Showing posts with label Hearing (law). Show all posts
Showing posts with label Hearing (law). Show all posts

Wednesday, July 24, 2013

Gloucester County Board of Supervisors above the law?

Open Letter to the Citizens of Gloucester County Virginia


Again, I had planned to return to the State Constitution today; however, reading several of Mr Thompson’s stories over the weekend I must deviate from my plan.

The Gloucester Board of Supervisors continues to show a lack of leadership capability.

 1.  They have either directly allowed the Animal Control Ordnance they changed in February to be ignored allowing the previous ordnance to stay on the site or indirectly by the staff, County Administrator and County Attorney, to do what they want and not update the site to reflect the new ordnance.

2.  They have given a raise to these two employees who it appears are incapable of updating or overseeing the updating of a simple website in violation of county ordnance and state code.

3.  Have put out a request for bids on a school, monument to stupidity, which is not needed by the county.  If the school is needed so badly why did they allow an elementary school to be closed – lack of students perhaps? And a functional middle school that could have been repaired and used to be destroyed.  Fraud, waste, and abuse comes to mind.

Mr. Thompson has in an article today that it appears the Board of Supervisors are in violation of their oath of office.  Should the County Administrator and County Attorney be considered also in violation for the ordnance not being updated?  Insurance companies and the Federal Government will not cover any expenses of employees/persons that are in violation of the law nor do I believe is the case of the state.  These people should be held personally responsible for any actions they perform that are in violation of the law or damages that result from these violations.

The oversight to updating/changing of the animal control ordnance seems to be a deliberate act.  The Gloucester-Mathews Gazette-Journal always reports public hearings and the results of these hearings especially if there is a change in the ordnance.  They have not reported a change to the county ordnance or that the county voted on the change and it was approved seven to zero.  Mr. Thompson has the open hearing and vote on his web site, because the same night some appearances of law infractions were also seen.  Why would the paper not report the ordnance change?  Because they knew the county had no intention of updating the ordnance?  These and other questions need to be answered.

The more I see of this board the more I am convinced that the citizens of the county should tell the Board at the open hearing for the school bond “WE ARE AGAINST TAKING ON ADDITIONAL DEBT by you and the school board until you can provide us with answers to why you need a new school and what it will be used for?  If we are closing an elementary school because of lack of students how does that justify the need for a new Middle school?  Because is not an answer, we want straight answers not babble.

I have a question – how do you put out a request for bid on the new school when you do not have the money approved?  Is it because you will approve the bond regardless of what people present to you at the hearing?

Our State Representative, Mr Hodges has not supported the Gloucester County Board of Supervisors in recent request they have made, specifically expanding the water/waste water operations.  Based on your actions he should continue to not support the Gloucester County Board of Supervisors.  This County deserves LEADERS like Mr. Hodges. 

After you tell the Board you do not support them going forward with the bond.  Tell the Gazette-Journal you will not support them if they do not report the news and cancel your subscription.  I am not a lawyer, but have questions that are not being answered.

 “For the Common Good. “

Sincerely,
Alexander James Jay

PS:  You can send email directly to me at AlexanderJamesJay@gmail.com  Do not send anything you would not want to be viewed on this blog.  I will withhold your name when sending letters to Mr Thompson.  Also friend me on Facebook Alexander James Jay in Gloucester, VA.
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Wednesday, May 8, 2013

Board of Supervisors Act Just In Time For Brew Jam Or Did They? Beware The Avon Criminals.


Just in time for the Blues and Brews Jam, the Gloucester Board of Supervisors pass an amendment to chapter 10-26 Peddlers; ordinance to allow the Blues and Brews Jam to fall under the umbrella of the Gloucester Main Street Preservation Trust.  Only one problem.  It is being presented by the Gloucester Main Street Association, INC.  https://docs.google.com/file/d/0B5NJpRCvjyV8Q013TFZCYWVteDQ/edit?usp=sharing  This is a link to a PDF page on the BrewJam Wordpress web site.  It shows that the Gloucester Main Street Association is sponsoring this event.  Did they pay the umbrella fee?  http://www.mainstreetbluesandbrews.com/brewjam/  This is the link to the BrewJam web site.  If no umbrella fee has been paid, will the county have someone out there collecting fees from all the peddlers?  Even a band can fall under peddler if they are selling merchandise such as CD's or T-Shirts.

