Showing posts with label County Attorney. Show all posts
Showing posts with label County Attorney. Show all posts

Friday, November 15, 2013

Gloucester, VA Board of Supervisors Meeting Video Nov. 2013




We are running late putting up a copy of this video as we took the week off for meetings and some rather deep investigations.  This particular BoS meeting is rather short compared to many in the past.  It has it's laughs however.  Twitching Ted, (I'm not an attorney), Wilmot, court jester was allowed to speak in this meeting.  Of course he was presenting a new ordinance that seems to be in clear violations of the Dillon rule, hence state code, so even though he has learned to control his hands better than in the past, his facial twitches and deep swallows were still evident that he was less than comfortable with his presentation of the ordinance choices he drafted.  As we keep saying, if you have to go up against an attorney, this is the guy you want to go up against.  You can easily read him like a book.   Sorry Ted, you are still not ready for the prime time players.

The laughing jester // Art museum of Sweden, S...
The laughing jester // Art museum of Sweden, Stockholm (Photo credit: Wikipedia)



 You can also catch a good laugh as both Hutson and Theberge try to force the private chambers for the judge's personal cars down the taxpayers throats.  Kudos to Chrisco for not allowing it and forcing it over to CPI where it belongs.

  The big question we still have is why is this board trying to go out with passing yet further ordinances that in every way appear as such blatant violations to state code?  Are they trying to go out with maximum damage to the taxpayers?  Be sure to thank them for all the money they have taken out of your pocket for years to come.  If we continue to see this kind of garbage, Gloucester will get renamed Tumbleweed county as everyone flocks to leave because of the ridiculous taxes and lack of return on investments from those higher taxes.

In our opinion, Gloucester is still a prefered place to live on our list with only a handful of places throughout the state that also include a few minor hidden sections around Williamsburg, James City County and York County and maybe a few choice areas around Charles City county and New Kent County, otherwise the rest of the state has fun places to play, but not to live.  The rest of the list for us is short on a national level and only includes minor selections in PA, Florida and Georgia.  Everywhere else we have been are just not our cup of tea.  Sure there are a lot of great places throughout the nation to play in, but living there, no thanks.

  Gloucester has key amenities in place in select sections of the county and is sustainable for a gated bedroom community.  It is not self sustaining and if it were made to be self sustaining, then it would be lost as a prefered location as it would become overpopulated with numerous undesirable elements.  Is anyone looking for an extension of Newport News here or Williamsburg for that matter?

  Controlled growth is needed, but it must be smart and not at tremendous costs to the taxpayers and for the benefit of the few within the county.  The county right now is very blessed with tremendous talent.  A talent that needs to be taken advantage of for the good of the county overall and not abused by the county.  It is our sincere hope that the new Board of Supervisors will be bringing the proper mix of talent and dedication to clean up the mess that is being left to them and that the present board members follow the new lead coming in.  We are also hoping that the new board members resist the Rotary club indoctrinations as well, but there is no way to know that right off.  Time will tell.
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Monday, November 4, 2013

Gloucester, VA Board of Supervisors Consider Ordinance To Cheat The IRS?

Gloucester, Virginia:  The Board of Supervisors to consider changes to it's local ordinance that has not been in compliance with state code is now being considered for change.  The wording still does not reflect state code which would mean in our book, a violation to the Dillon Rule and further seeks to sell guns, under certain circumstances, for one dollar each.

  Now on the one hand to be as fair as possible on the one dollar gun sale, we can go along with it under proper considerations.  According to the new ordinance being considered, a Sheriff's deputy can buy his firearm from the county, after 20 years of service, and upon retirement from service, for one dollar.  If a deputy retires before 20 years of service, and after 15 years of service according to the new ordinance, the deputy can buy the gun at fair market value.

  Here is where there is a real problem with the 20 year plan.  It's at taxpayer expense.  Now, if the gun, after 20 years of service, is at a fair market value of let's say $250.00, that is a loss of $249.00 per person, who retires, to the taxpayers.  Now if the ordinance took into consideration the tax ramifications of this ordinance, then wording should have been put into the documents being considered that the one dollar purchase consideration is with the note that the remaining balance of the the fair market value will be added to the compensation  of the retiring officer for tax purposes.

