Judge refuses civil penalty for violating VFOIA

During the trial phase of an action brought by citizens in Westmoreland County, a judge refused civil penalties for the Board of Supervisors, the Administrator of the IDA (Industrial Development Authority and the Zoning Administrator because (it was said) the officials didn’t know the requirements of the law for exemptions meant to satisfy the need for a closed meeting.

Frank Delano of the Fredericksburg Free Lance Star and Pamela D’Angelo of the Richmond Times Dispatch covered the decision handed down by retired Charlottesville Judge Jay T. Swett earlier this week.

Mr. Delano:

Swett said the officials failed to cite a sufficiently specific reason for closing the meeting to the public, and that County Zoning Administrator Robert Fink erred in not providing in a timely fashion a document requested by the plaintiffs.

Swett said that county owed legal fees to the plaintiffs’ attorneys in the FOIA suit, but fines against county officials were unjustified because they acted without knowledge of the law’s details.

Ms. D’Angelo:

In a written ruling, Swett found the county’s action was willfully done, though he found no evidence that members of the Westmoreland Board of Supervisors or the Industrial Development Authority knew the legal consequences of going into a closed meeting without providing information in the minutes.

Court ruling

Of course, what the judge says carries a lot of weight. However, he is wrong, and his decision circumvents the law. Virginia Code (1950) 2.2-3700 is the applicable section of law here. It states (in part):

The provisions of this chapter shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government. Any exemption from public access to records or meetings shall be narrowly construed and no record shall be withheld or meeting closed to the public unless specifically made exempt pursuant to this chapter or other specific provision of law.

2.2-3702 states (in part):

Any person elected, reelected, appointed or reappointed to any body not excepted from this chapter shall (i) be furnished by the public body’s administrator or legal counsel with a copy of this chapter within two weeks following election, reelection, appointment or reappointment and (ii) read and become familiar with the provisions of this chapter.

Is the judge contradicting the established law in this area? It clearly states that officials will become familiar with the provisions of the law, and will be furnished a copy of the law. Is the judge intimating that the officials in Westmoreland County have not performed their duties according to the law?

This is pretty straightforward stuff really. I would think a judge of the stature of Judge Swett would realize that the civil penalty portion of the law is meant to be punitive in nature. Yet, in black and white in the decision, there it is.

The officials didn’t know the legal requirements of the law concerning closed meetings.

I hope the plaintiffs appeal this decision.

VA-05 Republican Debate in Lynchburg Saturday Night

more about "ABC 13 – To Go", posted with vodpod

Rep. Tom Perriello Called Anti-Free Speech, Anti-Israel by Teabaggers

I absolutely believe everyone should express themselves. However, even
‘free expression” can contain uber-hyperbolic accusations and insults. Such is the case with some teabagger bloggers in the Fifth Congressional District.

One thing I need to mention first. Just because a person and some of their friends are of the same mind, it does not mean that it equals an overwhelming number, or a majority. Teabaggers like to think that their viewpoint is the only one with merit, so many times the discussions with them degrade into them claiming superiority and them defending the ‘one true way’.

These are not good discussions or blog posts, they are not discussions of the merits of differing viewpoints for the most part.

Reasonable Response is a blog such as what I have described. Recently, articles on this blog have become more and more inflammatory. The one I will feature here is particularly despicable, in that it talks about support/non-support of Israel.

Inflamed Hyperbolic Disease

Even though he claims to be a moderate, Congressman Tom Perriello’s radical left-wing connections are well documented. He’s been linked to the far-left VoteVets.org, MoveOn.org, and other leftist fringe groups. Now comes another one. Perriello, a Democrat, was recently endorsed for re-election by an interest group called “J-Street.” Along with Perriello, another 40 candidates were endorsed by J-Street including such liberal icons as Barney Frank and Charles Rangel.

Try again, Skippy. Vote-Vets is an organization that looks after the needs and problems of veterans of our armed forces. Move-On? Don’t you get tired of vilifying an organization that isn’t going away? It remains a major force in grassroots (the real kind, not Koch Bros./AFP or FreedomWorks) advocacy and organizing in this country. Are you saying there is no such organization for the right wing/teabaggers? Shame, that.

J-Street is endorsed by lots of people. Maybe just nobody you like. They believe in including peace as a possible outcome in negotiations to solve the Palestinian/Israeli impasse. Not just war, not a co-existing state, 2 states. And peace.

J-Street is funded by George Soros, the backer of a number of radical left organizations. And while it bills itself as pro-Israel and pro-peace, it actually is neither. It is so anti-Israel that Israel’s Ambassador to the US refused to attend a J-Street conference because the policies advocated by the organization would seriously harm Israel. In fact, J-Street displays a consistent track record of hostility towards Israel. Yet the group likes Perriello. And when an interest group likes a candidate enough to endorse him before an opponent has even been selected, you can be pretty sure it believes the candidate supports the policies it is promoting.

Wrong again, Sparky.

A venerated publication such as American Conservative has written that George Soros is not presently a contributor to J-Street. He left the organization in order for them to do their work, and so he wouldn’t be the lightening rod focus of people who dislike him.