  In fact, they can fall under peddler if any of the music has a theme that can be considered to promote an idea.  Are we getting carried away?  Well, take a look below at what the county has posted or check out the law from the State and you decide.    http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+58.1-3703  Link to state law, 58.1-3717.

  Some notes before going over the information below.  The county ordinance is based on State Law, 58.1-3717.  Let us explain that law to you before you read this.  Remember the days when folks used to knock on your door and try to sell you everything from vacuum cleaners to encyclopedias, soap to brushes?  Well the county has lost it's mind thinking that vendors has the same meaning as peddlers.  Here is the Wiki on peddlers.
https://en.wikipedia.org/wiki/Peddler

  Here is the Wiki on vendors:  http://en.wikipedia.org/wiki/Vendor_(supply_chain)  Even the people selling vacuum cleaners were vendors.  Peddlers are more like gypsies in terminology.  Everyone knows a peddler when they see one but it's very difficult to describe a peddler verses a vendor.  Are we to somehow believe that the Avon lady is now a peddler?  How many Avon criminals are presently working for the county that are breaking the county ordinance then?  Amway criminals?  Any multi level or direct sales marketing representative is now a criminal if they do not pay the county $500.00 annually?  Is the county paying a bounty on reporting anyone selling Avon without a peddlers license?

  Ted Wilmot is supposed to be an attorney able to understand the difference between peddler and vendor.  According to the below documents that come from the county web site, we can only come to one conclusion, Ted has no clue that there is a difference.  (WOW)!  Please go back to the drawing board on this one.    Oh and one last one, Itinerant; http://www.merriam-webster.com/dictionary/itinerant  Dictionary term.  So the bands playing at local venues of any type are itinerant.  Are bands being charged these fees?

  GLOUCESTER COUNTY MEETING DATE: May 7, 2013
BOARD OF SUPERVISORS AGENDA ITEM# : XIII – B

BOARD AGENDA ITEM

TYPE OF AGENDA ITEM: PURPOSE OF ITEM:

□ MINUTES OR CONSENT □ INFORMATION ONLY
□ PRESENTATIONS & REPORTS □ DISCUSSION ONLY
□ REGULAR □ DISCUSSION AND/OR DECISION

□ ADMINISTRATOR/ATTORNEY ITEMS □ Resolution □Bylaws

X PUBLIC HEARING X Ordinance □Grant/MOU

X Duly Advertised □By Motion

PRESENTER: Ted Wilmot TITLE: County Attorney

AGENDA ITEM: Public Hearing – Amendments to Chapter 10 – Peddlers; Itinerant Merchants

BACKGROUND / SUMMARY:

At the meeting of April 2, 2013, a request was made to consider additional amendments to Chapter 10, Section 10-26 – Peddlers; Itinerant Merchants. At your April 16, 2013 meeting, additional discussion was held concerning possible amendments to Section 10-26, and a Resolution was approved by the Board for the Clerk to Advertise a Public Hearing concerning additional amendments to Chapter 10, Section 10-26 for May 7, 2013.

ATTACHMENTS:

• Public Hearing Notice;
• List of Peddler and Itinerant Merchant license tax in other localities; and
• IRS Organization Reference Chart
• Draft Ordinance with alternative provisions;
REQUESTED ACTION: □ NO ACTION REQUESTED
Public Hearing and consideration of Ordinance amendments

FOR MORE INFORMATION, CONTACT:

Name: Ted Wilmot Mailing Address: P. O. Box 1309, Gloucester, VA Phone#: 804.693.5575

FOR USE DURING MEETING: VOTE: □APPROVAL □DENIAL
Y N Y N Y N
□ □ Borden □ □ Hutson □ □ Northstein
□ □ Chriscoe □ □ Orth □ □ Theberge
□ □ James
January 2012 Note: Please confine summary to one page.
Page 81


