Showing posts with label Virginia Code. Show all posts
Showing posts with label Virginia Code. Show all posts

Friday, October 24, 2014

Open Letter to the Citizens of Gloucester County Virginia

Open Letter to the Citizens of Gloucester County Virginia

Your meetings seem to get more interesting overtime. Where can you go to a county meeting to talk about a “cat house”? Did you not go to or see the meeting. Check out the video.



"The Land of the Life Worth Living" for everyone in the county.
If you have not seen this meeting it is available on Mr. Thompson’s website. I cannot do justice to what was shared in the meeting. But here are a few highlights to whet your appetite.




At hour 3 in the meeting Mr “Ted” Wilmot, you know his complete name with out me have to write it out, started discussing changes to the Animal Control Ordinances to bring them into compliance with Virginia Code. He used phrases like: “consistent with state definition”, “track state code definitions”, “track precisely with state code”.

Now after hearing him use these phrases I have to wonder why Gloucester County Ordinance Chapter 3 Section 3-18 is still part of the code?

Amend Section 3-18 as follows:
Sec. 3-18. Animals in enclosed vehicles.
(a) It shall be unlawful to leave any animal in a vehicle without the
benefit of air conditioning when the outside temperature reaches
eighty (80) degrees fahrenheit or greater.
(b) Any person who confines an animal in an unattended vehicle so as
to cause the animal to suffer from heat stress, shall be guilty of a
Class 1 misdemeanor. The animal control officer or other officer
shall have the authority to remove any animal foundleft in an
enclosed a vehicle that appears to be suffering from heat stress.
The animal shall be provided immediate veterinary care. The
animal owner or custodian shall be responsible for all expenses
incurred during the removal of the animal or its subsequent
treatment and impoundment.
(c) In the event that the person responsible for the violation cannot be
ascertained, the registered owner of the vehicle, as required by
Chapter 6 of Title 46.2 of the Code of Virginia, shall constitute in
evidence a prima facie presumption that such registered owner
was the person who committed the violation.”



Virginia Code Title 3.2 Chapter 65 Comprehensive Animal Care (3.2-6500 thru 3.2-6590) and specifically 3.2-6508 Transporting animals; requirements; penalty.

"§ 3.2-6508. Transporting animals; requirements; penalty.

A. No owner, railroad or other common carrier when transporting any animal shall allow that animal to be confined in any type of conveyance more than 24 consecutive hours without being exercised, properly rested, fed and watered as necessary for that particular type and species of animal. A reasonable extension of this time shall be permitted when an accident, storm or other act of God causes a delay. Adequate space in the primary enclosure within any type of conveyance shall be provided each animal depending upon the particular type and species of animal.

B. No person shall import into the Commonwealth, nor export from the Commonwealth, for the purpose of sale or offering for sale any dog or cat under the age of eight weeks without its dam.

C. Violation of this section is a Class 1 misdemeanor. “

I do not see anything that looks like the county code in this section or as Mr. Wilmot would say “consistent with state definition”, “track state code definitions”, “track precisely with state code”. Does Mr. Wilmot know we live in a Commonwealth and not a state? Inquiring minds want to know?

Lets look further: 3.2-6566 Preventing cruelty to animals; interference; penalty

Ҥ 3.2-6566. Preventing cruelty to animals; interference; penalty.

Each animal control officer, humane investigator or State Veterinarian's representative shall interfere to prevent the perpetration of any act of cruelty upon any animal in his presence. Any person who shall interfere with or obstruct or resist any humane investigator or State Veterinarian's representative in the discharge of his rights, powers, and duties as authorized and prescribed by law is guilty of a Class 4 misdemeanor. “

Not here either. Lets continue: 3.2-6568 Power of search for violations of statutes against cruelty to animals

Ҥ 3.2-6568. Power of search for violations of statutes against cruelty to animals.

