18 JUNE 2014, Vol.1, No.59 > PART
VII – SNOWSHOE RAD – THE END OF POCAHONTAS COUNTY AS WE KNOW IT!
The POCAHONTAS CRIER
‘When the Righteous succeed the people rejoice,
But when the bad govern, men groan!’ – Proverbs 29:2
[New
Email address: pocahontascrier88@gmail.com]
PART VII – SNOWSHOE RAD – THE END OF POCAHONTAS
COUNTY AS WE KNOW IT!
THE DILEMMA
For all those that happen to be ‘homeowners’ of a condo, townhouse, or
whatever on Snowshoe Mountain or Silver Creek – then you know, or should know
by now – exactly what is in store for everyone come 07 July 2014 when a meeting
is scheduled for a discussion of whether to accept or reject the idea of
turning Snowshoe & Silver Creek into a ‘Resort Area District’
(RAD) and in point of fact actually surrendering all your rights &
claims for the benefit of making Donald Trump even richer at your expense! And for all you ‘nay-sayers’ – perhaps you have not read the entirety of the ‘RAD LAW’ – if not, take a look-see
at: < http://www.legis.state.wv.us/bill_status/bills_text.cfm?billdoc=hb2600%20intr.htm&yr=2013&sesstype=RS&i=2600
>!
Kindly take notice of who actually
gets to vote:
§7-25-5. Petition for creation or expansion of resort
area district; petition requirements.
(a) The owners of at least sixty-one percent of the real property, determined by acreage, located within the boundaries of the resort area described in the petition, by metes and bounds or otherwise in a manner sufficient to describe the area, may petition a governing body to create or expand a resort area district.
(a) The owners of at least sixty-one percent of the real property, determined by acreage, located within the boundaries of the resort area described in the petition, by metes and bounds or otherwise in a manner sufficient to describe the area, may petition a governing body to create or expand a resort area district.
Guess who owns 63% or more of the REAL ESTATE BY ‘ACREAGE’?
Oh, so you do know Donald, do
you?
And guess whose property-equity
will be monetized for an ‘assessment’ to borrow against for ‘the cost of a
project or projects’? Ah,
don’t worry – it’s just a fee ADDED ON TO all taxes & other fees levied on
the property!
§7-25-3. Definitions.
For purposes of this article:
(a) “Assessment” means the fee, including interest, paid by an owner of real property located within a resort area district to pay for the cost of a project or projects constructed upon or benefiting or protecting such property and administrative expenses thereto, which fee is in addition to all taxes and other fees levied on the property.
(b) “Assessment bonds” means special obligation bonds or notes issued by a resort area district which are payable from the proceeds of assessments.
(c) “Board” means a resort area board created pursuant to this article.
For purposes of this article:
(a) “Assessment” means the fee, including interest, paid by an owner of real property located within a resort area district to pay for the cost of a project or projects constructed upon or benefiting or protecting such property and administrative expenses thereto, which fee is in addition to all taxes and other fees levied on the property.
(b) “Assessment bonds” means special obligation bonds or notes issued by a resort area district which are payable from the proceeds of assessments.
(c) “Board” means a resort area board created pursuant to this article.
Guess how much DEBT can be added
on to all monetized-equity? NO LIMIT!
§7-25-20.
Indebtedness of resort area district.
_____No constitutional or statutory limitation with respect to the nature or amount of or rate of interest on indebtedness which may be incurred by municipalities, counties or other public or governmental bodies shall apply to the indebtedness of a resort area district. No indebtedness of any nature of a resort area district shall constitute an indebtedness of any county creating and establishing such district or a charge against any property of said counties but shall be paid solely from the resort service fee or assessments which the resort area district is authorized to impose on the owners of the property within the district by this article. No indebtedness or obligation incurred by a resort area district shall give any right against any member of the governing body or any member of the board of a resort area district.
_____No constitutional or statutory limitation with respect to the nature or amount of or rate of interest on indebtedness which may be incurred by municipalities, counties or other public or governmental bodies shall apply to the indebtedness of a resort area district. No indebtedness of any nature of a resort area district shall constitute an indebtedness of any county creating and establishing such district or a charge against any property of said counties but shall be paid solely from the resort service fee or assessments which the resort area district is authorized to impose on the owners of the property within the district by this article. No indebtedness or obligation incurred by a resort area district shall give any right against any member of the governing body or any member of the board of a resort area district.
Ah, don’t worry, even though ‘Snowshoe-RAD’
will be a private corporation owned by Donald Trump, he still will not be able
to levy any ‘taxes’
upon you – only an ‘assessment fee’ for your monetized-equity! [For those that may not know, the ‘equity’ is the amount of value between
what the property-taxes are assessed and the actual fair-market selling
price. For example: if a property is
worth $100K, the taxes are based on 60% of retail or $60K, and the ‘equity’ is 40% of the retail or in this
example, $40K. So all the equity of all
the owners can be monetized to create a collateral base for an unlimited amount
of DEBT of which each property will be charged an ‘assessment fee’!].