PUBLIC HEARING NOTICE
Pursuant to Virginia Code Section 15.2-1427, the Gloucester County Board of Supervisors will
conduct a Public Hearing on May 7, 2013, beginning at 8:00 p.m. in the Colonial Courthouse, 6504
Main Street, Gloucester, Virginia to consider the following:
AN ORDINANCE AMENDING GLOUCESTER
COUNTY CODE CHAPTER 10, LICENSES,
SECTION 10-26. PEDDLERS; ITINERANT MERCHANTS
Currently, Section 10-26 of the Gloucester County Code imposes a $500.00 annual business license
tax on peddlers and itinerant merchants, as defined by Virginia Code Section 58.1-3717, except for
peddlers and itinerant merchants exempt from taxation pursuant to state law and the County Code.
On April 2, 2013, the Board passed an amendment to Section 10-26 which allows for the purchase of
an “umbrella” license, covering all itinerant merchants participating in any event at which more than
two itinerant merchants participate, in the same general location, for a period of five or fewer
consecutive days. That ordinance amendment also exempted from the license tax vendors at any 
event sponsored by the County, the County School Board, or by a bona fide religious or charitable 
501(c)(3) organization.
The Board will now consider, at the public hearing referenced above, whether to further amend
Section 10-26 in one or more of the following respects:
1. Exempt from the license tax imposed by Section 10-26 vendors at any event sponsored by 
organizations properly registered and organized pursuant to other Internal Revenue 
Service 501(c) categories (in addition to 501(c)(3) entities). Under the current IRS code, 
there are 29 categories of 501(c) organizations. Any ordinance resulting from the public
hearing may exempt vendors at events sponsored by one or more of these other
categories of organizations; and/or
2. Reduce the Peddler/Itinerant Merchant tax from $500.00 annually to some lower amount,
and/or reduce the amount charged for the “umbrella” license pursuant to the April 2, 2013
amendment.
Due to the multiple possible amendments which may result from this public hearing, a finalized text of
the resulting ordinance does not exist. However, the materials associated with this matter are
available for review at the Gloucester County Administrator’s office at 6467 Main Street, Gloucester,
Virginia, on the web at www.gloucesterva.info and at both branches of the Gloucester County Library
- Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York
Crossing Drive, Gloucester Point, Virginia.
All interested parties are invited to attend the hearing to express their views. Persons requiring
assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804)
693-4042.
Brenda G. Garton,
County Administrator
Page 82Peddlers; Itinerant Merchants
License Tax Per Year:
Gloucester County $500.00
Caroline County $500.00
Hampton (City) $500.00
Hopewell (City) $500.00
Isle of Wight County $500.00
James City County $500.00
Mathews County $200.00
Middlesex County $150.00
New Kent County $250.00
Newport News (City) $325.00
Norfolk (City) $500.00
Virginia Beach (City) $500.00
Williamsburg (City) $500.00
York County $500.00
Page 83Organization Reference Chart
. Section of Application Annual return Contributions
•1986C d
!
o e escrlp 'rIon organ I za tion enera na ure a ct" IV 18S arm o. req u' Ire dt
filed
allowable
I501 (c)(1) Corporations Organized under Act
of Congress (including Federal Credit
Unions)
Instrumentalities of the
United States
No Form None Yes, if made for
exclusively
public purposes
501 (c)(2) Title Holding Corporation For
Exempt Organization
