permit limit by >= 301% for Avg. Monthly, >= 601% for Daily Max.. exceed numeric' WQ standard by >= 601%, failure to submit a report. failure to obtain a permit. failure to report a spill, etc. Note that  subject matter.  afacility in SNC should be rated as major for length of time and degree of non-compliance.  Narrative WQ standard violations case-by-case.    Page 2of5  Continue rating Findings ofFacts (FOF) here, ifnecessary. Otherwise, continue on Page: 3.  Potential for Factor 1) Harm Factor Range Amount of Pollutant 1to3 b) Toxicity ofl Pollutant Oto3 Sensitivity oft the c) Environment d) Length of Time Actual Exposure and Oto3 e) Effects thereon  FOF#  a) Released  Oto3 1to3  Average Potential for Harm No No No No No No No No No No No No No  Factor Extent of 2) Deviation Factor Range Degree ofl Non- Compliance  Factor 1to3    Page 3 of5  Extent of Deviation from Requirement  Major  Moderate  Minor  Potential for Major Harm to Moderate Human Health Minor  $8,000to $6,000 to $8,000 $5,000 to $6,000 $4,000to $3,000 to $4,000 $2,000 to $3,000 $1,500to $1,000 to $1,500 Up to $1,000 Deviation Penalty Factor Base Penalty  Potential for Extent of Harm Minor Minor FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE  Multiple  FOF # 2a 2b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0  Major Major FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE FALSE  $2,000 $1,700 FALSE FALSE FALSE  $2,000 $1,700 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,700  1 1 1 1  1 1  FALSE  1 1 1 1 1 1 1 1 1 1  FALSE FALSE FALSE  FALSE  TotalBase Penalty    Page 4 of5  Penalty Adjustment F'actors (pursuant to 47CSR1-6.2)  Penalty Adjustment Factor  6.2.b.1-1 Degree of or absence of willfulness and/or negligence - 0% to 30% increase 6.2.b.4- - Previous complanehoncomplane history 0% to 100% increase - based upon review of last three (3) years - Warning E1 maximum of 5% each, N.O.V.-maximum of 10% each, previous Order = maximum of25% each - Consistent DMR violations for <1 year = 10%1 maximum, for>1 year but <2 years = 20% maximum, for> >2 years but <3 years = 30% maximum, for >3 years = 40 6.2.b.6-E Economic benefits derived by the responsible party (increase to be determined)  %1 maximum  6.2.b.7- - Public Interest (increase to be determined)  6.2.b.8 - Loss of enjoyment of the environment (increase to be determined) 62b9-Safinvetigtive costs (increase to be determined)  6.2.b.10 - Other factors  Size of Violator: 0-5 50% decrease  NOTE: This factor is not available to discharges that are causing a water quality violation. This factor does not apply to a commercial or industrial facility that employees or is part ofa  corporation that employees more than 100 individuals. Avg. Daily WW Discharge Flow(gpd)  % Reduction 50 40 30 20 10 5 0  <5,000 5,000 to 9,999 10,000 to 19,999 20,000 to 29,999 30,000 to 39,999 40,000 to 99,999 >100,000  Additional Other factors to be determined for increases or decreases on a  case-by-case basis.  