§7-25-7. Creation of resort area
district; resort area district to be a public corporation and political
subdivision.
(a) Each resort area district shall be created by adoption of an order by the governing body.
(b) From and after the date of the adoption of the order creating a resort area district, it shall thereafter be a public corporation and political subdivision of the state, but without any power to levy or collect ad valorem taxes.
(a) Each resort area district shall be created by adoption of an order by the governing body.
(b) From and after the date of the adoption of the order creating a resort area district, it shall thereafter be a public corporation and political subdivision of the state, but without any power to levy or collect ad valorem taxes.
IF you don’t continue to pay your
assessed property-taxes, the County
Sheriff can sell your
property to someone else for the cost of a ‘tax-ticket’ – and if you don’t recover your
property within a year or so, the purchaser of your ‘tax-ticket’ will own your
property!
But the County Sheriff
can also now TAKE YOUR PROPERTY FOR FAILING TO PAY THE ‘ASSESSMENT FEE’! Ooops – someone forget to mention this
part! And Geewiz, it seems that your
monetized-equity will be the collateral for BONDS and BONDHOLDERS!
§7-25-21.
Payment of assessments to sheriff; report to resort area district; collection
of delinquent assessments.
_____(a) The assessments authorized to be imposed pursuant to this article will not be considered to be ad valorem taxes or the equivalent of ad valorem taxes under any provision of this code: Provided, That for the exclusive purposes of collection of the assessments authorized to be imposed under this article and enforcement of the assessment liens created by section twenty-two of this article, the provisions of chapter eleven-a of this code shall apply as if the assessments were taxes as that term is defined in section one, article one of that chapter.
_____(b) The sheriff shall promptly deposit all assessments upon receipt thereof in a segregated account established by the sheriff for such purpose and shall maintain a record of the assessments so received. Each month, the sheriff shall pay all moneys collected for the resort area district into the district treasury or, if the sheriff consents, to a trustee for the benefit of bondholders if assessment bonds are issued by the resort area district.
_____(a) The assessments authorized to be imposed pursuant to this article will not be considered to be ad valorem taxes or the equivalent of ad valorem taxes under any provision of this code: Provided, That for the exclusive purposes of collection of the assessments authorized to be imposed under this article and enforcement of the assessment liens created by section twenty-two of this article, the provisions of chapter eleven-a of this code shall apply as if the assessments were taxes as that term is defined in section one, article one of that chapter.
_____(b) The sheriff shall promptly deposit all assessments upon receipt thereof in a segregated account established by the sheriff for such purpose and shall maintain a record of the assessments so received. Each month, the sheriff shall pay all moneys collected for the resort area district into the district treasury or, if the sheriff consents, to a trustee for the benefit of bondholders if assessment bonds are issued by the resort area district.
THE REALITY
Donald Trump is a ‘developer’
who makes his money building via cost overruns and playing all the angles he
can muster! Trump does not manage! Trump builds & sells what he builds! And Trump always carries a large DEBT so as
to appear ‘lawsuit-proof’
and ‘too-big-to-fail’
– until someone calls his bluff as the folks did in Scotland recently when they
sent Trump packing with his tail between his legs! Now he has become OUR PROBLEM – but Trump had
his LOBBYISTS in Charleston
piece-meal the ‘Resort
Area District’ nightmare into a state law over a five or so year
period of time! Who & how many were
bought off is not as important as the fact that Trump is now in Pocahontas
County – in TOTAL CONTROL OF IN EXCESS OF THE 60% OF
THE LAND – BY ACREAGE – REQUIRED, AND IS ABOUT TO RIPOFF EVERYONE HE CAN ONCE
AGAIN!
DOWN TO ONE OPTION
LEFT!
Knowing the state of
our educational system nationwide, and knowing the state of our educational
system statewide, let alone countywide – it is no
surprise that the State Legislature established that ownership decisions can
only be made by the OWNERS OF ACREAGE instead of ‘Square-Feet’ as private homes & such as measured! BUT THAT IS ILLEGAL UNDER FEDERAL LAW SINCE THE MID-1830s!
Ever hear of the
battle between the TIDEWATER (Plantations) and
the PIEDMONT
(Mountainfolk)? When this country was
founded, ONLY LANDOWNERS COULD VOTE, and the Plantation-Owners of thousands of
acres thought that they should have ‘one-vote per/acre’ compared to an Indentured
Servant set free after seven-years of servitude that moved to the Wilderness
(Indian-Land) and carved out ‘one-acre’ or more from the forest! When it came time to vote, anyone owning land
(except for women) were allowed to vote – BUT the Plantation-Owners did not
like a former ‘servant’
having an equal vote to them! So in the
mid-1830s the matter was settled when Congressional Districts were standardized
according to population rather than ‘acreage’!
But now along comes Trump and, “LAWS – we don’t need no stink’n Laws – we make our own!”