Holding title to property of an
exempt organization
1024 990 or 990-EZB N02
501 (c)(3)
I
501 (c)(4)
Religious, Educational, Charitable,
Scientific, Literary, Testing for Public
Safety, to Foster National or
International Amateur Sports
Competition, or Prevention of Cruelty
to Children or Animals Organizations
Civic Leagues, Social Welfare
Organizations, and Local
Associations of Employees
Activities of nature implied by
description of class of organization
Promotion of community welfare;
charitable, educational, or recreational
1023
1024
990 or 990-EZB,
or 990-PF
990 or 990-EZB
Yes, generally
No, generally 2.3
501 (c)(5) Labor, Agricultural, and Horticultural
Organizations
Educational or instructive, the
purpose being to improve conditions of
work, and to improve products of
efficiency
1024 9901 or 990-EZB N02
501 (c)(S) Business Leagues, Chambers of Improvement of business 1024 990 or 990-EZB N02
Commerce, Real Estate Boards, conditions of one or more lines of
etc. busmess
501 (c)(7) Social and Recreational Clubs Pleasure, recreation, social activities 1024 9901 or 990-EZB N02
501 (c)(8) Fraternal Beneficiary Societies Lodge providing for payment of life, 1024 9901 or 990·EZB Yes, if for certain
and Associations sickness, accident or other benefits Sec. 501 (c)(3)
to members purposes
S01(c)(9) Voluntary Employees Beneficiary Providing for payment of life, sickness, 1024 9901 or 990-EZB N02
Associations accident, or other benefits to members
S01(c)(10) Domestic Fraternal Societies Lodge devoting its net earnings to 1024 990 or 990-EZB Yes, if for certain
and Associations charitable, fraternal, and other Sec. 501 (c)(3)
specified purposes. No life, sickness, or purposes
accident benefits to members
S01 (c)(11) Teachers' Retirement Fund
Associations
Teachers' association for payment of
retirement benefits
No FormS 9901 or 990-EZB N02
501 (c)(12) Benevolent Life Insurance
Associations, Mutual Ditch or
Irrigation Companies, Mutual or
Cooperative Telephone Companies,
etc.
Activities of a mutually beneficial
nature similar to those implied by the
description of class of organization
1024 990 or 990-EZB N02
IS01 (c)(13) Cemetery Companies Burials and incidental activities 1024 990 or 990-EZB Yes, generally
501 (c)(14) State-Chartered Credit Unions,
Mutual Reserve Funds
Loans to members No FormS 9901 or 990-EZB N02
501 (c)(1S) Mutual Insurance Companies or
Associations
Providing insurance to members
substantially at cost
1024 990 or 990-Eza N02
S01 (c)(1S) Cooperative Organizations to
Finance Crop Operations
Financing crop operations in
conjunction with activities of a marketing
Form 1120-Cs 9901 or 990-EZB N02
or purchasing association
501 (c)(17) Supplemental Unemployment
Benefit Trusts
Provides for payment of
supplemental unemployment
compensation benefits
1024 990 or 990-EZB N02
501 (c)(18) Employee Funded Pension Trust
(created before June 2S, 1959)
Payment of benefits under a
pension plan funded by employees
No FormS 9901 or 990-EZB N02
Page 72 Chapter S How To Get Tax Help
Page 84Section of
1986 Code Descrip1ion of organization General nature of activities
Application
Form No.
Annual return
required to be
filed
Contributions
allowable
501 (c)(19) Post or Organization of Past or
Present Members of the Armed
Forces
Activities implied by nature of
organization
1024 990 or 990-EZ8 No, generally7
.501(c)(21)
I
. 501 (c)(22)
Black Lung Benefit Trusts
Withdrawal Liability Payment Fund
Funded by coal mine operators to
satisfy their liability for disability or
death due to black lung diseases
To provide funds to meet the
