state of west virginia, county of upshur, city of buckhannon, to wit

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state of west virginia, county of upshur, city of buckhannon, to wit
STATE OF WEST VIRGINIA, COUNTY OF UPSHUR, CITY OF BUCKHANNON, TO WIT:
A regular meeting of the Buckhannon City Council was held in Council Chambers at City Hall, 70
East Main Street on Thursday, June 16, 2016 at 7:00 pm with the following in attendance:
Mayor
City Recorder
Acting City Administrator
Council Member
Council Member
Council Member
Council Member
Council Member
City Attorney
BPD Chief
Water Plant Superintendent
Water Line Superintendent
Sanitary Superintendent
Sanitary Superintendent
Channel 3
Record Delta
Inter-Mountain
David McCauley
Richard Edwards
Amberle Jenkins
David Thomas
Ron Pugh
Mary Albaugh
Pamela Cuppari
Robbie Skinner
Scott McClure of McClure and Goad, PLLC
Matt Gregory
Tom Landis
Kelly Arnold
Tim Rock
Erasmo Rizo
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
The Mayor noting a quorum was present called the meeting to order at 7pm.

Public Hearing: Ordinance 2016-03 Sewer Rate Increase:
The Mayor opened the meeting with the advertised Public Hearing regarding Ordinance
2016-03 Sewer Rate Increase. There being nobody to speak on behalf or against Ordinance
2016-03. The Public Hearing was Closed at 7:03pm.
NOTICE OF PUBLIC HEARING OF THE COUNCIL OF THE CITY
OF BUCKHANNON AND OF PROPOSED ADOPTION OF ORDINANCE
BY THE COUNCIL OF THE CITY OF BUCKHANNON
TO:
All of the residents of the City of Buckhannon, and those residents living outside of the corporate
limits of Buckhannon who either now are, or may be subject to being
served with sanitary
sewage collection and disposal services provided by the Sanitary Board of the City of
Buckhannon
Pursuant to Chapter 8, Article 11, Section 4(a)(2)‚and further pursuant to Chapter 8, Article 13,
Section 13 of the West Virginia Code, notice is hereby given to all of the residents of the City of
Buckhannon, and those residents living outside of the corporate limits of Buckhannon who either now are,
or may be subject to being served with sanitary sewage collection and disposal services provided by the
Sanitary Board of the City of Buckhannon that the Council of the City of Buckhannon proposes the third
(3rd) and final reading and adoption of Ordinance No. 2016-003 of the City of Buckhannon, the subject
matter and general title, and abstract of which more particularly appear in said Ordinance as
“ORDINANCE NO. 2016-003 OF THE CITY OF BUCKHANNON, AN ORDINANCE: (1) AMENDING,
MODIFYING AND RE-ENACTING ARTICLE 917 OF THE CODIFIED ORDINANCES OF THE CITY OF
BUCKHANNON, UPSHUR COUNTY, WEST VIRGINIA, AND (2) SPECIFICALLY ESTABLISHING NEW
SANITARY SEWER RATES AND CHARGES FOR SANITARY SEWAGE COLLECTION AND
DISPOSAL SERVICES PROVIDED BY THE SANITARY BOARD OF THE CITY OF BUCKHANNON.”
The Council of the City of Buckhannon proposes the third (3rd) reading, passage and adoption of
Ordinance No. 2016-003 during the regularly scheduled City Council meeting to be held on Thursday,
June 16, 2016, at 7:00 o’clock pm, at Buckhannon’s City Hall located at 70 East Main Street in
Buckhannon, Upshur County, West Virginia. A reasonable number of copies of the proposed Ordinance
No. 2016-003 is on file both at City Hall and the Sanitary Board. Ordinance No. 2016-003 may be
inspected by any member of the public during the regular business hours of City Hall.
The proposed Ordinance No. 2016-003 generally provides for a 20% increase in sanitary sewage
collection and disposal rates and charges to customers of the Sanitary Board of the City of Buckhannon,
with the proposed increased rates to be implemented on or about August 2, 2016, all being more
particularly described and set forth within Ordinance No. 2016-003, as follows:
TYPE OF CUSTOMER/SERVICE
NEW RATE
Users of 0 - 2,000 gallons of water
$9.96 /1,000 gallons
Users of 2,000 - 14,000 gallons of water
$8.34 /1,000 gallons
Users of 14,000 - 50,000 gallons of water
$7.86 /1,000 gallons
Users of 50,000 - 200,000 gallons of water
$6.78 /1,000 gallons
Users of more than 200,000 gallons of water
$5.64 /1,000 gallons
Minimum bill
$19.92 per month (equivalent to 2,000
gallons per month with 5/8” meter)
Flat rate users (w/o metered water service)
(based upon 4,500 gallons)
$40.77 per month
Resale Customer(s)
$4.62 /1,000 gallons
Septage dumped at Sanitary Plant
$25.00/per load/ up to 1,000 gallon
Septage dumped at Sanitary Plant
Tap/service connection fee
$25.00/each additional 1,000 gallon
$600.00/per tap
****Special tap/extension fee
$2,000/per tap
*Brushy Fork extension surcharge fee
$1.50/1,000 gal.
*Brushy Fork minimum project surcharge fee
$3.00 per month
*Brushy Fork flat rate surcharge fee
$6.75 per month
Delayed payment penalty
10% on all accounts not paid in full by due
date in addition to the net current amount
unpaid. The delayed payment penalty is
not interest and shall be collected only once
for each bill when appropriate
**Security deposit
A deposit of $50.00 or 2/12th of the annual
usage of the applicant’s specific customer
class, i.e., residential or commercial,
whichever is greater
***Leak adjustment increment
$0.36 per 1,000 gallons is to be used when
a bill reflects unusual consumption which is
attributed to eligible leakage on the
customer’s side of meter. This rate shall be
applied to all consumption above the
customer’s historical average usage.
****Extraneous flow charge
Calculated based upon the amount of rainfall
received during the preceding month
multiplied by the area of the surface
contributing to the extraneous flow
discharge into the sanitary sewer system
*applicable only to customers in the Brushy Fork area
**to be required of all new customers effective September 19, 2010
***limited to two monthly billings
****established by and further defined/described pursuant to Ordinance No. 332 (Article 917 of the
Codified Ordinances)
All interested persons may appear at the June 16, 2016 meeting and be heard with respect to the
City Council’s proposed adoption of Ordinance No. 2016-003.
Amberle Jenkins, Assistant City Recorder
The Mayor introduced himself and welcomed the attendees for the meeting tonight.

Proclamation: Jimmy Kittle Day:
The Mayor called forward Mr. Jimmy Kittle for a proclamation. He proclaimed 06-17-16 as “Jimmy
Kittle Day”. He elaborated on Mr. Kittles service to our Country and Community. He also proclaimed
Mr. Kittle as an Ambassador and will have a plaque affixed to the “Ambassador’s Bench” at SYC.
MAYOR’S PROCLAMATION
Whereas, JAMES C. “JIMMY” KITTLE is a native son of our Buckhannon-Upshur community
who proudly served his country in the United States Army, returning home in 1947 following his decorated
service in World War II as a member of the Army Air Corps of Engineers having been engaged in France
& Germany; and,
Whereas, MR. KITTLE was one of the nine original members of the Honor Guard for Upshur
County whose membership’s mission has long been to provide full military honors at funerals of veterans
of our armed services while paying our nation’s tribute to their fallen comrades; and,
Whereas, the Upshur County Honor Guard has honored & celebrated the lives of nearly 4,000 of
our fallen military veterans representing all branches of our armed services during the past nearly 70
years; and,
Whereas, JIMMY KITTLE’S many decades of selfless & outstanding service & contributions to
our community represent the very finest example of our high quality of life enjoyed by our residents here;
and,
Whereas, our City is very proud of one of its most accomplished native sons who steadfastly
epitomizes loyalty, dedication, patriotism, & accomplishment while serving as an exceptional role model
for everyone throughout our B-U community, but particularly our youth; and,
Whereas, our City now desires to recognize JIMMY KITTLE for his many contributions to our
community by bestowing upon him our City’s Ambassador’s award.
NOW, THEREFORE, I, DAVID W. McCAULEY, MAYOR OF THE CITY OF BUCKHANNON,
pursuant to the power & authority duly vested in me, do hereby proclaim Friday, June 17, 2016 to be
“JIMMY KITTLE DAY” throughout our City of Buckhannon.
To further memorialize MR. KITTLE’S lifelong devotion to and affinity for his community, I further
now hereby bestow upon him, the Buckhannon Ambassador Award, thus being but our City’s fifth
recipient & honoree of this most prestigious honor & award. Appropriately, I direct the installation of a
permanent placard upon the “Ambassador’s Bench” on East Main Street in front of our City’s Stockert
Youth Center to permanently honor MR. KITTLE, bearing the inscription & legend-
- - “THE AMBASSADORS’ BENCH - HONORING THOSE WHO SELFLESSLY DEDICATED THEIR
LIVES TO THE SERVICE, PROMOTION, & ADVANCEMENT OF BUCKHANNON” - I further urge all of our residents to greet our City’s most honored native son, JIMMY KITTLE,
along with his family, friends & all members of our City government family during his most special day.
Given under my hand & the official seal of
The City of Buckhannon, this 16th day of June, 2016
David W. McCauley, Mayor