Public Notice Costs (cost for newspaper advertisement) 6.2.b.2- Good Faith - 10% decrease to 10% increase 6.2.b.3-C Cooperation with the Secretary - 0%1 to 10% decrease 6.2.b.5-4 Ability toj pay a civil penalty 0%1 to 100% decrease    Page 50f5  Base Penalty Adjustments  (pursuant to 47CSR1-6.2)  Penalty Adjustment Factor 6.2.b.1- Willfulness and/or negligence- - 6.2.b.4-C Complancehonomplane history 6.2.b.6-1 Economic benefits- (flat monetary increase) 6.2.b.7-Public Interest- (flat monetary increase) 6.2.5.8-Loss of enjoyment - (flat monetary increase) 6.2.b.9-1 Investigative costs- (flat monetary increase) 6.2.b.10- - Other factors (size of violator) 6.2.b.10- - Additional Other Factors- Increase (flat monetary increase) 6.2.b.10-A Additional Other Factors Decrease (flat monetary decrease) Public Notice Costs (flat monetary increase) 6.2.b.2- Good Faith - Increase 6.2.b.2- Good Faith - Decrease 6.2.b.3- Cooperation with the Secretary 6.2.b.5- Ability to Pay  % Increase 10  %1 Decrease Base Penalty  $370 $0 $0 $0 $0 $0 $0 $0 $0 $30 $0 $0 $0 $0 $400 $4,100  $30  Penalty Adjustments Penalty=  Estimated Economic Benefit Monitoring & Reporting for compliance Permit Application or Modification Competitive. Advantage Estimated Economic Benefit  Estimated Benefit ($)  Item  Installation & Maintenance of Pollution Control Equipment O&M expenses and cost of equpmenumatenals needed  $0  Comments: Economic benefit not warranted.    flapor Srott Alerki Recorber Susan 3. ebster  BERKEL  CCountil flembers Jom all flary Lpnn Dirkep Reberra AlarZeob Oreg Sthene Elisabetly Skimer  Cown of Datl  271 9ilkes Street, Berkeley Springs, 325411 ljone 304-258-1102 fFax 304-258-2638  Mr. David C. Simmons Assistant ChiefInspector Environmental Enforcement 601 57th Street SE Charleston, WV25304  March 5, 2024  Subject: Meeting tol Discuss Draft Consent Order Number 10251  Mr. Simmons,  Your Draft Consent Order #10251 was received in the Town of] Bath on February 29, 2024. Upon review of the Draft, Irealized that the organizations and conditions surrounding the original Notice of Violation As ai result, I am requesting to meet with you and discuss the background and basis for thel Draft Consent Order. We will include actions proposed by the Town and WV-DOH toj prevent a similar situation from occurring ini the future. This should lead to a final Consent Order that will be acceptable to you, the WV- DOH and the Town of] Bath. Ij plan toi invite representatives oft the WV-DOH organization responsible for the Contact and the management oft the Construction in the Berkeley Springs State Park to that meeting. My point of contact for this meeting is Town Council member Ms. Rebecca MacLeod. She can be  (W23-33-062-KEC) do not seem to be recognized in the Draft.  reached at 304-268-5664 or at e-mail pendle35@gmal.com,  Respectfully;  Scott Merki, Mayor, Town of Bath, WV  Copy to: Ryan Arnold  West Virginia Division of Highways District Five Headquarters  RR50, Burlington, WV26710 yaneamold@wvgoy  1  Che 2ation's Olbest ealtly Spa  Sinte 1748    Status of Streetscape, State Park and NBRT Projects for Town Council  March 4, 2024 STREETSCAPE  Phase V: Design & Construction  Target for the Phase Vis a DOH solicitation in Bid-X for a May 7th Letting (bid opening). This can lead to Construction completion by the end of September; before. Apple Butter Festival. Files for Plans, Specifications and Estimate (PS&E) package of drawings and cost estimate were reviewed on Feb 29th - with comments sent to Thrasher. Finals went to DOH on March 4th. This begins the final DOH review and some routine edits and fixes may be needed. Thrasher invoiced ($25,000) for completion oft the 90% design milestone. Sharron sent the Invoice and payment check (copy) to DOH Charleston for reimbursement. For Streetscape Committee; provided Pricing Models for Streetscape Lighting installation and Streetscape Sidewalk installation outside oft the