When an affidavit is made under oath before a magistrate or court of competent jurisdiction by any animal control officer, humane investigator, law-enforcement officer, or State Veterinarian's representative that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been, are being, or are about to be violated in any particular building or place, such magistrate or judge, if satisfied that there is reasonable cause for such belief, shall issue a warrant authorizing any sheriff, deputy sheriff, or police officer to search the building or place. After issuing a warrant under this section, the magistrate or judge shall file the affidavit in the manner prescribed by § 19.2-54. After executing the warrant, the animal control officer, humane investigator, law-enforcement officer, or State Veterinarian's representative shall return the warrant to the clerk of the circuit court of the city or county wherein the search was made. “

I believe Section 3-18 paragraph (b) violates Virginia Code. Does Mr. Wilmot have a real law degree and everything or did he just forget to stop at a “Bar” or was that pass a bar? Maybe his vast staff did this work and he did not check it to make sure it was legal?

I cannot find in Virginia Code where this is a legal ordinance. Lets look at the proposed ordinance to see what it says:

Animals in enclosed vehicles.

(a) It shall be unlawful to leave any animal in a vehicle without the
 benefit of air conditioning when the outside temperature reaches eighty (80) degrees fahrenheit or greater.”

This says animals in a vehicle a horse trailer back of an open pickup truck, etc. if it is 80 degrees Fahrenheit or greater you can have your animal taken with this new change if you do not have air conditioning. When are the animal control vehicles going to meet this requirement. Bring them into compliance and then consider 3-18 after it is made part of the Virginia Code.

If the Board considers passing this they are “criminals with no regards for the rule of law”? I believe your oath of office state you will uphold the US and Virginia Constitution and laws. This does not appear to meet those requirements?


If you want to hear about these changes listen at hour 3 for about 10 minutes and learn about the county's position on cat houses.

I am not a lawyer and cannot give legal advice. Our founding fathers used common sense and Christian scripture when establishing our founding documents. This change does not meet either of these., you decide?

"The Land of the Life Worth Living" for everyone in the county.

Sincerely,
Alexander James Jay

P.S. So why are we hiring another Animal Control Officer don't the ones we have get in enough mischief without needing another one?


"Bigotry is the disease of ignorance, of morbid minds; enthusiasm of the free and buoyant. Education and free discussion are the antidotes of both." --Thomas Jefferson, letter to John Adams, 1816


"Man, once surrendering his reason, has no remaining guard against absurdities the most monstrous, and like a ship without rudder, is the sport of every wind. With such persons, gullibility, which they call faith, takes the helm from the hand of reason and the mind becomes a wreck." --Thomas Jefferson, letter to James Smith, 1822


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Friday, September 26, 2014

Gloucester, VA Board of Supervisors &School Board Joint Meeting With Notes, Sept. 2014




Open letter to Gloucester County.

In the July and first September Board of Supervisors (BOS)  meeting I spoke during the citizen comment period and gave the BOS a list of things they need to do to make Gloucester County "The Land of the Life Worth Living."

Based on the grades on the two report cards I was told that I should provide you with ways to improve your grades. 

Before I do that I have to make a comment about the September 16th joint meeting.  Does anyone on the School Administrative staff have a degree of any kind?  The staff went into joint meeting with the Board of Supervisors totally unprepared.  I know I would not have any degree if I went into a test as unprepared as the School Board Staff was last night.  With the salaries we pay can’t we get someone with a degree or at least someone that knows why they are going to a meeting as employees?  If I was a member of the School Board I would be embarrassed.

I am going to look at the second item that I am grading the BOS with:  Hold Department Heads and Supervisors to high standards and get rid of them when they break the rules.  You cannot hold lower level employees to high standards if they are not practiced at the higher levels.

There were numerous examples provided in the two September meetings.

I will start with the meeting on the 16th.  The School Board staff did a great job of not having prepared anything in my opinion with a standard answer that we will get back with you later with an answer.  Do not have any more meetings with them if they do not come prepared as it's a total waste of your time.  If they do, tell them the meeting is over and that you will develop a budget for them without their input.  You give them about $10 million less than they want one year and maybe they will get the hint they need to provide open and honest communications with you.  I do not think it will happen a second time.

In my opinion the County Staff is equally lazy and predictable and like to talk in circles for several minutes without answering your questions hoping you will forget the question or answer they are not responsible.