Proclamation: Upshur County Honor Guard:
The Mayor then called upon Mr. Larry Brown of the Upshur County Honor Guard for recognition
and a Proclamation. Mayor then elaborated on the Honor Guards past, current, and future members
and their services to our veteran’s community. The Mayor proclaims June 17, 2016 thru July 4,
2016 as Upshur County Honor Guard Days”. Mr. Brown accepted the Proclamation on behalf of the
veterans, members, including the past, present, and future Honor Guard members.
MAYOR’S PROCLAMATION
Whereas, THE HONOR GUARD FOR UPSHUR COUNTY has proudly served our BuckhannonUpshur community by providing among other things, full military honors at funerals of veterans of our
armed services while paying our nation’s tribute to their fallen comrades since 1947; and,
Whereas, the members of our Upshur County Honor Guard have honored & celebrated the lives
of nearly 4,000 of our fallen military veterans representing all branches of our armed services during the
past nearly 70 years; and,
Whereas, our UPSHUR COUNTY HONOR GUARD’S many decades of selfless & outstanding
service & contributions to our community represent the very finest example of our high quality of life
enjoyed by our residents here; and,
Whereas, our City is very proud of our HONOR GUARD whose members steadfastly epitomize
loyalty, dedication, patriotism, & accomplishment while serving as exceptional role models for everyone
throughout our B-U community, but particularly our youth; and,
Whereas, our City now desires to recognize the members, past & present, of our UPSHUR
COUNTY HONOR GUARD for their many contributions to our community by bestowing upon them our
City’s Ambassador’s award & hence becoming the very first organizational recipient of this award &
honor.
NOW, THEREFORE, I, DAVID W. McCAULEY, MAYOR OF THE CITY OF BUCKHANNON,
pursuant to the power & authority duly vested in me, do hereby proclaim the period beginning Friday,
June 17 through Monday, July 4, 2016 to be “HONOR GUARD DAYS” throughout our City of
Buckhannon.
To further memorialize our HONOR GUARD’S members many decades of devotion to & affinity
for our community, I further hereby bestow upon their entire membership, the Buckhannon Ambassador
Award, thus being but our City’s sixth recipient & honoree of this most prestigious honor & award.
Appropriately, I direct the installation of a permanent placard upon the “Ambassador’s Bench” on East
Main Street in front of our City’s Stockert Youth Center to permanently honor our UPSHUR COUNTY
HONOR GUARD members, which bench bears the inscription & legend- - “THE AMBASSADORS’ BENCH - HONORING THOSE WHO SELFLESSLY DEDICATED THEIR
LIVES TO THE SERVICE, PROMOTION, & ADVANCEMENT OF BUCKHANNON” - I further urge all of our residents to thank & greet all members of our City’s most honored
UPSHUR COUNTY HONOR GUARD, along with their families, friends, & all members of our City
government family during their most special days from June 17 through July 4, 2016.
Given under my hand & the official seal of
The City of Buckhannon, this 16th day of June, 2016
David W. McCauley, Mayor
Pledge of Allegiance: The Mayor then asked Mr. Brown to lead the audience in the Pledge of
Allegiance.
Moment of silent prayer or meditation: The Mayor then asked all to remember Mr. Grumbine, in
the moment of silent prayer or meditation and the victims of the Orlando, Florida shooting.
Department and Board Reports:
Chief Matthew Gregory, BPD:
 Chief Gregory reported on the planning and upcoming BBQ events to take place this
weekend. He was very pleased with the preparations by the emergency response
community and the VIP’S. He anticipates a great event.
 The Chief then reported on Officer Barcus and his academy class to began 06-13-16.
Officer Barcus is due back 07-25-16.
 The Chief discussed the DUI grant reimbursement request that is later on the
agenda.
 He then briefed and discussed the Homeland Security Grant application for vests.
This request is also included later in the agenda.
Mr. Thomas asked about excessive speeding at the City Park area. There are also reports of
excessive speeding throughout the community. Asks that the Chief give attention to that concern.
Kelly Arnold, Water Department Line Superintendent:
 Mr. Arnold reported 2 leaks. One at RT. 33 and the Old Weston Rd. The other caused
by the Gas company at Saratoga St. Both have been explored and resolved at this
time.
 Hydrant nozzles by a manufacturer have been inspected. There is a flaw in some of
the hydrant equipment according to manuf. Parts have been ordered to replace the
defective “ears”.
 Radio meter readers are still being installed. 154 in the past month. Most recent
were installed at Tenny’s Trailer Court.
 Mr. Arnold reported on the college student seasonal employment program. They are
being utilized in meter replacement, labor, inventory, and other areas as needed.
 He discussed the Adrian/Hodgesville pits and SCADA system. A punch list is being
completed to end that process.
 Mr. Arnold reports that the concrete concerns at the water plant basins are being
explored and considered.
 Mr. Arnold reports that some equipment for the WTP upgrade project has been
delayed by the manufacturer. Looking at a Sept. date of delivery for that particular.
Erasmo Rizo, Sanitary Department Superintendent:
 Mr. Rizzo reported on the Spring St. Project and its anticipated completion date.
 He reported on the extension requests to date. The old Weston rd. and Southern
states extensions in particular.
 He discussed the clarifier painting project.
 He reported the need for vehicle replacement in the fleet.
 He reported on Mr. Jason Tenny and Mr. Dave Currence completing and passing the
Class II operators testing. Mr. Rizzo also passed the examination.
Mayor McCauley recognized Mr. Tim Rock and his last City Council meeting before retirement. He
presented Mr. Rock with a Proclamation and clock/plaque for his 38 years of service to the City. Mr.
Rock began as a carpenter for the city, then Water Dept, then in the Sanitary Department.
MAYOR’S PROCLAMATION
Whereas, TIM ROCK has faithfully, honorably, & excellently served The City of Buckhannon for
more than 38 years having commenced his long tenure with our City in February of 1978, & serving most
recently as our Sanitary Sewer Superintendent, all with great distinction; and,
Whereas, MR. ROCK has supervised our Sanitary Sewer operations during many important
initiatives playing a primary role in establishing Buckhannon’s Sanitary Sewer service as one of the finest
utility operations in the entire State of West Virginia; and,
Whereas, TIM ROCK has announced his well-earned retirement from his long tenure with the
City of Buckhannon effective June 30, 2016; and,
Whereas, our City government now desires to formally recognize TIM ROCK’S lifelong
commitment to the advancement of our City’s sewer operations during his decades of service, & further to
express our City’s most heartfelt appreciation for his vision, leadership, & many substantial contributions
that have helped establish Buckhannon as one of the very finest & most outstanding communities in West
Virginia, while wishing him, his wife Cindy, & their three sons, Jared, Jason, & Justin- the very best during
TIM’s much deserved retirement.
NOW, THEREFORE, I, DAVID W. McCAULEY, MAYOR OF THE CITY COUNCIL, pursuant to
the power & authority duly vested in me, do hereby proclaim Friday, June 17, 2016 to be “TIM ROCK
DAY” throughout our City of Buckhannon.
I further urge all of our community’s residents to join me, TIM ROCK’s family, our City Council,
the members of our Sanitary Sewer Department, & all of our City’s employees in expressing their most
heartfelt thanks & appreciation for TIM ROCK’S most excellent service & in wishing him the very best in
his retirement.
Given under my hand & the official seal of
The City of Buckhannon, this 16th day of June, 2016
David W. McCauley, Mayor
Scott McClure, City Attorney:


Mr. McClure reported on the Ordinance Codification process to date. He and
Recorder Edwards are in the completion phase and proofing of the new ordinances.
It is anticipated to take 2 months to conclude this phase. More to report at next
council meeting.
Mr. McClure reported on status of the P/T officer Home Rule Ordinance. He is in the
completing phase of this ordinance. He stresses that this ordinance may be a role
model for other cities. He is being very cautions and careful with the rendering. He
will report back at a future meeting.
Amberle Jenkins, Acting City Administrator:
 Mrs. Jenkins reported on the revenue and expenditure reports ending May 31, 2016.
YTD revenues of $3,473,909.03.
 She explained the Bank Balance sheet in packets as an FYI memo.
 She pointed out the SYC Capital Campaign fund balance.
 She briefed the Council on the Municipal Stabilization Fund currently at
$550,446.62.
 She anticipates a coal tax budget revision for the July Council meeting.
 She will be coming to Council to submit a General Fund revision. She has asked for a
date to hold a special meeting with Council for consideration.
 She discussed the Municipal League meeting registration for the August 17-18
meeting. The city is also one of the “Host Cities” and they would like something to
distribute to attendees at the conference.
 She discussed the benefits of the automatic radio meters for admin and services.
 She wished a happy retirement for Mr. Rock.
Mrs. Cuppari inquired on the 4th of July purchases and remittance before the June 30 date. Mrs.
Jenkins explained that there should be no issues in the disbursements.
Correspondence:
 Suddenlink letter: Brief about new lineup changes effective 6/30/16. Mayor
explained that the city has no control over channel content.

Fire Civil Service: Mayor recognized Recorder Edwards to brief the Council on the
completion of the Fire Civil Service Commission process for the “list of eligible’s” for
hiring of a new Fire Fighter candidate. Recorder asked for a date to schedule City
Council interviews for the 3 top scoring candidates. The Council consented to July 5,
at 6pm in City Council chambers. The Recorder will have a selection of interview
questions prepared for the members.
June 10, 2016
Mayor and City Council Members,
The Buckhannon Fire Civil Service Commission has duly completed the Civil Service requirements the “List of
Eligible’s” for submittal to Council. As is required the Commission submits for your consideration the 3 top scoring
candidates. These candidates were certified and progressed per City and State rules and regulations.
th
The Commission began meeting on April 5 2016 to establish a schedule for the process. Advertising began April 8,
2016. The application submittal deadline date was April 22, 2016. The Commission reviewed the applications on
May 11, 2016. Those applications with required information were proceed onto the Competitive examinations. 3
applications were dismissed due to lack of information. 12 applicants were approved to continue to the agility
exam.
Practice agility exam was held May 23, 2016 at Buckhannon Fitness Center. The real agility examination was held
May 27, 2016 at Buckhannon Fitness Center. Upon completion and certification 7 candidates passed and were
advanced to the written examination.
The Written examination was held on June 8, 2016 at the Public Safety Complex conference room. Upon
completion and certification of scores three (3) candidates passed with a 70% or greater score.
Those candidates were advanced to the personal Commission interviews held June 10, 2016 at City Hall in the City
Council Chambers.
Upon completion of the Buckhannon Fire Civil Service requirements we are pleased to advance and certify the
following candidates for your consideration as a probationary Buckhannon Fire Fighters;
1.
2.
3.
Mr. Patrick Traxler
Mr. Aaron Cohen
Mr. William Bogle
With no further business at this time the Buckhannon Fire Civil Service Commission stands adjourned until needed
or required.
Chairman Robert Parker
Commissioner Alec Ross
Commissioner Harold Cunningham

Solicitor application – Southwestern Company: The Mayor believes that the
application has been withdrawn by this company.

Bicentennial Anniversary Celebration: The Mayor solicited citizen participants
for a 200th Bicentennial Celebration meeting to be held on June 27, 2016 at City Hall.
YOU ARE INVITED TO PARTICIPATE IN A COMMUNITY DIALOGUE ABOUT HOW BUCKHANNON
WILL CELEBRATE OUR BICENTENNIAL ANNIVERSARY.
YOU MAY ALREADY KNOW THAT BUCKHANNON WAS FIRST ESTABLISHED IN 1816.
ADDITIONALLY, THE “FRONTIER” OF BUCKHANNON WAS SETTLED BY SAMUEL & JOHN PRINGLE
BETWEEN 1764-67, OR JUST ABOUT 250 YEARS AGO.
CITY & COMMUNITY MEMBERS SEEK TO SOLICIT YOUR IDEAS AS TO HOW WE MARK &
CELEBRATE THESE HISTORICAL MILESTONES DURING THE LATTER HALF OF 2016.
WE WILL START SHARING OUR IDEAS & PLANNING ON MONDAY EVENING, JUNE 27, IN COUNCIL
CHAMBERS AT CITY HALL AT 70 EAST MAIN STREET AT 6:00 P.M. OUR FIRST DISCUSSION WILL
CONCLUDE BY 8:00 P.M. WE WILL BREAK INTO SMALL WORKING GROUPS & THEN SHARE OUR
IDEAS WITH THE LARGER GROUP.
YOUR OPINION MATTERS, & IS HIGHLY VALUED. PLEASE COME & BE A PART OF OUR
DISCUSSION!
REMEMBER, WE’RE KICKING OFF OUR CELEBRATION ON FRIDAY EVENING, JULY 1 DURING A
VERY SPECIAL FESTIVAL FRIDAY AT JAWBONE PARK & THE STOCKERT YOUTH CENTER
BEGINNING AT 4:00 P.M., WITH FIREWORKS BEGINNING ABOUT DUSK. PLEASE JOIN US!