  In other words, no free rides.  We are not looking to take anything away from anyone who has committed a life to law enforcement.  There are plenty of deserving law enforcement officers that should get a fair break.  The tax compensation liability is still more than fair and much less than paying fair market value and is still fair to all taxpayers.  Under present consideration however, the county has the documents that fail to take this aspect into consideration which to us is cheating the taxpayers not only of the county, but the state and at the federal level as well.  It's still compensation and must be factored in.  The ordinance as it is worded is a free ride and cheats everyone.

  Further, state code does not recognize Animal Control as deserving any considerations for the purchase of handguns at anytime from what we have read.  Even if the county allows it with this ordinance change, it has become to late for ex Animal Control officer, Carl Shipley, to fall into the new ordinance to purchase his handgun.  Is the Board of Supervisors going to go out violating more state codes and potentially cheating the taxpayers and the state along with the IRS?  This Tuesday's board meeting will be a very telling tale.

Also, how could county attorney, Twitching Ted (I'm Not An Attorney) Wilmot, the court jester, write this kind of dribble without showing proof that Animal Control should even be considered?  And is the board going to buy this dribble without proof of such?

Below is the documentation from the county on all of this.  Because we can't make this stuff up.



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Wednesday, October 16, 2013

Signing a Contract to sign a Contract? Gloucester Officials Need To Understand The Laws

Open Letter to the Citizens of Gloucester County Virginia


Since County officials are incapable of following the law as shown repeatedly on this blog site; do they think that signing a letter of intent to sign the Contract for the Swamp School is legal before the funding is available?

The Virginia Constitution was written for us to limit the government intrusion into our lives.  Have you ever read the Constitution of the United States?  How about the Constitution of Virginia?

Ҥ 15.2-1238. Certification of sufficient funds.
Except in emergency, no order for delivery on a contract or open market order for supplies or contractual services for any county department or agency shall be awarded until the chief financial officer has certified that the unencumbered balance in the appropriation concerned, in excess of all unpaid obligations, is sufficient to defray the cost of such order.

15.2-1239. Orders and contracts in violation of article.
If any department or agency of the county government purchases or contracts for any supplies or contractual services contrary to the provisions of this article or the rules and regulations made there under  such order or contract shall be void and the head of such department or agency shall be personally liable for the costs of such order or contract.

§ 22.1-175.5. Capital School Projects Fund.

A. The governing body of any locality which is awarded a grant pursuant to this chapter may authorize the local treasurer or fiscal officer, by ordinance or resolution, to create a separate escrow account upon the books of the locality, as described in this section. Upon the adoption of such ordinance or resolution, the treasurer of the locality shall place such grant awards into this account.

B. The escrow account shall be known as the "County/City/Town of ____________ Capital School Projects Fund." All principal deposited to such fund, together with all income from or attributable to the fund, shall be used solely for (i) construction, additions, renovations, including retrofitting and enlarging public school buildings, infrastructure, including technology infrastructure, and site acquisition for public school buildings and facilities or (ii) debt service payments, or a portion thereof, for any such projects completed in the previous ten years if so designated. No disbursement from the fund may be made except upon specific appropriation by the governing body in accordance with applicable law. If a locality establishes such a fund and designates any portion of the funds deposited therein to pay debt service for (i) any general obligation of the locality held by the Virginia Public School Authority or (ii) any Literary Fund loan, the locality shall obtain an opinion of bond counsel that designation of funds to pay debt service on obligations described in clauses (i) and (ii) hereof does not adversely impact the tax-exempt status of such obligations.

C. All grant awards deposited in the fund, including all income from or attributable to such fund, shall be deemed public funds of the locality and shall be subject to all limitations upon deposit and investment provided by general law, including, but not limited to, the Virginia Security for Public Deposits Act (§2.2-4400 et seq.). Income, dividends, distributions, and grants accruing to the fund shall be retained in such fund and shall be expended only in accordance with the terms of this section.