liability of employers withdrawing from
a mUlti-employer pension fund
No Form
No Form6
990-BL
9901or 990-EZ8
N04
NoS
501 (c)(23) Veterans' Organization (created
before 1880)
To provide insurance and other
benefits to veterans
No Form6 990 or 990-EZ8 No, generally7
i 501 (c)(25) Title Holding Corporations or Trusts
with Multiple Parent Corporations
Holding title and paying over
income from property to 35 or fewer
parents or beneficiaries
1024 990 or 990-EZ8 No
501 (c)(26) State-Sponsored Organization
Providing Health Coverage for
High-Risk Individuals
Provides health care coverage to
high-risk individuals
No Form6 990 or 990-EZ8 No
501 (c)(27) State-Sponsored Workers'
Compensation Reinsurance
Organization
Reimburses members for losses
under workers' compensation acts
No FormS 990 or 990·EZ8 No
i 501 (c)(28) National Railroad Retirement Manages and Invests the assets of the No Form None NOll
Investment Trust Railroad Retirement Account
501 (c)(29) CO·Op health insurance issuers A qualified health insurance issuer TBD 990 or 990-EZ8 N013
which has received a loan or grant
under the CO·Op program
501 (d) Religious and Apostolic Associations Regular business activities;
Communal religious community
No Form 1065 N02
501 (e) Cooperative Hospital Service
Organizations
Performs cooperative services for
hospitals
1023 990 or 990-EZ8 Yes
501 (f) Cooperative Service Organizations Performs collective investment 1023 990 or 990-EZS Yes
! of Operating Educational
Organizations i
services for educational organizations
i 501(k) Child Care Organizations Provides care for children 1023
1501(n) Charitable Risk Pools Pools certain insurance risks of sec.
501 (c)(3) organizations
1023 990 or 990-EZ8 Yes
501(q) Credit Counseling Organization Credit counseling services 1023 1023 No
521 (a) Farmers' Cooperative Associations Cooperative marketing and
purchasing for agricultural procedures
1028 990-C No
527 Political organizations A party, committee, fund,
association, etc., that directly or
indirectly accepts contributions or
makes expenditures for political
campaigns
8871 1120·POLlO
9901 or 990·EZ8
No
Chapter 6 How To Get Tax Help Page 73
Page 85AT A MEETING OF THE BOARD OF SUPERVISORS OF GLOUCESTER
COUNTY, VIRGINIA, HELD ON TUESDAY MAY 7, 2013, AT 8:00 P. M., AT
THE COLONIAL COURTHOUSE, 6504 MAIN STREET, GLOUCESTER,
VIRGINIA: ON A MOTION MADE BY _____________________, AND SECONDED
BY ______________________, THE FOLLOWING ORDINANCE WAS ADOPTED
BY THE FOLLOWING VOTE:
Carter M. Borden, ____;
Ashley C. Chriscoe, ____;
Christopher A. Hutson, ____;
Andrew James, Jr., ____;
John H. Northstein, ____;
Robert J. Orth, ____;
Louise D. Theberge, ____;
AN ORDINANCE AMENDING GLOUCESTER
COUNTY CODE CHAPTER 10, LICENSES
SECTION 10-26 – PEDDLERS; ITINERANT MERCHANTS
 WHEREAS, the provisions of Gloucester County’s Code governing the
assessment and collection of business license taxes are contained in
Gloucester County Code, Chapter 10; and
WHEREAS, Gloucester County is authorized to assess business license
taxes pursuant to Chapter 37 of Title 58.1 of the Code of Virginia, as amended;
and
WHEREAS, most jurisdictions in the Commonwealth assess such
business license taxes, and Gloucester County has assessed such taxes since
at least 1968; and
WHEREAS, a duly advertised public hearing was held on May 7, 2013 to
receive public comment regarding proposed amendments to Gloucester County
Code Chapter 10 – Licenses, Section 10-26 - Peddlers; itinerant merchants;
and
WHEREAS, the Board is desirous of amending Chapter 10, Section 10-
26 of the Gloucester County Code.