Vacant Property Letter and Ordinance: The Mayor discussed issues that have
arisen concerning the letter Mr. Smith has distributed to the property owners on the
list. Mayor discussed the overwhelming amount of calls about Ordinance 394. He
suggests a “time out” on enforcement until Mr. Smith can gather the facts and
information regarding these properties. He explained that the letters sent (122)
have resolved some issues already. Discussion was had about dilapidated and
vacant houses. Discussion was had about the H.E.B and its role in some of the
properties discussed.
Audience member Dr. Tim Reese asked about the lack of enforcement and it being a bad precedent.
Particularly since it has taken this long to get an ordinance available to enforce. The council
recognized his concern.
The Mayor then asked that the Council members consent to allow himself and Mr. Smith to
resume the process as best they can for the time being. Without objection so ordered.
ORDINANCE NO. 394 OF THE CITY OF BUCKHANNON, AN ORDINANCE OF COUNCIL AMENDING,
MODIFYING AND REENACTING ORDINANCE NO. 367 OF THE CITY OF BUCKHANNON TO INCREASE
VACANT AND UNINHABITABLE BUILDING FEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BUCKHANNON,
UPSHUR COUNTY, WEST VIRGINIA, that Ordinance 367 of the Codified Ordinances of the City of Buckhannon, as
revised, is hereby AMENDED, MODIFIED AND RE-EANCTED to read as follows:
………………………………………………………………………………………………………
ARTICLE II – REGISTRATION OF UNINHABITABLE PROPERTY:
Section 13: An owner subject to property registration pursuant to this Article II, shall be assessed an annual fee in
accordance with the following schedule:
Less Than One Year-
No Fee
One Year-
$200.00
Two Years-
$400.00
Three Years-
$600.00
Four Years-
$800.00
Five Years-
$1600.00
Five Years or More-
$1600.00 plus $300.00 for each additional year
ARTICLE III – REGISTRATION OF VACANT BUILDINGS; REGISTRATION FEES; PROCEDURES FOR
ADMINSTRATION AND ENFORCEMENT:
Section 2: An owner subject to property registration pursuant to this Article III, shall be assessed an annual fee in
accordance with the following schedule:
Less Than One Year-
No Fee
One Year-
$200.00
Two Years-
$400.00
Three Years-
$600.00
Four Years-
$800.00
Five Years-
$1600.00
Five Years or More-
$1600.00 plus $300.00 for each additional year
............................................................................................................................................
BE IT FURTHER ORDAINED that Ordinance No. 367 of the Codified Ordinances of the City of Buckhannon, as
revised, except to the extent modified herein, shall remain as originally enacted and subsequently amended, if any.
BE IT FURTHER ORDAINED that Ordinance No. 394 of the Codified Ordinances of the City of Buckhannon, as
revised, shall be become effective thirty (30) days following the second (2nd) reading, passage and adoption by the
Council of the City of Buckhannon, i.e., October 3, 2015.
FIRST READING:
August 20, 2015
SECOND READING, PASSAGE & ADOPTION:
September 3, 2015
Richard W. Edwards, Mayor
CERTIFICATE OF ENACTMENT
I, Amberle Jenkins, Assistant City Recorder, do hereby certify that the foregoing Ordinance No. 394 was
lawfully ordained and enacted by the Council of the City of Buckhannon at a regular session of the said Council
assembled September 3, 2015.
Amberle Jenkins, Assistant City Recorder
Consent Agenda:
 Approval of Minutes June 2, 2016.
 Approval of the Building and Wiring Permits.
 Approval of the Payment of the Bills.
73364
73365
73366
73367
73368
73369
73370
73371
73372
73373
Submitted By
and Location
Contractor
Building Description
and Value
Total
Fees
Paid
SM Layfield/Bisco
64 E Main St
Colonial Motel
24 N Kanawha St
Wayne Hinkle
27 Marion St
Self
Re-Roof Metal over Shingle
$1,000.00
$11.00
M&C Construction
Gutterwork
$1,042.00
$15.00
Self
Replace Railing on deck
$999.00
$10.00
Grace LandMark Church
Mountaineer
Buildings LLC
Self
Pre-Fab 24’x36’ Building
for Fellowship Hall
Signage 2’x3’ on Building
Signage 2’x5’ on Existing
Pole
Re-Roof Metal over Shingle
$20,076.00
101 Randolph St
The Starving Artist
3 Market Square
Mark Cunningham
186 S Kanawha St
Charles Watts
22 Marion St
Mark Leigh
16 Island Ave
Curtis Wilkerson
58 S Kanawha St
Joe Rogers
64 S Florida St
Appalachian
Roofing
Self
Taylor Heating LLC
Self
Woody Home
Improvement
$360.00
$170.64
$100.00
$10.00
$11,200.00
$92.50
Re-Roof Metal over Shingle
$3,800.00
$41.80
Plumbing, Heating &
Drywall
7’x7’ Storage Building
$25,000.00
$225.00
$900.00
$10.00
Re-Roof Shingles
$6,400.00
$44.80
A
Zoning
Asbestos
Flood Zone
Elev. Certificate
Description of Work to be Performed
Electrical
Code
Permit Number
COUNCIL MEETING
Building, Electrical, Demolition Permits
June 16, 2016
X
X
X
X
73374
73375
73376
73377
73378
73379
73380
73381
73382
73383
73384
73385
Emmy Msaitif
39 W Lincoln St
Barbara Hinkle
77 W Lincoln St
Michael Smith
98 E Main St
Alan Talbott
65 Morton Ave
Thomas Akers
10 Thurman Ave
Gaylord Heavner
11 College Ave
WV Split Rail
16 Lumber St
Woody Home
Improvement
Nelson Johns
Brothers
Reliable Builders
Carrie Perry
37 Ritchie St
WVSF
Spring St (Lot 4&5)
Joseph Morrison
220 Camden Ave
Nate Kennedy
36 Central Ave
Bonnie Sell
6 Boggess St
Replace Vinyl Siding on
garage
Inside Renovations
$3,095.00
$34.04
$5,000.00
$55.00
Fire Repair Inside Renovations
$13,300.00
$200.00
$500.00
$146.30
$100.00
$20.00
X
Self
Electrical
Inside Painting
Roof Patch Repair
Painting, Siding, Replace
Garage Door
Hand Rails on Porch
Self
6ft Privacy Fence
$1,500.00
$15.00
X
Self
6ft Chainlink Fence
$40.00
$10.00
X
Dustin Wamsley
$600.00
Self
Changing Sevice Panel on
Pole
Re-Roof Metal over Shingle
$2,450.00
$26.95
Self
Windows & Siding
$2,000.00
$22.00
Appalachian
Roofing
Repairing Roof
$2,600.00
$28.60
Self
Self
B2
$300.00
$10.00
$344.00
$10.00
A
$100.00
X
Upon Motion [Pugh/Skinner] to Approve the Consent Agenda as presented. Motion passed
unanimously.
Strategic Issues for Discussion and Vote:

Approval 3rd and Final Reading Ordinance 2016-03 Sewer Rate Increase:
City Attorney read the Ordinance by caption. After discussion and upon,
Motion [Thomas/Pugh] to pass Ordinance 2016-03, Sewer Rate Increase on 3rd and final
reading. Motion passed unanimously.
ORDINANCE NO. 2016-003 OF THE CITY OF BUCKHANNON, AN ORDINANCE:
(1) AMENDING, MODIFYING AND RE-ENACTING ARTICLE 917 OF THE CODIFIED ORDINANCES OF
THE CITY OF BUCKHANNON, UPSHUR COUNTY, WEST VIRGINIA; AND (2) SPECIFICALLY
ESTABLISHING NEW SEWER RATES AND CHARGES FOR SANITARY SEWAGE COLLECTION AND
DISPOSAL SERVICES PROVIDED BY THE SANITARY BOARD OF THE CITY OF BUCKHANNON
WHEREAS, the current rates and charges of the Sanitary Board of the City of Buckhannon for
providing sanitary sewage collection and disposal services as were previously adopted by City
Ordinances No. 233, 291, 295, 307, 333 and 352 and currently reflected in Article 917 of the Codified
Ordinances are presently insufficient to maintain the high quality of sanitary sewage services offered by
the Board and City to the residents of Buckhannon and surrounding Upshur County; and,
WHEREAS, the Board and City have not sought a sanitary sewage rate increase since August of
2010; and,
WHEREAS, the Board and City’s cost of providing sanitary sewage collection and disposal
services has increased substantially since August of 2010; and,
WHEREAS, the City’s opportunities to improve and maintain its sanitary sewage operations are
substantially impeded given current revenues realized from the collection of current rates and charges;
and,
WHEREAS, legislative enactments now require utility companies to maintain a working capital
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fund equal to 1/8 of the operating revenues in surplus; and,
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WHEREAS, the City of Buckhannon does not maintain a 1/8 capital fund in accordance with
recently enacted state law and in order to comply with this requirement, the City of Buckhannon must
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enact the 20% increase in order to maintain a working capital fund equal to 1/8 of operating revenues;
and,
WHEREAS, in February of 2016, the City of Buckhannon Sanitary Board conducted a sewer rate
analysis study, which report evidencing this study was compiled by the accounting firm of Smith, Cochran
& Hicks of Charleston, West Virginia, said report dated June 30, 2015, which report has been tendered to
the PSC, Sanitary Board and City Council; and,
WHEREAS, this sewer rate analysis was presented and discussed by the Sanitary Board during
a regularly scheduled public meeting of the Board on the 17
th
day of March, 2016, the analysis
demonstrated the need for a 20% increase in existing sewer rates; and,
WHEREAS, the Sanitary Board formally resolved during its meeting on the 17
th
day of March,
2016 to recommend to the City Council that the City increase Buckhannon’s rates and charges for
sanitary sewage collection and disposal services pursuant to the aforesaid report, said proposed rate and
charge schedule being hereinafter described and set forth pursuant to this Ordinance; and,
st
WHEREAS, the City Council met at a regularly scheduled meeting on the 21 day of April, 2016
and were presented with the recommendation and rate study; and,
WHEREAS, the Council of the City of Buckhannon is authorized pursuant to the statutory
provisions of Chapter 8, Article 13, Section 13, and Chapter 24, Article 2, Section 4b of the West Virginia
Code, as amended, to impose by ordinance upon the users of sanitary sewage services, such reasonable
rates, fees and charges as shall be collected in the manner specified by ordinance; and,
WHEREAS, the Council of the City of Buckhannon deems the rates and charges proposed by the
Sanitary Board of the City of Buckhannon, and as set out in the aforesaid June 30, 2015 report of the
accounting firm of Smith, Cochran & Hicks, and further which rates and charges are described and set
forth pursuant to Section 917.01, “Rate and Charge Schedule” hereof, to be just and reasonable; and,
WHEREAS, the statutory provisions of Chapter 8, Article 11, Section 3, Paragraph (1), and
Chapter 8, Article 13, Section 13 of the West Virginia Code, as amended, specifically provide that the
collection of fees of any kind by a municipality shall be by ordinance; and,
WHEREAS, the Council of the City of Buckhannon desires in all respects to comply with the
statutes of the State of West Virginia and further with the administrative rules and regulations of the PSC
insofar as the establishment of new sanitary sewage rates and charges is concerned.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BUCKHANNON, AS FOLLOWS:
………………………………………………………………………………………………………
917.01. FINDINGS OF COUNCIL: The Council of the City of Buckhannon
hereby makes the following findings:
(1) The current rates and charges of the Sanitary Board of the City of Buckhannon for providing
sanitary sewage collection and disposal services as were previously adopted by City Ordinances No. 233,
291, 295, 307, 333 and 352 and currently reflected in Article 917 of the Codified Ordinances, are now
insufficient to maintain the high quality of sanitary sewage services offered by the Board and City to the
residents of Buckhannon and surrounding Upshur County;
(2) The Board and City have not sought a sanitary sewage rate increase since August of 2010;
(3) The Board and City’s cost of providing sanitary sewage collection and disposal services have
increased substantially since August of 2010;
(4) The Board and City’s opportunities to improve and maintain the City’s sanitary sewage
operations are substantially impeded given current revenues realized from collection of current rates and
charges;
(5) Following the Board and City’s request, the accounting firm of Smith Cochran & Hicks
conducted a rate study respecting Buckhannon’s sanitary sewage operations, with findings and
recommendations being set forth in the written report dated June 30, 2015;
st
(6) The report was presented during a, public meeting of the Buckhannon City Council on 21 day
of April, 2016;
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(7) The Board formally moved and resolved during the March 17 , 2016 meeting to recommend
to the City Council that the City accept all rate recommendations of Smith Cochran & Hicks, and that the
City increase its rates and charges for sanitary sewage collection and disposal services pursuant to the
proposed rate and charge schedule now described and set forth pursuant to Article II hereof;
(8) The Council of the City of Buckhannon is authorized pursuant to the statutory provisions of
Chapter 8, Article 13, Section 13, and Chapter 24, Article 2, Section 4b of the West Virginia Code, as
amended, to impose by ordinance upon the users of sanitary sewage services, such reasonable rates,
fees and charges as shall be collected in the manner specified in the ordinance;
(9) The Council of the City of Buckhannon deems all rates and charges proposed by the PSC and
recommended to be adopted by the Sanitary Board of the City of Buckhannon to be just and reasonable;
(10) The statutory provisions of Chapter 8, Article 11, Section 3, Subsection (1), and Chapter 8,
Article 13, Section 13 of the West Virginia Code, as amended, specifically provide that the collection of
fees of any kind by a municipality shall be by ordinance; and,
(11) The Council of the City of Buckhannon desires in all respects to comply with the statutes of
the State of West Virginia and the rules and regulations of the PSC insofar as the establishment of new
sanitary sewage rates and charges is concerned.
917.02. NEW RATE AND CHARGE SCHEDULE: The following rates and charges shall be paid
for sanitary sewage collection and disposal services offered by the Sanitary Board of the City of
Buckhannon, upon this Ordinance’s effectuation:
TYPE OF CUSTOMER/SERVICE
NEW RATE
Users of 0 - 2,000 gallons of water
$9.96 /1,000 gallons
Users of 2,000 - 14,000 gallons of water
$8.34 /1,000 gallons
Users of 14,000 - 50,000 gallons of water
$7.86 /1,000 gallons
Users of 50,000 - 200,000 gallons of water
$6.78 /1,000 gallons
Users of more than 200,000 gallons of water
$5.64 /1,000 gallons
Minimum bill
$19.92 per month (equivalent to 2,000
gallons per month with 5/8” meter)
Flat rate users (w/o metered water service)
(based upon 4,500 gallons)
$40.77 per month
Resale Customer(s)
$4.62 /1,000 gallons
Septage dumped at Sanitary Plant
$25.00/per load/ up to 1,000 gallon
Septage dumped at Sanitary Plant
Tap/service connection fee
$25.00/each additional 1,000 gallon
$600.00/per tap
****Special tap/extension fee
$2,000/per tap
*Brushy Fork extension surcharge fee
$1.50/1,000 gal.
*Brushy Fork minimum project surcharge fee
$3.00 per month
*Brushy Fork flat rate surcharge fee
$6.75 per month
Delayed payment penalty
10% on all accounts not paid in full by due
date in addition to the net current amount
unpaid. The delayed payment penalty is
not interest and shall be collected only once
for each bill when appropriate
**Security deposit
A deposit of $50.00 or 2/12th of the annual
usage of the applicant’s specific customer
class, i.e., residential or commercial,
whichever is greater
***Leak adjustment increment
$0.36 per 1,000 gallons is to be used when
a bill reflects unusual consumption which is
attributed to eligible leakage on the
customer’s side of meter. This rate shall be
applied to all consumption above the
customer’s historical average usage.
****Extraneous flow charge
Calculated based upon the amount of rainfall
received during the preceding month
multiplied by the area of the surface
contributing to the extraneous flow
discharge into the sanitary sewer system
*applicable only to customers in the Brushy Fork area
**to be required of all new customers effective September 19, 2010
***limited to two monthly billings
****established by and further defined/described pursuant to Ordinance No. 332
917.03. AUTHORITY OF MAYOR TO PREPARE AND FILE ANY AND ALL REASONABLE OR
NECESSARY APPLICATIONS, TARIFF MODIFICATIONS AND/OR OTHER DOCUMENTS WITH THE
WEST VIRGINIA PUBLIC SERVICE COMMISSION:
The Mayor of the City of Buckhannon is hereby expressly authorized to prepare and file, and/or
cause to be prepared and filed, any and all necessary applications, tariff modifications and/or other
documents with the West Virginia Public Service Commission, and generally to assure the City of
Buckhannon’s compliance with the West Virginia Public Service Commission’s rules and regulations
respecting sanitary sewer operations by a municipality. The provisions of Ordinances No. 233, 291, 295,
307, 333 and 352, currently reflected in Article 917 of the Codified Ordinances, and/or any other
ordinance provisions of the City of Buckhannon addressing sanitary sewage services as provided by the
City of Buckhannon or the Sanitary Board of the City of Buckhannon, are hereby expressly amended
pursuant to the provisions hereof.
917.04. PREVIOUS SANITARY SEWER SERVICE ORDINANCES:
Any and all
other provisions of Ordinances No. 233, 291, 295, 307, 333, 352 and/or any other ordinance provisions of
the City of Buckhannon addressing sanitary sewer services as provided by the City of Buckhannon or the
Sanitary Board of the City of Buckhannon, and not expressly amended pursuant to this Ordinance No.
2016-003, shall be deemed to remain in full force and legal effect, except for those rates, charges, and
ordinance provisions which are expressly amended hereby.
917.05. PUBLIC SERVICE COMMISSION AND SANITARY BOARD RULES AND
REGULATIONS:
This Ordinance is adopted by the City of Buckhannon with the express intention of complying with
the rules and regulations of the West Virginia Public Service Commission. Notwithstanding the
immediately aforestated intention, this Ordinance shall not prohibit the Sanitary Board of the City of
Buckhannon from establishing, applying and/or amending from time to time, the Board’s own rules and
regulations which are not inconsistent with PSC rules and regulations, which Board-established rules and
regulations are promulgated to facilitate the administration and operation of the City’s sanitary sewage
system.
917.06. SEVERABILITY: In the event that any provision(s) of this Ordinance is determined to be
unconstitutional or invalid by a court exercising competent jurisdiction, such determination shall not affect
the validity of this Ordinance as a whole or the provisions thereof which are not specifically held to be
unconstitutional or invalid other than that provision(s) which is specifically determined to be
unconstitutional or invalid.
917.07. EFFECTIVE DATE: Pursuant to Chapter 24, Article 2, Section 4b, Paragraph (b) of the
West Virginia Code, as amended, this Ordinance shall be deemed effective immediately following fourty
five (45) days from the third (3rd) reading, passage and adoption by the Council of the City of
Buckhannon, i.e., the 2
nd
day of August, 2016.
………………………………………………………………………………………………………
APPROVED AS TO FORM BY:
CITYATTORNEY/SEM
FIRST READING:
May 26, 2016
SECOND READING:
June 2, 2016
THIRD READING, PASSAGE & ADOPTION:
June 16, 2016
David McCauley, Mayor
CERTIFICATE OF ENACTMENT
I, Richard W. Edwards, City Recorder, do hereby certify that the foregoing Ordinance No. 2016003 was lawfully ordained and enacted by the Council of the City of Buckhannon at a regular session of
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the said Council assembled on 16 day of June, 2016.
Richard W. Edwards, City Recorder