Trump has build into the RAD-Law
that a ‘super-majority’
of six or seven board members must agree before anything major can occur! Does anyone really
believe that Trump would leave that to chance – instead of GUARANTEEING THAT HE
WILL CONTROL EVERYTHING HIMSELF? It is a given fact that already Trump
controls 4 of the 7 seats, but he needs SIX to control every decision –
and the last three-seats are supposed to be chosen by the current property-owners
as members of condo-associations, etc. But CONDOS are sold by the SQUARE-FOOT – and the new RAD-Law
requires ACREAGE – so guess who controls in excess of 60% of the acreage? Gee, and you thought you lived in a
democratic-republic! Were you absent the
day they taught civics in eight-grade? Oh, that’s right – THEY DON’T TEACH CIVICS IN SCHOOL ANYMORE – that’s so the rich can get
richer over the ignorance, i.e., lack-of-knowledge, of the peasants & minimum-wage-workers – you know, the
kind that work for Snowshoe!
THE BETRAYERS, THIEVES & LIERS!
As everyone knows who attended a
recent county commission meeting, watched it on a computer, or read the report
in The Pocahontas Times, our very own
‘de facto-assistant-county-prosecutor’ took
it upon himself, contrary to his ‘Oath-of-Office’, to
request the county commission deny a county citizen from discussing the
RAD-Issue before the county commission, especially the legal right of
everyone to vote, whether a property-owner or not! This ‘chor’
of ours went so far as to threaten the county commission that they might be ‘sued’ IF the private-citizen were
allowed to speak – i.e., let the private-citizen exercise his FREEDOM OF SPEECH
in a public meeting! Fortunately the
county commission did not listen to such stupid advice and the private-citizen
made his content known to all – AND HE MAY BE RIGHT – Acreage has nothing to do with voting!
Ironically enough, our ersatz ‘de facto-assistant-county-prosecutor’
neglected to mention to the county commission HIS OWN potential
conflict-of-interest in supposedly being a liaison for the commission AND at
the same time being a property-owner on the same mountain designated to become
a RAD! Like what else is new in this
county when it comes to ‘conflicts-of-interest’?
THE END OF THE COUNTY AS WE KNOW IT!
If anyone can remember, when
Intrawest first took over Snowshoe from a Japanese company almost two-decades
ago, the FIRST THING mentioned was the potential
to build a CASINO on the mountain! The SECOND THING was the WV-DOH did a ‘study to improve’ Rt. 92 between I-64 in Lewisburg and Corridor-H
in Elkins – and to include that into the plans for a four-lane from Canada to
the Gulf of Mexico! For the few that
actually read the proposal, the ‘improvement’ was to REPLACE RT. 92 WITH A FOUR-LANE RIGHT DOWN THE
VALLEY – wiping out all the farms in between! Due to an uproar of opposition, the proposed
projects fell into the shadows – but then along came the 2010 Winter Olympics
whereby Intrawest fell into a massive $1.5 BILLION DEBT and took on Donald
Trump as their controlling partner!
Trump as a self-styled developer
builds CASINOS and then sells them off, and now he has his own RAD and can do
whatever he wants – and the first will be to require a FOUR-LANE to get to HIS MOUNTAIN! Then build his Casino, sell it to Jim Justice
of The Greenbrier Inn, who will then
do to Snowshoe Mountain what he has done on the property in Greenbrier – BUILD
large homes for the super-rich on the back & surrounding acres! Goodbye ‘pristine-Pocahontas’
as the ole-folks once called this county!
Now we ask you, WHAT will the likes
of David McLaughlin & Bill Beard, Jr. really going to be able do about it
should they become the next county commissioners? Both have spent their entire adult life
chasing after the DERRIÈRE of COWS, and Dave has the added experience of ‘driving around
in circles’ delivering mail – SO WHAT DO THEY KNOW ABOUT GOVERNMENT?
THAT’S WHY…
On 04 NOVEMBER…there’s no excuse…
IT’S YOUR
CHOICE…
TO CHANGE THINGS FOR THE BETTER!
Just say ‘NO’ to
those who want to keep this county in Poverty & Pauperism
– and –
Just say ‘YES’ to
real Progress
& Prosperity for the future!
On Primary Day – YOU have a chance to elect two persons
that will always put YOU first! They know that:
THE
GREATER COMMON GOOD ALWAYS COMES BEFORE SELF OR ANY SELF-SERVING SPECIAL
INTERESTS!
Keep up to Date – Stay tuned to these Websites:
On 04 NOVEMBER it doesn’t matter how you are registered – YOU CAN VOTE
for:
CHARLES
WILFONG – ND
&
NORMAN
LEE ALDERMAN - SD
The Pocahontas Crier is an independent Internet News Service that has now endorsed
two candidates for County Commission
– CHARLES WILFONG & NORMAN LEE ALDERMAN –
in addition to providing in depth news reporting on important issues
directly affecting the Citizens of Pocahontas
County!
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authority, challenging corruption, and offering Common Sense Alternatives for The Greater Common
Good before Self or any Special Interests!
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Holl’r. ◄
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