regular TA Grant process and DOH management. TA Grant tentative schedules: For the 2023 Phase VI Design Grant - Award notice is likely within next 30-45 days. Applications for 2024 TA Grants may open shortly after 2023 Award Notices. The Ifthe Town is awarded the Phase VI Design Grant, we are prepared to issue and fund our 20% share oft the Task Order to Thrasher. Town and DOH must agree and process a Funding Agreement for this design. Phase VI focus is on Congress St between North Washington & Mercer and up to the end of  Town is "expected" to apply for a TA Construction Grant for Phase VI.  Green Street. Current Status  Berkeley Springs State Park Project  Final DOH Inspection completed on Feb 6th. I have the 22 Item DOH Punch-List now. Received (2-29-24) DRAFT Consent Order #10251 from DEP regarding DEP Violation Notice dated 10-27-2023. Will discuss next steps at Town Council meeting 3-5-24 Update from a DOH Meeting on Feb: 28th. - This was sent to Task Force members Basically, Cenforce (the DOH's Central Force) will do the construction. package up the information and get with Tommy Collins (DOH Procurement) DOH needs to also work out the purchasing of the bridges and materials.. CenForce has 5 projects that are currently scheduled ahead of the NBRT project. Right now we don't have any issues with CenForce taking over. They've been great to work with. Karen. Allen will put together al list oft the expiration dates of the permits Further meetings include the bridge plans /trail plans / purchasing procedures DOH will review Parcel 1A and any remediation issues (there is great detail in the original solicitation DOH- Identify who would advertise and make purchases for CenForce Parcel 1B - Storm Water Management: See Landscaping Plan next page  NBRT  This looks like the "Official" path forward.  Gary Graley (DOH Engineering) will end up with between 4 and 6 bridge manufacturers and will Gary also has some pricing on the bridge manufacturers doing some abutment design if needed.  Plans appear to be for a 101 foot wide bridge The Budget will stay the same: $1.6 million.  package for the bids) Possible future Site Visit  Pete Brown 571-213-3687    Esistin  Dtorme Entry Puint Dy Crek Bed  rope  BERKELEY SPRINGS DEPOT NATURAL STORMWATER CONTROL FEATRURING RESTORATION LANDSCAPING Plansa aret being made for volunteer days Tree and Shrub Planting - April27 Indiangrass collection and Planting Early May Bed Plantings May! through June  Berkeley Springs Depot Design Species List  Common Name Cherokee Sedge Ohio Spiderwort Woods Sedge Robin's Fleabane Roundleaf Ragwort Virginia Mountain Mint Purple Lyreleaf Sage Purple Coneflower Purple Prairie Clover Calico Aster Fireworks Goldenrod  Quantity Common Name 291 Heath Aster 259 Little Bluestem 131 Grey Coneflower 129 Wild Quinine 121 Eastern Beebalm 99 Sweet Coneflower 91 Swamp Milkweed 80 Blue False Indigo 69 Mistflower 53 Prairie Dropseed  Quantity Common Name 24 Butterfly Weed 22 Blazing Star 20 Black Eyed Susan 19 Obedient Plant 18 Wild Bergamot 17 Stiff Goldenrod 17 Threadleaf Blue Star 15 Rattlesnake Master 13 Giant tronweed 14 White Penstemon 10 Bis Bluestem  Qantity 52 44 42 36 31 30 10. 