First Reading Ordinance 2016-04 On Site Citation Ordinance Amended. Mr. McClure
read the ordinance and explained the reasoning. After discussion and upon,
Motion [Pugh/Albaugh] to pass Ordinance 2016-04 On Site Citations 1st reading as
presented. Motion passed unanimously.
ORDINANCE NO. 2016-04 OF THE CITY OF BUCKHANNON, AN ORDINANCE AMENDING, MODIFYING AND
RE-ENACTING ARTICLE 1711 OF THE CODIFIED ORDINANCES OF THE CITY OF BUCKHANNON RELATED
TO (1) PROPERTY NUISANCE ABATEMENT, (2) CREATION OF A SPECIAL PROPERTY TAX LIEN, AND (3) THE
ISSUANCE OF “ON-SITE” CITATIONS
WHEREAS, Article VI, Section 39(a) of the Constitution of West Virginia, which Section 39(a) was ratified on
November 3, 1936, captioned “Home Rule for Municipalities,” specifically provides that a municipality “through its
legally constituted authority, may pass all laws and ordinances relating to its municipal affairs: Provided, that any
such charter or amendment thereto, and any such law or ordinance so adopted, shall be invalid and void if
inconsistent or in conflict with this Constitution or the general laws of the State then in effect, or thereafter, from time
to time enacted”; and,
WHEREAS, in 2007, the West Virginia legislature enacted the Municipal Home Rule Pilot Program
embodied by the statutory provisions of Chapter 8, Article 1, Section 5a of the West Virginia Code; and,
WHEREAS, effective July 1, 2013, the West Virginia legislature amended the Municipal Home Rule Pilot
Program to expand the Program to authorize as many as 20 municipalities to participate in the expanded pilot
program until July 1, 2019; and,
WHEREAS, Chapter 8, Article 1, Section 5a, paragraph (f) of the West Virginia Code, as amended,
previously provided that “[o]n or before June 1, 2014, a ... municipality desiring to participate in the Municipal Home
Rule Pilot Program shall submit a written plan to the [Municipal Home Rule] board”; and,
WHEREAS, Chapter 8, Article 1, Section 5a, paragraph (g) of the West Virginia Code specifically provides
that “[p]rior to submitting its written plan to the board, the municipality shall: (1) Hold a public hearing on the written
plan; (2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement; (3) Make a
copy of the written plan available for public inspection at least thirty days prior to the public hearing; and (4) After the
public hearing, adopt an ordinance authorizing the municipality to submit a written plan to the Municipal Home Rule
Board after the proposed ordinance has been read two times.”; and,
WHEREAS, the Council of the City of Buckhannon previously authorized the preparation of a written Home
Rule Plan for the City of Buckhannon, a copy of which plan was appended to Ordinance No. 380 that was passed
and adopted by the Council on May 22, 2014 and further which plan is expressly made a part of this authorizing
Ordinance; and,
WHEREAS, the City of Buckhannon thereafter fully complied with all statutory provisions of Chapter 8,
Article 1, Section 5a, paragraph (g) of the West Virginia Code; and,
WHEREAS, on October 6, 2014, the City of Buckhannon was notified that its Home Rule application was
approved in all respects by the State of West Virginia’s Municipal Home Rule Board; and,
WHEREAS, the Legislature of the State of West Virginia during its regular 2015 session thereafter amended
the statutory provisions of Chapter 8-1-5a et seq. of the West Virginia Code, removing all previous requirements that
the State’s Municipal Home Rule Board must approve each Home Rule Plan ordinance prior to enactment, and
otherwise amending the process for enacting Home Rule ordinances in general, all effective June 12, 2015; and,
WHEREAS, the second “plank” of the City of Buckhannon’s previously approved Home Rule Plan
concerned “Property Nuisance Abatement, Special Property Tax Lien, and the issuance of “On Site” Citations”; and,
WHEREAS, the Council of the City of Buckhannon now desires to specifically and formally adopt the second
“plank” of the City’s Home Rule Plan as was previously approved by the State of West Virginia’s Municipal Home
Rule Board.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BUCKHANNON, AS FOLLOWS:
………………………………………………………………………………………………………
1711.01 - FINDINGS: The Council of the City of Buckhannon hereby makes the following findings:
(A) The City of Buckhannon was formally designated by the State of West Virginia’s Municipal Home Rule
Board as a “Home Rule” municipality on October 6, 2014;
(B) The second “plank” of the City of Buckhannon’s Home Rule plan concerned “Property Nuisance
Abatement, Special Property Tax Lien, and the issuance of ‘On Site’ Citations”;
(C) The City of Buckhannon as a “Home Rule” municipality remains committed to complying with all
statutory provisions of the Municipal Home Rule Pilot Program Act.
(D) The City of Buckhannon understands that pursuant to the amendments to the Act as effectuated by the
Legislature of the State of West Virginia to become effective June 12, 2015, and specifically pursuant to Chapter 8,
Article 1, Section 5a.(i) of the West Virginia Code that the City of Buckhannon shall not at any time pass or enact any
ordinance, act, resolution, rule or regulation pursuant to the Home Rule Act that is contrary to any of the following:
(1) environmental law;
(2) bidding on government construction and other contracts;
(3) the Freedom of Information Act;
(4) the Open Governmental Proceedings Act;
(5) wages for construction of public improvements;
(6) the provisions of Chapter 8, Article 1, Section 5a of the West Virginia
Code, as amended;
(7) the provisions of Chapter 8, Article 12, Section 5a of the West Virginia
Code, as amended;
(8) the City of Buckhannon’s written Home Rule plan;
(9) the Constitutions of either the United States or the State of West
Virginia
(10) federal law or crimes and punishment
(11) Chapters 60A, 61, and 62 of the West Virginia Code or state crimes
and punishment;
(12) laws governing pensions or retirement plans;
(13) laws governing annexation;
(14) laws governing taxation;
(15) laws governing tax increment financing;
(16) laws governing extraction of natural resources;
(17) marriage and divorce laws
(E) The City of Buckhannon has been limited in its ability to adequately address several nuisance properties
within its corporate limits that have become dilapidated, unkempt or in state of prolonged and consistent disrepair.
(F) These blighted properties unfairly decrease the market value of neighboring properties as well as provide
for an unsafe and unhealthy environment for the community.
(G) Currently, West Virginia municipalities are limited to filing a general lien on a specific property for any
cost incurred to repair, alter, improve, vacate/close, remove, or demolish any dwelling or building.
(H) Problematic properties often already have a host of senior liens filed against them.
(G) The City’s incentive to be aggressive in engaging in property remediation is minimized given the inability
to recoup costs associated with the remediation.
(H) Additionally, there currently is no clear authority under state law that would permit a municipality’s
building and/or zoning enforcement officials to issue “on the site” citations for property nuisance violations.
(I) West Virginia Code § 8-12-16 mandates that procedural and proper notification requirements be in
accordance with the law concerning service of process of civil actions and on the premises affected by the complaint
or order.
(J) Specifically, West Virginia Code § 8-12-16(d) indicates that no ordinance shall be adopted without the
right to apply to the circuit court for a temporary injunction which restrains the enforcement official pending final
disposition of the case.
(K) The City believes abandoned and unkempt properties cause decay in the City’s neighborhoods and a
decline in the value of neighboring properties while creating unsafe and unhealthy living conditions.
(L) These conditions justify strong and aggressive measures by the City to do everything possible to
promptly abate such hazards in its neighborhoods.
(M) The present method whereby a municipality realizes only a general lien does not specifically assure that
any abated cleanup cost incurred by the City will ever be repaid, and if payment is realized it is often associated with
the property being sold, auctioned or refinanced, sometimes years after the City’s cost incurrence. The current model
is not conducive to the remediation investment ever being recouped by the City, and certainly not in a timely manner.
Clever property owners have contrived ways to exploit the shortcomings of the current state statute.
(N) The City of Buckhannon seeks to expand its power and authority pursuant to West Virginia Code 8-1216 (e) (1) whereby the City will be able to establish a property tax lien, the amount of which would be assessed
together with the annual, property tax assessment against a property owner’s real property for the amount reflecting
all costs incurred by the City during the preceding year for repairing, altering or improving, or for vacating and closing,
removing or demolishing any dwelling house or other building, all of these processes sometimes hereinafter referred
to as “property remediation.” All other Code provisions, and particularly those according due process to the owner
within 8-12-16 (e) will continue to be incorporated as part of the enforcement measures respecting the City’s
expanded power and authority. Other states have adopted such progressive models for expedited, municipal
expenditure recoupment of property remediation projects with tremendous success.
(O) The model proposed by Buckhannon will permit property remediation costs to be directly assessed as
part of an owner’s annual property tax due for payment with the next ensuing year’s property tax invoice. The direct
cost assessment added to the ensuing year’s property tax invoice will allow for actual incurred costs to be recovered
by the City much more expediently. The City would utilize the powers established in West Virginia Code 8-16-18 to
impose equitable charges for services rendered by works for the improvement and protection of properties based on
the cost of labor, equipment, and other material resources necessary to abate the property nuisance.
(P) The City further would apply its existing property maintenance ordinances to establish criteria for
blighted, dilapidated, unkempt or distressed properties. Furthermore, the City of Buckhannon would have the ability to
file such a tax lien for properties having high noxious weeds, grass, vegetation and/or clutter, all of which is
proscribed pursuant to existing City ordinances.
(Q) The City will accord full due process of the law to subject property owners prior to any nuisance
abatement and undertaking of remediation work, including certified mail notification to the owner detailing the
nuisance activities, documentation of the property owner’s failure to comply, any court or housing enforcement board
order to abate nuisance activities, the process for contesting, notification of the assessment of cost via certified mail
including personnel, equipment, and any legal fees associated with the abatement cost, etc.
(R) Buckhannon will assess the entire cost of the City’s remediation work upon the affected property as a
property tax lien, which assessment shall then constitute a tax lien upon such property favoring the City. The property
tax lien upon the property shall be expressly superior to all other liens except the annual property tax itself.
(S) The City Treasurer annually would compile a report for the County Assessor attaching copies of the
recorded liens and formally requesting the special tax assessment. It is not anticipated that there would be more than