NOW THEREFORE BE IT ORDAINED AND ENACTED that Gloucester
County Code Chapter 10 – Licenses, Section 10-26 – Peddlers; itinerant
merchants, is hereby amended as follows:
Sec. 10-26. Peddlers; itinerant merchants.
Page 86(a) Except as otherwise provided, any peddler or itinerant merchant shall
pay an annual license tax of five hundred dollars ($500.00), [OPTION 1:
amend to some lower amount] except that no county license shall be required
of persons who sell or offer for sale in person or by their employees, ice, wood,
charcoal, meats, milk, butter, eggs, poultry, fish, oysters, game, vegetables,
fruits, or other family supplies of a perishable nature, or farm products grown
or produced by them and not purchased by them for sale.
An “umbrella” license, covering all participating itinerant merchants, may be
obtained for any event at which more than two (2) itinerant merchants
participate, in the same general location, for a period of five (5) or fewer
consecutive days. [OPTION 2: Add the following sentence, inserting the
amount: The license fee for an “umbrella” license shall be _________
dollars ($___.__) per event.]

(b) Location. Subject to zoning and other applicable laws and regulations, all
peddlers and itinerant merchants licensed under this chapter may sell or offer
for sale their goods, wares, or merchandise on any street, or other public place
within the county except that no peddler or itinerant merchant licensed under
this chapter shall be permitted to sell or offer for sale his goods, wares or
merchandise on U.S. Route 17 or State Route 14 unless a minimum of three (3)
clearly marked parking spaces, located outside of or off of the state maintained
right-of-way, are provided or otherwise available.
(c) The license tax imposed on peddlers or itinerant merchants or on
peddlers at wholesale shall not apply to:
1. A licensed wholesale dealer who sells and, at the time of such sale,
delivers merchandise to retail merchants;
2. A distributor or vendor of motor fuels and petroleum products;
3. A distributor or vendor of seafood who catches seafood and sells
only the seafood caught by him;
4. A farmer or producer of agricultural products who sells only the
farm or agricultural products produced or grown by him;
5. A farmers' cooperative association;
6. A manufacturer who is subject to Virginia tax on intangible
personal property who peddles at wholesale, only the goods, wares or
Page 87merchandise manufactured by him at a plant, whose intangible personal
property is taxed by this Commonwealth.;
7. Vendors at any event sponsored by the county or the county school
board, or any or all agencies or entities thereof; and
8. Vendors at any event sponsored by any bona fide religious or
charitable 501(c)(3) organization.
[OPTION 3 (a): change to – all 501(c) organizations];
[OPTION 3 (b): add – 501(c)(4) and 501(c)(6)]; or
[OPTION 3 (c): add –501(c)(4), 501(c)(6), and 501(c)(__)].
 (d) Every person claiming to be exempted from having to secure a license
required by subsection (a) of this section shall on or before January first of
each year, file with the assessing official, a certificate under oath, on a form to
be prepared by the assessing official, in which shall be given the name and
post office address of the person filing the certificate, the location of the land on
which the family supplies of a perishable nature are produced, whether the
person filing the certificate is owner thereof, or renter, and in the latter case,
the name of the landlord or owner and the time from which and to which the
lease is to run.
(e) Upon receipt of a certificate, as provided for in subsection (d) above, and
such other evidence under oath as may be sufficient to establish the fact that
the person filing such certificate is entitled to an exemption under subsection
(a) above, the assessing official shall furnish to such person a tag suitable to be
displayed on his vehicle on which shall be printed, "County of Gloucester,
Producer No. _________," together with the year for which issued. Such
producer or grower shall display such tag conspicuously on his vehicle in a
prominent position so that it can be easily read at all times while such
producer is engaged in selling or offering for sale any family supplies
mentioned within subsection (a) above, within this county.
(f) The assessing official may administer the oaths required by subsection
(d), and (e) of this section.
A Copy Teste:
________________________________________
 Brenda G. Garton, County Administrator
Page 88

Great, now figure out the difference in terminology of peddler and vendor and get back to all of us.  Until then the county does not have a right to collect these taxes pursuant to this ordinance as it does not comply with the Dillon Rule or state laws from what we see.  But then again we are not attorney's.  Beware the Avon Criminals.  Local bands are all criminals then?  Anyone realize this?  Johnny Rockstar goes to jail for not paying Gloucester County Itinerant fees?  Anyone in the county have a son in a band?  Hey, does that mean that school bands and sporting events are also itinerant criminals too?


Free MP3 Download - SoundArt - Drum With Rum.  A silly techno beat tune.  Fun music.  We needed something silly to go along with this article.
https://docs.google.com/file/d/0B5NJpRCvjyV8OFNJV1ZJakY3TG8/edit?usp=sharing  Our way of saying thanks for spending time with us.  CC Lic attrib/non comm. share alike distribution.



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