First, tell them you want an executive summary answer, 20 words or less, and if you need more information you will ask another question again with a short answer.  I like what Mr. Meyer said about the flood document that it needed to be a pamphlet that anyone could read quickly and not a novel as it currently exist.  Hold the staff accountable and make them reduce the document to a size anyone can read and understand; we are not paying them by the pound.  What are they trying to hide?  If it is above the 6th – 8th grade reading level they are trying to hide something.  This is the level that most documents are written that are readily used by most of the population.  Above this level it is a coffee table book that is not read.

Second, when you have employees that tell you they are not responsible for what they are presenting to you?  Tell them it is with great sorrow that you accept their resignation effective immediately?  I think it was an ms ditzy that said that; I would have to go back to the agenda to get the persons actual name.  If they are responsible for preparing the document and tell you something like that then they are very much overpaid and need to leave.

Third, when they do this;  stop the speaker telling them they are done; then ask Ms. Garton to get someone qualified to make the presentation.

If you use these suggestions I do not think you will continue to have problems getting answers and employees giving you the required respect.

I am a tax payer and you need to be held accountable to “We the People”.

I have a voter registration card and know how to use it.
Respectfully submitted by

Wayne Crews
Gloucester Point District

P.S.  The school population is increasing because of the new superintendent? What has he done for us for him to make this kind of statement and can he provide proof he is responsible?  You have to go to the meetings or watch them on TV.  More entertaining than anything else on TV in the time slot.  I think the meeting made the top Nelson rating for the night in the time slot if not it should have.



Friday, September 12, 2014

Gloucester, VA Board of Supervisors Meeting, Notes, Report Card For September, 2014




Notes for citizen comment during the Sept 2, 2014 Gloucester County Board of Supervisor meeting. (This is not an exact transcript of what was said but the notes used to make comments)

Chairman Orth, members of the Board, Ms. Garton, Mr. Wilmot

Wayne Crews

During the July BOS meeting I told you in my opinion there are five things to do to fix the problem in the county.

1.  Supervisor Integrity.

2.  Hold Department Heads to high standards.

3.  Stop personal use of government vehicles.

4.  Be good stewards of the resources.

5.  Bring County Ordinances into compliance with Virginia Code

Tonight I want to talk to you about two items.

First about being good stewards of resources.  The board has no problems spending money as you just showed with the consent agenda spending about $300K of taxpayers money on lights for a new park.  I have no issues with this [funds were donated].  Who will pay for the use of these lights?

Why are we not maintaining existing facilities?  For example: at Gloucester Point Beach the fences around the sand dunes are in poor shape and look bad.  The gazebo has peeling paint and graffiti that needs to be cleaned and painted.  Not to pick on parks and Rec.  The County garage on Rt 17 across from Providence Road is in need of a coat of paint at a minimum.  The Public Utilities facility is a disgrace and does not have functioning water and sewage.  These are just a few examples of things we need to maintain before buying new and expanding.

My second item is County Ordinance.  It appears to me it is too much to expect our County Attorney and Administrator and staffs to stay current with Virginia Code.  We get notices in the newspapers in June so we know what has changed.  We have to obey these new laws when they come into effect each July.  Why is it at the Sept BOS meeting there are no changes to County Code being discussed?  Also, it appears they have no issues writing ordinances that could endanger Animal Control Officers while enforcing Ordinances that are not in compliance with Virginia Code.


How to Fix This?
Here is what you need to do:

1.  Integrity at the Board of Supervisors level.
Quit voting for things that benefit you over the county.

2.  Hold Department Heads and Supervisors to high standards and get rid of them when they break the rules.  You cannot hold lower level employees to high standards if they are not practiced at the higher levels.

3.  Fire employees on the spot if they use vehicles for personal business, except in the case of an emergency and the employee better contact the supervisors before the supervisor contacts them.  No shopping, banking, and fast food restaurants in county vehicles.  If trash is found in the vehicle from these places the employee needs to receive the same punishment.

4.  Quit wasting taxpayers money.  The Board of Supervisions and all county employees need to be good stewards of the resources.

5.  Bring County Ordinances into compliance with Virginia Code.  Mr. Wilmot can help you with this if not consider hiring a competent county attorney.