five to ten special assessment requests for property remediation from the City per year. The Assessor’s Office
already calculates thousands of special assessments annually for matters such as the county-wide school levy and
the City library assessment, so these very few special assessments for City property remediation will involve very
nominal, additional work for the Assessor. Similarly, upon collection of the special assessment as part of the
collection of the regular, annual property tax, the Sheriff’s Office also would have nominal, additional work, simply
being required to issue a check to the City for the recouped remediation work.
(T) The City of Buckhannon believes that the special assessment will not unduly burden any other
governmental agency, i.e., the Upshur County Assessor nor Sheriff’s offices. Prior to the County Assessor’s final
preparation of property assessments for the forthcoming fiscal year that begins each July 1, and with a target date of
January 31, the City Treasurer would collaborate with the City’s Zoning and Housing Enforcement Officer, and the
City Street and Waste Superintendent, the Street and Waste Department being charged with property remediation
work, to confirm those liens that have been perfected by the City during the preceding year.
(U) In addition to the ability to post a tax lien respecting municipal nuisance abatement, the City of
Buckhannon proposed pursuant to its Home Rule plan that building and/or zoning enforcement officials together with
municipal police officers working in cooperation with building and/or zoning enforcement officials, be empowered to
issue “on site” citations for recurring exterior nuisance violations including, but not limited to the following:
trash/rubbish, overgrown grass/weeds, junked or otherwise unlawfully situated motor vehicles, broken glass or
windows, and maintenance of vacant or unkempt structures. These “on site” citations will be represented and
administered in the same manner in which traffic citations are issued by the Buckhannon Police Department.
(V) The fiscal impact of unkempt or blighted properties has an adverse effect on the municipality, the
individual property owners and community/neighborhood development. The City has to deal with health and safety
issues related to the property and the individual property owners and neighborhood must also contend with the same
issues and the ramifications of the devaluation of their own property investments.
(W) Property values in surrounding homes can decrease in value of up to ten percent (10%) and possibly
more in many neighborhoods. For example, a home appraised at $200,000 could lose approximately $20,000 in
value just for being located in the same vicinity of an unkempt or blighted property. This loses in value impacts
individual property owners’ ability to refinance or sell their property without a substantial loss.
1711.02 – ADMINISTRATIVE PROVISIONS:
(A) The purpose of this Article is to provide additional and alternative methods and processes to enforce City
ordinances addressing zoning, housing enforcement, sanitation, and common nuisances related to real estate
situated within the City of Buckhannon in a fair, speedy, and inexpensive manner, and to improve compliance with
such provisions. This Article shall be in addition to those methods and processes otherwise contained in other
ordinances of the City of Buckhannon, West Virginia, and shall be applied in the discretion of the enforcement official
enforcing the provisions of this Article.
(B) This Article shall apply to and supplement any and all of the zoning, housing enforcement, sanitation,
and common nuisance violations referenced in any City ordinance, including but not limited to the following
Ordinances of the City of Buckhannon:
(1) Ordinance No. 244 (Zoning Ordinance);
(2) Ordinance No. 357 (Abandoned & Junk Car Ordinance);
(3) Ordinance No. 367 (Housing Enforcement Ordinance); and,
(4) Ordinance No. 375 (Junk Storage Ordinance).
(C) Any municipal law enforcement officer, as well as the City’s Zoning & Housing Enforcement Officer, shall
have authority to enforce the provisions of this Ordinance and is referred to herein as an “enforcement official.”
(D) Upon receipt of information or observation of circumstances that the likelihood of a violation of any
provision of any ordinance of the City of Buckhannon respecting sanitation or common nuisance, an enforcement
official may investigate the facts and, to the extent permitted by law, make an inspection of the premises.
(E) If any enforcement official determines that an ordinance violation exists and determines to utilize this
enforcement section, the enforcement official shall provide written notice of such violation to the person having either
ownership or control of any land, building, structure, sign, property, licensed or permitted business or operation which
is in violation, and shall order that violation be corrected; provided, that if an enforcement official determines that the
violation is a repeat violation, the enforcement official may dispense with this requirement for written notice and
immediately issue a citation for the repeat violation. For purposes of this section, a repeat violation is a violation of
the same section of the applicable City ordinance that occurred not fewer than ten (10) business days after the prior
violation and not more than one year after the prior violation, whether or not the prior violation was timely corrected or
a citation was issued.
(F) Notice of the violation shall be given by personal or substituted service of process in accordance with the
West Virginia Rules of Civil Procedure, by either delivering the notice to the person in violation personally to a
member of that person’s immediate family who is above the age of 16 years and by advising that person of the
purpose of the notice. Return of service shall be made at the time of service by the process server effecting service.
If personal or substituted service cannot be effectuated or is impractical, the enforcement official may send the notice
to the person by certified mail, return receipt requested, to the person’s last known address.
(G) Any notice of violation(s) under this section shall be in writing containing the following information:
(1) the date the notice of violation(s) is given;
(2) the name and address of the person(s) charged with the violation(s);
(3) the section of the ordinance(s) violated;
(4) the nature of the violation;
(5) a statement of the action required to be taken in order to correct the
violation;
(6) the time period allowed for the violation to be corrected. The time
period allowed shall take into consideration the threat posed by the
violation
to the health, safety, and welfare of the public and the
nature and extent of the
work required to correct the violation:
correction shall be less than
provided, that no such time period for
five business days;
(7) the maximum fines that may be assessed if the violation is not
corrected; and,
(8) the name, address, and telephone number of the enforcement official
issuing the notice of violation.
(H) If the violation has not been corrected within the period established in the notice of violation, or if the
violation is a repeat violation for which the notice requirement does not apply, the enforcement official may issue a
citation to the violator. The citation shall be in writing and shall contain the following information:
(1) the date of issuance of the citation;
(2) the name and address of the person(s) charged with the violation(s);
(3) the section of the ordinance(s) violated;
(4) If it is a repeat violation, the date the citation was issued within the
previous one-year period for a violation of the same section;
(5) the nature of the violation;
(6) the place and time the violation occurred;
(7) if it is not a repeat violation, the date the notice of violation was given;
(8) the amount of the fine imposed for the violation;
(9) the name, address, and telephone number of the enforcement official
issuing the citation;
(10) the name, address, and telephone number of the office where the fine
must be paid;
(11) a notice that the fine must be paid within ten (10) business days of
the service of the citation, together with a warning that the failure to
when due any fine results in the increase of such a fine by
pay
$100; and,
(12) the name, address, and telephone number of the municipal court
where citations may be contested.
(I) A citation shall be served in the same manner as a notice of violation may be served pursuant to this
section.
(J) Any person issued a citation pursuant to this section may be punished by a fine as follows: within any
one-year period, $100 for the first citation, $300 for the second citation, and $500 for the third citation and each
citation thereafter.
(K) All fines imposed by citations under this section shall be due to the municipal court and paid in full within
ten (10) business days of the service of the citation unless a hearing before the municipal court is requested. The
failure to pay when due any fine imposed under this section shall constitute a failure to appear or otherwise respond
under West Virginia Code 8-10-2b and may result in the issuance of a warrant and notification to the West Virginia
Division of Motor Vehicles. The failure to pay when due any fine imposed under this section shall increase such a
fine by $100.
(L) Any person contesting such citation may, within ten (10) business days of service of such citation, may
request a hearing on the citation, with the municipal court clerk or municipal court clerk deputy in accordance with the
following:
(1) Upon requesting a hearing with a municipal court clerk, the clerk or their deputy shall place the
case on the municipal court docket, set the case for hearing within thirty (30) days from the date of the request for
hearing, provide a notice of hearing to the recipient of the citation, and forward a copy of the notice of hearing to both
the enforcement official who issued the citation and the City Attorney. Upon receipt of the Notice of Hearing, the
enforcement official shall cause a copy of the citation to be forwarded to the City Attorney and the municipal court
clerk who shall file it as the original complaint alleging the violation(s) indicated therein.
(2) The municipal court shall treat the citation itself as the original complaint before the court.
Anyone found guilty of the charges contained in the citation shall be fined in accordance with the fines outlined
above. If the court finds in favor of the recipient of the citation, the charges shall be dismissed.
1711.03 - SEVERABILITY: The provisions of this Ordinance are severable and if any provision or part
thereof shall be held invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect or
impair any of the other provisions or parts of this Ordinance. It is hereby declared to be the intent of the City Council
that this Ordinance would have been adopted if such invalid provision or part thereof had not been included herein.
1711.04 - EFFECTIVE DATE: This Ordinance shall be deemed effective thirty (30) days following the
second (2nd) reading, passage and adoption by the Council of the City of Buckhannon, i.e., .
FIRST READING:
June 16, 2016
SECOND READING, PASSAGE & ADOPTION:
July 7, 2016
______________________________
David McCauley, Mayor
CERTIFICATE OF ENACTMENT
I, Richard Edward- City Recorder, do hereby certify that the foregoing Ordinance No. 2016-004 was lawfully
ordained and enacted by the Council of the City of Buckhannon during a regular session of the said Council
assembled on July 7, 2016.
__________________________________
Richard W Edwards – City Recorder