10 9 7 6  Cape Breezeswitchgrass 50 Aromatic Aster  62 Virginia Curver's Root 13 Lavender Hyssop  Short-toothed Mnt Mint 56 Sweet Joe Pye Weed 11 North Wind Switchgrass 6  2    BUDGET PREPARATION SCHEDULE  FY YEAR 25  ALLMEETINGS WILL BE HELD AT TOWN HALL 271 WILKES STREET, BERKELEY SPRINGS, WV 25411  Hotel/Motel Application Review - March 01, 2024 - 1pm  Revenue and Public Works  March 11, 2024 - 1pm March 13, 2024 - 1pm  March 18, 2024 - 1pm  Public Safety Overview  9SE o    RESOLUTION 2024-03-01  At a regular session of the municipal council, held March 5, SUBJECT: The revision of the Levy Estimate (Budget) of the RESOLVED: That subject to approval of the State Auditor as ex officio chief inspector of public offices the municipal council does hereby direct the budget be revised PRIOR TO THE EXPENDITURE OR OBLIGATION OF FUNDS FOR WHICH NO APPROPRIATION OR INSUFFICIENT APPROPRIATION CURRENTLY EXISTS, as shown on budget revision number 2 for fund 1 a copy of which is entered as part of this record.  2024,the following order was made and entered:  Town of Bath. The following resolution was offered:  The adoption of the foregoing resolution having been moved by  pG  and duly seconded by Rooasca  the vote thereon was as follows:  Scott Merki Susan Webster  Yes)or No Yes Jor No  Elizabeth Skinner (Yes)or No Mary Lynn Hickey (Yesor No  Rebecca MacLeod Greg Schene Tom Hall  (Yes)or No (Yes or No Yes) or No  WHEREUPON, The Town of Bath, declared said resolution duly adopted, and it is therefore ADJUDGED and ORDERED that said resolution be, and the same is, hereby adopted as so stated above, and the Town Clerk Sharron Corrick is authorized to fix his signature on the attached "Request for Revision to Approved  Budget" to be sent to the State Auditor for approval.    LGSDE BR (Ver. 2020) Ora Ash, Deputy State Auditor West Virginla State Auditor's Office 200 West Main Street Clarksburg, WV 26301 Phone: 627-2415ext.5 5114 Fax: 304-340-5090 Email: Igs@wvsao.gov Person To Contact Regarding Request: Name: Sharron Corrick Phone: 304-258-1102 Fax: 304-258-3638 Email: Townotbatn@wyds.net: REVENUES: (net each acct.) ACCOUNT NUMBER 306 325 335 345  REQUEST FOR REVISION TO APPROVED BUDGET Subject to approval oft the state auditor, the governing body requests forv which no appropriation ori insufficient appropriation currently exists.  CONTROL NUMBER Fund: RevisionN Number. Pages:  that the budget be revised priort tot the expenditure or obligation off funds FiscalYear Ending. 2024  1 2 1of1  (S1 11-8-26a)  Town of Bath GOVERNMENT ENTITY 271 Wilkes St STREET ORPOBOX  Municipality Government Type  Berkeley Springs CITY  WV25411 ZIP CODE  REVISED AMOUNT  ACCOUNT DESCRIPTION 303 Gas and Oil Severance Tax Wine & Liquor Tax Licenses Private Liquor Club Fee Rents/Royalties and Concessions  PREVIOUSLY  APPROVED AMOUNT (INCREASE)  (DECREASE)  4,500 26,000 10,500 3,000] 9,600 68,562  3,200 6,600 400 24,400 13,850]  7,700 32,600 10,900 2,250 34,000 48,562  750 20,000  304 Excise Tax on Utilities NETI INCREASE/DECREASE) Revenues (ALL PAGES) EXPENDITURES: (net each account category)  Explanation for Account # 378, Municipal Specific: Explanation for Account # 369, Contributions from Other Funds:  (WV CODE 7-1-9) REVISED AMOUNT  ACCOUNT NUMBER 411 438  ACCOUNT DESCRIPTION Recorder's Office Elections 800 Garbage Department #N/A #NIA #N/A #N/A #N/A #N/A #N/A  PREVIOUSLY  APPROVED AMOUNT (INCREASE)  (DECREASE)  91 32 206,597  130 192,740  39  32 13,857  NET INCREASE/DECREASE) Expenditures APPROVED BY1 THE STATE AUDITOR  13,850  AUTHORIZED SIGNATURE OF ENTITY  APPROVAL DATE  BY: Deputy State Auditor, Local Government Services Division Date    AA $ $ I$A $A $  $A  AAA $ $ - $A $ $A $ $ $ A $A  S    3 S        $