Martin V. Saffer, Pocahontas County Commissioner
 
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When to dis-incorporate??

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pipandco
Jun 14, 2011
3:52 pm
When to dis-incorporate??

Hello,

Durbin, WV is currently having a local election for town commissioners, and mayor .. all of which are running un-contested. 3 of 5 commissioners are family .. either immediate or by marriage. Many folk in the town are refusing to vote. Recently I heard the mayor telling people that if they don't get enough votes, the town might stand to lose its incorporated status. Is this true?
Many of the people in town feel it would be more advantageous to dis-incorporate than to continue with the current local government. To me, this seems short-sighted, but I'd like to clearly understand what benefits a town gives up when it dis-incorporates?? At what point is it better for a town to give itself over to county governance??

-Pete-

freeholder
Jun 14, 2011
5:15 pm
Re: When to dis-incorporate??

Thank you for your polite and accurately phrased letter. As a property owner and former resident,i once asked the county commissioner what value the incorporated status had for us:her response was" nothing but street lights and a leash law." Since this forum is auspicated by a commissioner, I imagine that he will answer your inquiry.(Or perhaps he will not speak on the matter since he gets paid a fee for being the town's attorney) To continue, I point out that the town of Cass simply returned their charter to the state and thus became unincorporated.To the isssue of street lights, they seem a ridiculous expense for so few people.Who is out late at night? Who benefits from these lights except the power company? Remember that Bartow, Frank. GreenBank and other places with more people have no street lights, the dog law is uninforceable , so the extra taxes we pay for dubious incorporation are a waste of money. In fact , the money sent back from the state tax department for mayor and council salaries do not add to the welefare or good image of the town at all.It is a little extra for private bank accounts and nothing else.All legal matters of consequence are taken care of by the county or state:the town government has no function. In order for the town to be financially viable, it must take money from the sewer utility, which is illegal, but is condoned by the lax PSC. That is why there is never money for improvements, maintainence etc and why the debt has not been paid off. The county or the local utility commission would take over the sewer service and payments when the town is finally unincorporated. When incorporation is ended, our taxes go down, there will be no fee assessed to simply make a small improvement on our property.and there will be a governing influence from being part of the county: When there was a dog warden, they would say if you live in Durbin, we cannot help you because you are incorporated,Thus we were cheated out of a service which we paid for. Many small towns have given up mayor council because it is costly and ineffective. Some of you may know of towns besides Cass that has done so and could get a representative to come to Durbin and explain how they instituted a manager form of local government. We all wince at the unprofessional conduct at town hall both at public meetings and when only the mayor and friend are there. It is said that the computer is used for private porn viewing while we are paying the bill.The money wasted on a sham town government could be spent on items that the whole county could use.There is no way to keep an uneducated criminal from being on council. There is no watchdog to see that money is used correctly, there is no law to control what goes on at town hall. If there are some reasons to stay incorporated when towns everywhere else is giving it up, I would like to read them

Martin Saffer
Jun 14, 2011
5:51 pm
Re: When to dis-incorporate??

Well darn good subject. I guess my first response is that if you surrender your corporate charter, you simultaneously surrender your local control over very local concerns and you really stop talking to yourselves as a community. Also, you lose the opportunity for grants and assistance given by the State to local "governments". If there is dissatisfaction with local government, I suggest the relief is in the ballot box and not in throwing out the baby with the bath water and having no government.

freeholder
Jun 14, 2011
9:53 pm
Re: When to dis-incorporate??

Those interested in another type of government with unincorporation might ask former commissioners for help and advice.( Norman,perhaps) . The point is that the local government is not a functioning unit and it wastes taxpayers money: It is a source of embarrassment and gives small towns a bad name.It causes enmity and lack of neighborliness .There is a constant show of people resigning and someone taking their place in probably illegal moves. Groups can come together and get grants, or the county can get them more easily than the council with oversight as to their disposition. Who knows how many have gone to Durbin that were not used for public good?Throwing out the baby with the bath? There is no baby, no bath; there is a quasi government easily grabbed and controlled by those who want a few extra dollars and want their name in the paper but have no concept of community or governance or image.

freeholder
Jun 15, 2011
8:51 pm
Re: When to dis-incorporate??

Pete , You did not receive an answer to your very direct question which is: can the town lose its status as a corporation if too few people vote?I believe that the answer is "yes"although I am not an expert . You possibly could write or call the Municipal league in Charleston for an authenic answer.As to the question of when to do away with a municipal corporation, I think you see the answer every day in Durbin if you have lived there very long.Many do not know that real estate taxes are higher in Durbin than in Frank because of incorporation,yet Frank has the water utility, the protection of the dog warden and county police which Durbin lacks in case they have a policeman.Also, Frank residents do ot have to pay a fee or get a permit when they build a garage or do house repairs.Friendship and neighboliness exist in Frank because there is no Banana Republic type of quasi government causing feuds as in Durbin. Take a poll among your friends and see how many believe that Durbin should remain incorporated, Then ask them why.All that I have asked have said that the county should take Durbin over along with the sewer and the town hall because the council has no legal function.They ,as i,question the use of taxpayer money as well as grants received by the town.

Bunny
Jul 8, 2011
7:11 pm
Re: When to dis-incorporate??

Can someone explain to me why the Mayor of a corporated town is required to enforce County statutes (such as the new animal control regulations) instead of law enforcement? I live in Hillsboro and have been told that the Mayor is required to enforce certain statutes, not the police.
What recourse is there if the Mayor refuses to enforce laws?

freeholder
Jul 9, 2011
11:39 pm
Re: When to dis-incorporate??

the mayor may be charged with malfeasance in some states.That is a question that a commissioner should answer.I think you can reach them at county commissioners .com

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