by Kate Shunney
In a 2-3 vote, members of the Paw Paw Town Council last Monday defeated an ordinance that would have formed a new Planning Commission for the town.
On December 1, the council held a second reading of a proposed ordinance that would have created a three to five-member Planning Commission for the Town of Paw Paw.
Under West Virginia law, a town seeking to do land use planning or to implement subdivision rules or zoning in their municipality has to first have a Planning Commission that can create a Comprehensive Plan to guide future growth.
Capon Bridge attorney Logan Mantz, who has advised the Town of Paw Paw on several ordinance matters in recent months, told council members and members of the public at the December 1 meeting that having a Planning Commission and Comprehensive Plan would give Paw Paw access to grants and state resources for growth planning.
Prior to the vote, Mayor Darlene Abe told the council and public that the three members of the proposed Planning Commission would include herself, Mary Parker Marcus and Tyson Spencer.
That list of members was greeted with vocal objections from the public at the meeting.
A few residents said they would be interested in serving on the Planning Commission if it was formed, and questioned why the mayor would sit on the committee.
Mantz told Abe and the council that they could create the Planning Commission first by passing the ordinance, and could decide later who would serve on the town committee.
Under West Virginia law, a town the size of Paw Paw – a Class IV municipality with under 2,000 residents – can form a town planning commission of no less than three and no more than nine members, with the exact number specified in an ordinance that creates the commission.
Each member must be a West Virginia resident for three years before being appointed to the commission, must be a resident of the municipality for one year before appointment and must be qualified by their “knowledge and experience” in matters relating to the municipality. State law says the membership of the planning commission must “fairly represent” different points of expertise and business experience.
Logan Mantz explained that the primary job of the Planning Commission would be to create a Comprehensive Plan in partnership with the West Virginia University Land Use and Sustainable Development Law Clinic, which works with small towns like Paw Paw to support land-use planning and decision making about conservation, dilapidated building issues and future development.
Mantz said the Comprehensive Plan would help answer the question of “What you want the town to look like in 10 years.”
He recommended the town take the step to establish the Planning Commission.
The motion to pass the ordinance to create the commission failed 2-3.
No vacant building program
A further motion, to have the Town of Paw Paw create a vacant structure program to try to fill or fix empty and dilapidated structures inside the town limits, also failed. No council members would second the motion to establish the program.
The program is a tool that towns can use to make changes to downtown areas where structures are in serious decline.
Mantz said the Vacant Structure Program would create a registry of buildings in the town that have been empty for an extended period of time or are in serious disrepair, and the owners of those buildings would be notified that some changes would have to take place with their structures or the town could impose fines on them.
One man at the council meeting said that interest rates are up and costs are high for building materials right now, meaning that some owners can’t afford to make improvements or renovate their buildings.
“Times are hard right now and people can’t afford to do anything,” he said.
Mayor Darlene Abe said the program wouldn’t focus on buildings that were just bought, but those that have sat empty in disrepair for years.
Councilman John Pritchard pointed out that the ordinance refers to a building inspector, which the town has never had.
Mantz said the town doesn’t have a building code to be enforced either. He said code inspection can be done by a paid inspector or by town staff trained on code enforcement.
After several questions from the public, Mayor Abe shut down discussion, saying, “This isn’t the session for questions.”
A motion to implement the Vacant Structures Program failed for lack of a second from another council member.
In other business, the council passed a resolution authorizing the mayor to enter into an agreement to purchase a .47-acre parcel adjacent to the new municipal park and walking track area near the Paw Paw boat ramp from Tim and Betty Mose for $15,000.
Councilmen also updated the mayor and council on efforts to update 911 addresses inside the Town of Paw Paw limits to coincide with Morgan County 911 addresses.
They said after a review of addresses, they found that 159 street addresses are correct and 139 addresses are missing on structures or are incorrect numbers.
Council members are notifying residents of their correct 911 addresses and asking that they post them on their homes. The mayor said previously the post office had numbered homes in a reverse order to the way that 911 assigns addresses.