Thank you.

This is presented as notes used during the citizen comment period during the Sept 2, 2014 Gloucester County Board of Supervisors meeting and not as a transcript of the actual talk.  To get transcript please see the BOS video or County minutes.

Submitted by Wayne Crews


P.S.  It was interesting to see Mr. Chriscoe's reaction when he heard he just voted to spend money in the consent agenda as well as finding out how much of a socialist he is by his positions during the meeting.

BOS Report Card

In the July meeting I spoke during the citizen comment period and gave the BOS a list of things they need to do to make Gloucester County "The Land of the Life Worth Living."


Until they fix the items  I think they need to be graded on their progress.  So I will grade them on the five items.  Maybe the School Board needs to be graded on the same items; I would but until they get above a “F” I will not waste my time.  I will keep track so we can present your grade when your next election comes up.

If any of the board members feels the grades are not fair I will consider their appeal.


1. Integrity at the Board of Supervisors level
Quit voting  or things that benefit you over the county.



Overall

D-

D-

















Aug 14

Sept

Oct

Nov

Dec

Jan 15

Feb

Mar

Apr

Robert Orth

A

D-















Christopher Hutson

F

D-















Ashley Chriscoe

F

D-















Andrew James, Jr.

F

D-















Michael Winebarger

F

D-















John Meyer, Jr.

F

D-















Phillip Bazzani

F

D-















Comment:             Aug - Dr. Orth did not vote for Ernest Lane.  Absent that night.
                        Sep - Why do you think more government intrusion into our lives is better?

2. Hold Department Heads and Supervisors to high standards and get rid of them when they break the rules.  You cannot hold lower level employees to high standards if they are not practiced at the higher levels.




Aug 14

Sept

Oct

Nov

Dec

Jan 15

Feb

Mar

Apr

Overall

F

F















Comment:        
Aug - Nothing has been fixed.
            Sept - Allowed department heads and supervisors to get away with not answering your questions.

3. Fire employees on the spot if they use vehicles for personal business, except in the case of an emergency and the employee better contact the supervisors before the supervisor contacts them.  No shopping, banking, and fast food restaurants in county vehicles.  If trash is found in the vehicle from these places the employee needs to receive the same punishment.




Aug 14

Sept

Oct

Nov

Dec

Jan 15

Feb

Mar

Apr

Overall

F

D+















Comment:
Sept - Appears employees are not going out to eat, however, they are still finding places to go to not work, cruising the beach.  Many different vehicles, departments cruising not including those that were actually there for work.   One month does not show a fix but it is trending in the correct direction.

4.  Quit wasting taxpayers money.  The Board of Supervisions and all county employees need to be good stewards of the resources.


Overall

D-



















Aug 14

Sept

Oct

Nov

Dec

Jan 15

Feb

Mar

Apr

Robert Orth

A

F















Christopher Hutson

F

F















Ashley Chriscoe

F

F















Andrew James, Jr.

F

F















Michael Winebarger

F

F















John Meyer, Jr.

F

F















Phillip Bazzani

F

F















Comment:
 Aug - Dr. Orth did not vote for Aberdeen Creek.  Absent that night.
Sept Continuing to make rules that cost taxpayers money.  Government intrusion into property rights.  Taking property from land owners on Rt. 17 without compensation.  Restricting property owners us of their property.

5.  Bring County Ordinances into compliance with Virginia Code.  Mr. Wilmot can help you with this if not consider hiring a competent county attorney.




Aug 14

Sept

Oct

Nov

Dec

Jan 15

Feb

Mar

Apr

Overall

F

F-



































Comment: 
Aug – Who told you voting for Ernest Lane was a good idea?
            Sept Mr. Winebarger wanting to add a leash law to a subdivision and people did not want it, but not willing to fix County ordinances.  Increasing liability to the county being sued for illegal laws.

I am a tax payer and you need to held accountable to “We the People”.

I have a voter registration card and know how to use it.
Respectfully submitted by

Wayne Crews
Gloucester Point District

P.S.  Why is it you can all ask tough questions when I come up there and speak but not when I am watching from home?