D. Nothing in this section shall be deemed or construed to authorize a school board or school division to receive, hold or invest funds in its own name, nor to expend funds in the absence of a specific appropriation by the governing body of the locality in accordance with applicable law. “

The county intends to sign a letter of intent to sign the contract to build the Swamp School?  Again they violate their oath of office.  Is our county attorney trying to prove to us he is a full time County Jester and not a lawyer?  Or do they all have a total disregard for the laws of Virginia? Maybe we should let them sign the letter of intent violating the law and then let them pay for the building out of their personal funds?

I am not a lawyer and cannot give legal advice.  Our founding fathers used common sense and Christian scripture when establishing our founding documents. 

“For the Common Good. “

Sincerely,
Alexander James Jay

P.S.  "The principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale."  --Thomas Jefferson,letter to John Taylor, 1816


Our Notes:  During the 17th and 18th century, the colonies, the world, dealt with pirates who swindled anything they could get their hands on.  Today, the pirates wear ties and suits and try to convince us that what they are doing is in the best interest of the children, the community, the state or the entire country.  
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Sunday, October 13, 2013

Middlesex , VA - Beware The Enemy Within!

English: The Bill of Rights, the first ten ame...
English: The Bill of Rights, the first ten amendments to the United States Constitution Česky: Originál Listiny práv, prvních deseti dodatků k Ústavě Spojených států amerických Deutsch: Die Bill of Rights genannten ersten zehn Zusatzartikel zur US-amerikanischen Verfassung, die den Bürgern bestimmte Grundrechte garantieren Español: La Carta de Derechos de los Estados Unidos, el término por el que se conocen las diez primeras enmiendas de la Constitución de los Estados Unidos de América (Photo credit: Wikipedia)

Beware; The Enemy Within!


September, 2013, Middlesex County Board of Supervisor, Carlton Revere announced at the board meeting that prayer was being suspended due to fears from a recent litigation case that occurred in Pittsylvania, VA, where that county's board of supervisors were sued for starting their board meetings with an opening prayer.  A direct assault on the first amendment of the Bill of Rights attached to the United States Constitution that is the right of every American regardless of government office.  We reported on the original Pittsylvania case on this site.

Article One of the Bill of Rights reads as follows;

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Chairman Carlton Revere was following the advice of the Middlesex county attorney, Mike Soberick.  Mr Soberick is supposed to be in the position of protecting the county and it's citizens from an entire host of issues to include unfair attacks against the freedoms of the county's own citizens.  Instead Mike Soberick caves to the will of some sickofant fringe group that goes by the name, "Freedom From Religion Foundation", who supposedly sent the county an email from the foundation's staff attorney.

  Everyone can look and see that even the United States Congress opens it's meetings with prayer.  How is it that counties are being attacked for what Congress practices in front of the media everyday?  Stopping the sickofant fringe groups from attacking the rights of the people is real simple.  Force them to sue every county in every state to try and stop our freedoms.  This would quickly force these fringe groups into bankruptcy.  

  As noted above in the first amendment to the Constitution, freedom of religion, speech and the press is all under one umbrella for a reason.  They are all intertwined and the same.  You take away one, you take away all of them.  It's a direct attack on the American People as a whole by a minority that wants to dominate your very thoughts and dictate all your actions.  It's anarchistic.

Thomas Jefferson:  "Of liberty then I would say that, in the whole plenitude of it's extent, it is unobstructed action according to our will, but rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.  I do not add "within the limits of law," because law is often but the tyrant's will and always so when it violates the rights of an individual."

  In other words, the folks at the "Freedom From Religion Foundation", are very clearly obstructing the rights of their fellow citizens as defined by the First Amendment of the US Constitution.

  Further;  It is a time tested and well proven fact that prayer before meetings is a natural deterrent to violence during the meeting and a positive influence to the proper flow of said meetings.  

