(A) The applicant’s Statement of Benefits (SB1) shall be made available to the Town Council for a minimum of 45 days in order that it may be processed.
(B) In conjunction with the SB1, applicant shall simultaneously file supporting information required under Hagerstown form HSB1.
(C) The Town Council shall cause an investigation into the facts as set forth in the SB1 and HSB1.
(D) The person(s) or entities named by the Town Council shall make the investigation and shall verify the information contained in the SB1 and HSB1 applications, maintaining lawful confidentiality required of certain specific information that release to the public at large compromises the applicant’s operation.
(E) The person(s) or entities making the investigation shall advise the Town Council of their findings and advise the Town Council of a recommended course of action, prior to any action being taken by the Town Council.
(F) The Town Council shall consider the following factors in making it’s required findings of beneficial impact:
(1) Average wage paid to employees, including fringe benefits;
(2) Health benefits paid to employees;
(3) Potential for upward mobility of the jobs to be created or retained by the applicant; and
(4) Applicant’s level of commitment and involvement in the Hagerstown community.
(G) In the event that the Town Council denies a tax abatement, in addition to the Town Council denying same during a public hearing, the applicant shall be notified in writing that the Town Council did not make the required findings of fact provided in I.C. 6-1.1-12.1 et seq.
(H) In the event that the town approves the taxpayer applicant’s SB1, Council shall pass a resolution making the necessary findings of fact required by I.C. 6-1.1-12.1 et seq. Further, the resolution shall contain the following:
(1) Reference to the resolution number of the resolution establishing the taxpayer applicant’s area as an Economic Revitalization Area;
(2) The established period or term of the abatement set forth in the referenced resolution establishing the area as an Economic Revitalization Area; or in the event that the referenced resolution contains no specific term, the term for which the Town Council is granting the abatement pursuant to the applicable terms provided by statute at the time of the passage; and
(3) Upon passage of the above, Town Council will provide the taxpayer applicant a copy of the resolution whereby the Statement of Benefits has been approved, and a copy of the resolution which established the area as an Economic Revitalization Area, in the event that the taxpayer applicant needs the documents to submit with the deduction application.
(I) Commencing in 1999, a representative number, but no less than 5% of all outstanding owners who have previously secured approved the Statement of Benefits from the Town Council, and are still in the period of their tax abatement phase-ins, may be randomly selected by the Town administration, and the owner’s information regarding job creation and/or retention, and applicable wages and benefits, shall be audited by the Town administration as part of assuring continued compliance with the Statement of Benefits. And further, any written complaints received in regard to the alleged noncompliance of a specific business shall be subject to investigation and audit. To the extent any nonconforming information is found, the Town Council shall be enabled to take any and all action as authorized by I.C. 6-1.1-12.1-1 et seq.
(J) In order to implement and/or advise applicants of the guidelines set fort herein, an addendum to the Statement of Benefits form SB1, known as HSB1, a copy of which is incorporated by reference and attached to Ordinance 3-1999, shall be required of all applicants with their statements of benefits applications. Two copies of the HSB1 form are available for public inspection at the office of the Clerk-Treasurer. The HSB1 form, and any worksheet related thereto, may be amended from time to time as required by statute or at the discretion of the Town Council. In the event that an SB1 form is submitted without an accompanying HSB1 form, or in the event the documents are not completely filled out, the town shall notify and/or return the form(s) to the taxpayer applicant, informing the taxpayer applicant of the need for the HSB1 form or the need for additional information.
(Ord. 3-1999, passed 8-2-1999)