DUI Grant Reimbursement Request- Police Department: Chief Gregory explained the
request and after discussion upon,
Motion [Pugh/Cuparri] to approve the signature of Mayor for the DUI Grant Reimbursement
forms. Motion passed unanimously.

Homeland Security Grant Application – Police Department: Chief Gregory discussed the
application process and vests for officers. Asked for approval for the Mayor to sign. After
discussion and upon,
Motion [Pugh/Cuparri] to allow the Mayor to sign the Homeland Security Grant application
for equipment. Motion passed unanimously.

Resolution 2016-12 Budget Revision SYC. NOTE This item was removed from the
agenda per Mrs. Jenkins request. There is no need for a budget revision at this time.
Comments and Announcements:
 Mary Albaugh: Thanked and recognized the Upshur County Honor Guard.
 Pam Cuppari: Recognized Mr. Rock. Asked for volunteers for the 4th of July
Celebration. Thanked Mr. Pugh and recognized his last Council meeting.
 Ron Pugh: Asked about trimming of trees on Upper Drive. It is a “bittersweet” night
for him. Last meeting as councilman. Has been involved in community service for
over 44 yrs. Thanked Water Dept employees and Board. Thanked Mr. Edwards for
his work as Mayor.
 Robbie Skinner: Thanked Mr. Rock for his service. Discussed the WV Day
celebration on Monday June 20, 2016 and the Chamber of Commerce.
 David Thomas: Appreciated the Honor Guard proclamation and Mr. Kittle. Thanked
Mr. Rock and Mr. Pugh for their service.
 Richard Edwards: Thanked Mr. Rock, Mr. Pugh, and the veterans. Asked for prayers
for the Orlando incident families.
Mayor Comments:
 Mayor read and discussed the calendar of events in packets for June-August.
COMMUNITY CALENDAR OF EVENTS FOR PERIOD FROM
JUNE 16 – AUGUST 2016
1) ALMOST HEAVEN BBQ BASH – FRIDAY & SATURDAY, June 17 & 18
2) UCARE HIGH SCHOOL POOL PARTY – JUNE 18, 8-11 P.M. AT HIGH SCHOOL POOL
3) WEST VIRGINIA DAY CELEBRATION – UPSHUR COUNTY COURTHOUSE 11:00 A.M., MONDAY, JUNE 20
4) WVWC VIGIL FOR ORLANDO – CHAPEL 11:00 A.M., MONDAY, JUNE 20
5) BICENTENNIAL CELEBRATION ORGANIZATIONAL MEETING –
MONDAY, JUNE 27, 6-8 P.M. AT CITY HALL
6) DEDICATION OF FOURTH MURAL – “EVENING STAR” BY CHUCK OLSON, THURSDAY, JUNE 30, 9 P.M.
CORNER OF EAST MAIN & KANAWHA STREETS
7) FOURTH OF JULY CELEBRATION & FIREWORKS – FRIDAY, JULY 1 AT JAWBONE + STOCKERT YOUTH
CENTER + COURTHOUSE 4-11 P.M.
8) UCARE MIDDLE SCHOOL POOL PARTY – SATURDAY, JULY 9
7-10 P.M. AT HIGH SCHOOL POOL
9) UCARE HIGH SCHOOL POOL PARTY – SATURDAY, JULY 16, 8-11 P.M. AT HIGH SCHOOL POOL
10) RELAY FOR LIFE AT JAWBONE PARK – SATURDAY, JULY 16
11) VINTAGE CAR SHOW – DOWNTOWN, FRIDAY & SATURDAY, JULY 22 & 23 ALL- DAY & EVENING
12) NATIONAL NIGHT OUT – HIGH SCHOOL POOL, TUESDAY, AUG 2 AT 6-10 P.M. CO-SPONSORED BY
BUCKHANNON POLICE + UCARE – FREE TO ALL!
13) UCARE HIGH SCHOOL POOL PARTY – SATURDAY, AUGUST 6, 8-11 P.M. AT HIGH SCHOOL POOL





Thanked citizens that have helped solicit monies for the 4th of July Celebration.
Discussed Art student projects that will be displayed on the Council tables at next
meeting. Recognized Mrs. Maria Bray whom will lead up this project.
Sign at the Poundstone Walk trail needs replaced.
Thanked Mr. Pugh for his service and reminded citizens of Fathers Day Sunday.
With no further business the meeting adjourned at 8:58 p.m.
Mayor David McCauley
_______________________________________________________
City Recorder Richard Edwards
_______________________________________________________