  That would mean the folks over at the Freedom From Religion Foundation have opened up the county of Middlesex to potential violence and anarchy and that the county attorney, Mike Soberick, has facilitated this action of his own will and against the citizens of the county at which we would recommend that the citizens of Middlesex county seek the fair removal, for just cause,  of any further services and or dis services of this spineless weezle of a county attorney.


"Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports.  In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness-these firmest props of the duties of men and citizens.  The mere politician, equally with the pious man, ought to respect and cherish them.  A volume could not trace all their connections with private and public felicity.  Let it simply be asked, Where is security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice?  And let us with caution indulge the supposition that morality can be maintained without religion.  Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle." 
George Washington


   Again we say, Beware The Enemy Within!



King James Version of the Bible from Chuck Thompson

http://www.putlocker.com/public/XkLkYurjYyisZuT6p2v6XOeZZ2v6XEekZuXkZtUSJHidKIU5TNrrDyGdTOP0WNLjXOPkTOP2ZuX2ZuB1TNvtZ30

We are always giving away free digital copies of bibles.  We have numerous versions on our e-book page.  The link above allows a free PDF file download of the King James Version.  You can also download a copy from our slideshare site as well.  We offer other file versions on our e-book page so take a look around.

  You have the right to your opinion to what you feel is in your best interest to believe in or not believe in.  We fully respect that.  You also have a right to ignore the fact that we give away bibles and we have no issues with that.  You do not have the right to violate our rights and freedoms and we will defend that.
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Tuesday, October 8, 2013

Gloucester, VA Speaking for…..

Open Letter to the Citizens of Gloucester County Virginia


The Virginia Constitution was written for us to limit the government intrusion into our lives.  Have you ever read the Constitution of the United States?  How about the Constitution of Virginia?

Speaking for the taxpayers in Gloucester County; we want the Board of Supervisors to answer these questions.  Why are we paying full time salaries for part time staff?

Why are we paying for a County Attorney that you have made into a Court Jester? Granted he is entertaining and quite a site but that is a lot of money to spend for 2 hours of entertainment a month and you did not let him perform during the last Board of Supervisors meeting.  I was disappointed.  Although Brenda was not a bad stand in as County Jester in the last meeting and if you keep getting her to answer for the County Attorney in the meetings in a month or two we will vote for her as our favorite Jester, she still needs a little more practice.  Can she juggle or get a better script about a subject she knows something about?

Also, we are paying for a full time County Administrator and you are not allowing her to do this? Or does she want to be the County Attorney or County Jester we are not sure which based on her performance at the last meeting?  Is she qualified to be our County Attorney?  She still needs work to take over as County Jester, in my opinion.  Maybe we should let her run the County and get the employees back on the job and out of the fast food establishments unless they are picking up food for her and The "Kiser".

Speaking of The "Kiser", you pay for him even if the School Board made this selection.  His final solution for our youth in the design and placement of the new swamp school does not appear to have the education, safety, and interest of our youth as the primary goal in this new school?  We have several members of the Board that claim to have interest in our schools and youth, it does not appear this is the case to some tax payers.  It appears that you have developed a final solution that is more fitting as the end of our youth rather than the education of our youth.  You have forgotten the most important part of the new swamp school; you need to have a huge bronze plaque with The "Kiser’s" likeness, his name, along with the name of all the school board, and board of supervisors that are responsible for this facility.  Do not place it too close to the school we do not want it to sink into the swamp with the school.  We want to remember all of the people responsible for bring us this swamp school.

Based on the continued actions or inaction's of this Board it appears you have a total contempt for the tax payers, Virginia Constitution, Virginia Code, the US Constitution and oath of office.

Bring back the rule of legal laws and make this "The Land of the Life Worth Living" for everyone in the county.

I am not a lawyer and cannot give legal advice.  Our founding fathers used common sense and Christian scripture when establishing our founding documents. 

