Martin V. Saffer, Pocahontas County Commissioner
 
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What is the Role of the County Commission?

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Martin Saffer
Jul 6, 2011
6:07 am
What is the Role of the County Commission?

Broadly stated here are the powers and duties of the Commission:
§7-1-3. Jurisdiction, powers and duties.
The county commissions, through their clerks, shall have the custody of all deeds and other papers presented for record in their counties and the same shall be preserved therein, or otherwise disposed of as now is, or may be prescribed by law. They shall have jurisdiction in all matters of probate, the appointment and qualification of personal representatives, guardians, committees, curators and the settlement of their accounts and in all matters relating to apprentices. They shall also, under the rules as now are or may be prescribed by law, have the superintendence and administration of the internal police and fiscal affairs of their counties, including the establishment and regulation of roads, ways, streets, avenues, drives and the like, and the naming or renaming thereof, in cooperation with local postal authorities, the division of highways and the directors of county emergency communications centers, to assure uniform, nonduplicative conversion of all rural routes to city-type addressing on a permanent basis, bridges, public landings, ferries and mills, with authority to lay and disburse the county levies. They shall, in all cases of contest, judge of the election, qualification and returns of their own members, and of all county and district officers, subject to appeal as prescribed by law. The tribunals as have been heretofore established by the Legislature under and by virtue of section thirty-four, article VIII of the constitution of one thousand eight hundred seventy-two, for police and fiscal purposes, shall, until otherwise provided by law, remain and continue as at present constituted in the counties in which they have been respectively established, and shall be and act as to police and fiscal matters in lieu of the county commission herein mentioned, until otherwise provided by law. And until otherwise provided by law, the clerk as is mentioned in section twenty-six of said article, as amended, shall exercise any powers and discharge any duties heretofore conferred on, or required of, any court or tribunal established for judicial purposes under said section, or the clerk of the court or tribunal, respectively, respecting the recording and preservation of deeds and other papers presented for record, matters of probate, the appointment and qualification of personal representatives, guardians, committees, curators and the settlement of their accounts and in all matters relating to apprentices. The county commission may not limit the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to, directly or indirectly, prohibit the ownership of the ammunition: Provided, That no provision in this section may be construed to limit the authority of a county to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.

Martin Saffer
Jul 6, 2011
6:17 am
Re: What is the Role of the County Commission?

Most importantly, the Commission serves as a forum and sounding board. The press and radio are always present and anyone can be on the agenda to talk about county matters. Under the heading of "police and fiscal affairs", the Commission can initiate a wide variety of actions and has the capability of funding projects. There is a healthy tension between the funding requests of elected officials and the fiscal county stewardship of the Commission.

Martin Saffer
Jul 6, 2011
6:17 am
Re: What is the Role of the County Commission?

So what do you think the Commission ought to be doing right now that it is not doing or dragging its heels on?

freeholder
Jul 6, 2011
10:13 am
Re: What is the Role of the County Commission?

. How many of the following statements are correct?: County commissioners arrange for the recording of deeds, wills.It decides who can represent it.It is in charge of all policemen in the county,can plan and zone, can name roads,cannot prevent gun ownership, can decide how county and town money is spent. Also , Items not specifically mentioned in your essay are : Commissioners can overrule municipal elections can take care of fiscal matters in a municipality if non-incorporation comes about. Can oversee the use of grant money anywhere in the county.Since the commission is a county forum, it invites representatives to speak from the US Forest system,who own the largest percentage of the land,50 percent or more , SnowShoe, which pays the largest percentage of taxes,the astronomy center,R ockefeller holdings. Again, how many of the statements are correct?

David Litsey
Jul 6, 2011
11:07 am
Re: What is the Role of the County Commission?

I am not sure that "Snowshoe" does pay the largest percentage of taxes. While the Snowshoe Mtn Corporation seems to accept that distinction, I am not able to understand the basis of the statement. There is a lot of improved real estate and structures along the ridges and valleys in the vicinity of the Snowshoe Ski Resort, but those taxes and fees are paid by the owners of those properties whose interests may be different than that of Snowshoe Mountain Corporation whose goals may be different than that of the actual property owners and true tax payers.

Snowshoe Mountain Corporation may be a third party collector and transmitter of fees and taxes for the owners, but this does not establish them as the true payer, simply an agent of the owner.

We all use "Snowshoe" as a collective noun for everyone who has interests on the South End of Cheat Mountain and its immediately adjacent resort focused valleys and ridges. But Linwood is still Linwood, Slatyfork is still Slatyfork, Cass is still Cass, and Mace is still Mace. Snowshoe Mountain Corporation should get full credit for all of its contributions to the welfare of the county, but it is important to recognize that there are a lot of other tax payers atop South Cheat Mountain, and they deserve recognition and a voice as well. It could be that independent individual persons and seperate partnerships and corporations who own property on South Cheat Mountain are collectively the largest percentage property tax payer excluding property owned by the Snowshoe Mountain Corporation. I don't know, but it would be worth finding out.

It would be worth knowing, in general, what percentage of the County's income is derived from the Snowshoe Mountain Corporation itself as owner, and how much is derived from unrecognized actual tax payers who are never informed of issues or their right to represent their interests that go unknown and unrecognized with the readiness of another to speak on "their behalf."

freeholder
Jul 6, 2011
2:28 pm
Re: What is the Role of the County Commission?

Perhaps it is part myth that Snowshoe pays the largest share of taxes:I would not argue the point. My thoughts,though, are that the county commission lacks adequate representation.I have read that the basic function of all government is to protect people and property.I do not see that as listed in the above writing.I have read in several places that Pocahontas is not a good place to establish a business because of a lack of resposiblegovernment That was in the writings which established METRO, which enables the legal joining of communities and the county to be in a better position to get Federal aid, grants, etc .Nothing came of it as far as I have heard. One former commissioner told me that citizens derived no benefit from living in a corporation,except having leash laws and street lights. Another one told me that commission had absolutely no control of any kind over a mayor and council.These last two assertions leads to the thought that we could use a more representative,accountable government,such as are established in other states of much land and few people.

Thank you for your interesting post.

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