“For the Common Good. “

Sincerely,
Alexander James Jay

P.S.  "The same prudence which in private life would forbid our paying our own money for unexplained projects, forbids it in the dispensation of the public moneys."
Thomas Jefferson, letter to Shelton Gilliam, 1808
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Wednesday, October 2, 2013

More On Gloucester's One Dollar Gun Sales

Regulating Animal Control
Regulating Animal Control (Photo credit: Office of Governor Patrick)


Gloucester One Dollar Gun Sales from Chuck Thompson

Here is the entire issue that was a part of a public discussion last night before the Gloucester, Virginia board of supervisors.  As it turns out, Carl, (Chuck), Shipley decided to whine and cry about being able to buy his gun for one dollar from the county even though he only had 22 years of service in, and county code says you have to have 25 years of service in.  Well, first off, the 25 years of service is in violation of state codes.  Not that this is bad enough, but Animal Control does not qualify as law enforcement per Virginia code.  Now they are granted limited law enforcement capabilities by both state code and local ordinance, but are not technically considered law enforcement by either that we see.  See the above 59.1-148.3 state code.

 It appears Animal Control officers are excluded from section A which is the defining section for the rest of the code.  Carl's complaint was that he wanted to buy his gun for one dollar even though he does not have the right to from what we see in the state code.  Watch the video here as Brenda Garton now plays legal interpretation for state code in violation of the Dillon Rule.




We have gone over the state codes regarding law enforcement officers and animal control officers.  Animal Control at this time is not listed as law enforcement.  They have certain deputized duties of law enforcement, but are not listed as law enforcement at all.  http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+3.2-6555  Link to Animal Control officer status with the state.  Now it looks like in the future there will be a new breed that does meet the law enforcement section of state code, but that division has not yet been made law, even though it is on the books to become law.  http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-632  This link will take you to where the state is looking at Animal Protection Police.  If and when that comes, then those are the ones who will meet law enforcement guidelines of the state.  (More invasions on privacy).

  So what we see in the video is county employees making assumptions in violation of the Dillon Rule regarding Carl Shipley being able to buy a gun for one dollar when he is not classified as law enforcement.   Where was Twitching Ted, (I'm not an attorney), Willymot, the court jester, county attorney on all of this?  Not a word came out of his mouth.  County employees just state Twitches opinion for him, and it does not look as though that opinion was correct.  But hey, when do we actually see these people trying to even consider following any laws anyway?  It's more fun to make them up as you go along.  Even the Sheriff was appalled at the county ordinances not meeting state guidelines.

 
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Tuesday, October 1, 2013

October Gloucester, VA Ordinances In Violation of State Code

Sec. 3-14. Use of fireworks causing injury to animals.

It shall be unlawful to set off or use any fireworks that result in an injury to any animal caused by direct contact with the fireworks or if the animal injured itself from fear of the fireworks.

  Sounds like a decent ordinance.  If it could be enforced, it would be.  Problem is, it has no parallel in state code that we can find.  Also, we tested this and the county can not nor will not enforce it.  What they have done in the past is send out Sheriff's deputies to try and witness an event.  The deputies only stay so long and if they do not see anything themselves, there is nothing they say that they can do about it.

  In other times, officials have instead sought to attack those who reported the issues.  ???  No joke.  Dig through this site and you will eventually find confirmation on this.  (Clue, go back a few years and dig through posts after the 4th of July).    It's hard to argue against an ordinance that for all intents and purposes seems very logical and in the best interests of the people.  But when it has no basis in state code, it has no business being there in the county ordinances.   It's once again Gloucester officials making up their own nanny state rules at their own whim and pleasure which do not serve the common good of the people even if it appears to.

   Below is the link to the Virginia state codes as they apply to animals.  Check for yourself to see if you find any parallel.  http://leg1.state.va.us/cgi-bin/legp504.exe?

In less than one hour, the Gloucester Board of Supervisors meeting will begin.  At this meeting, they will only be addressing one ordinance in violation of state code while there are many that remain in violation of state code and they are aware of a number of these violations.  There are a lot of questions about these people voted in that we expected to represent us and instead have made it a choice to misrepresent us at so many levels.  
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