From Wikipedia:

J Street’s founding Executive Director is Jeremy Ben-Ami, a former domestic policy adviser in the Clinton Administration.[5] Ben-Ami has deep ties to Israel: His grandparents were among the founders of Tel Aviv, his parents were Israelis, his family suffered in the Holocaust, and he has lived in Israel, where he was almost blown up in a Jerusalem terror attack.[6] Ben-Ami has worked for many years with Jewish peace groups, including the Center for Middle East Peace and the Geneva Initiative-North America.[3][15]

The initial support of J Street came from multi-billionaire George Soros, who for a brief time was associated with the organization. Soros pulled out before the initial launch, so as not to negatively affect the group.[16](American Conservative Magazine)

From J-Street website:

J Street represents Americans, primarily but not exclusively Jewish, who support Israel and its desire for security as the Jewish homeland, as well as the right of the Palestinians to a sovereign state of their own – two states living side-by-side in peace and security. We believe ending the Israeli-Palestinian conflict is in the best interests of Israel, the United States, the Palestinians, and the region as a whole.

Are you saying that peace is not what we want? That you and your friends want to kill more people, including our own, who go to war over Israel? When are you signing up to serve? In any case, what does participation and endorsement from this group of Tom Perriello jeopardize anything in your life? Should he have the freedom of association, presumably like you do?

Saying Tom Perriello is anti-Israel is stupid. He wants peace in Israel, the hardest and most satisfying possible route, in my opinion, to an end to the violence and death there.

The other blogger I am featuring today asks the burning question, “Does Tom Perriello have a Problem With Free Speech?“

Wow. Quite the opposite. Have you ever called Tom’s office, Bill Hay? Have you gotten answers?

Tom obviously does not agree with this ruling and some may say he has a problem with the first amendment.

Really? “Some” say? Who, Bill? Who says that Tom Perriello has a problem with the First Amendment to the Constitution? These are some nasty allegations.

No facts? Just make up someone who is “some say” and there you have it. No facts, no credibility.

Here’s That Redistribution of Wealth that Bill Osl Despises

Bill Osl, who is currently trying to borrow money as fast as he can to keep Cumberland County solvent, complained to Congressman Tom Perriello at the town hall meeting in Cumberland in August that he wants Congress to stop all that redistribution of wealth and socialism stuff.

I guess he means it unless he is accepting the check.

Here Bill is accepting nearly two million dollars in a USDA Rural Development grant for a portion of the water system in Cumberland Courthouse village area. (April 2009)

Rep. Tom Perriello, Chair Bill Osl, and the USDA Representative

That’s $1,939,000 of ‘wealth redistribution’ that made it to Cumberland somehow.  Bill Osl, Chair of the Board of Supervisors, later had these things to say to Congressman Perriello: (August 2009)

Bill Osl said that people wanted their country back and that there needed to be a stop to demonizing businesses. He said that government is not the answer but is the problem. He also asked Congress to stop the redistribution of wealth and movement to Socialism and said that business was strangled with regulations. He said that proposals to tax the wealthy was really going to put businesses like dairy farms out of business because the proposal was to tax gross income. He said that just because a business or individual has a high gross income does not mean the enterprise is making money. He cited dairy farms which are being paid less than their operating costs. [my emphasis]

Text courtesy of Bill Smith, editor of the Cumberland Bulletin.

Which one are you going to be, Bill? Big tax and spender? Or rabid foaming at the mouth ultra-conservative? Let us know soon, there is an election coming up in a few years.

Cumberland County Appropriates Only Half-Year Budget

In order to preserve some operating funds for the next six months, Cumberland County Board of Supervisors on June 29, 2009, appropriated only half the years budget. The gap was $3,742,341, and various ways to close the gap were being discussed.

The county appropriated half of the budget approved in the first half of this calendar year, as if there would be funds that would meet the budgeted amount of $28,430,087. $14,215,043.50 was appropriated on the 29th.

Jill Mathews, Assistant Administrator for Finance, said, “I think it is going to be difficult but I think it is manageable.”

Mathews had been tasked with the job of reducing expenditures in order to close the budget gap. She explained what some of those are at the meeting. The proceeds from selling the Community Center complex to another county entity (IDA) would bring $2m into the county coffers, and will now close in FY 2009-2010 instead of having closed in FY 2008-2009. All of the carry-over funds from the schools, the Social Services agency, general funds will be used to close the gap partly.

Reductions in budgeted salaries due to turnover, salaries for part-time employees and interns in various departments would also contribute to closing the gap, for a total of $47,500.

Mathews remarked that with various cuts and changes, the budget deficit could shrink to $700,000. Piedmont Regional Jail could potentially need less of a contribution from the county, and that would total $30,000. A discussion of the money from other counties in connection with Cobbs Creek Reservoir revealed that the $819,000 received would not likely be matched in fiscal 09-2010.

“There was $819,000 included in payments from partners in the reservoir project,” said Ms. Matthews during the meeting with Supervisors. “As we will be proceeding with that project with other partners potentially in the future that is not going to likely be revenue that we will see in the (20)09-(20)10 fiscal year.”

The payment of $500,000 (not sure if this is income or outlay) will be recorded in FY 2009-2010, in connection with Permit Part B from DEQ for the landfill supposedly being built in the county.

Several Supervisors mentioned that it would be great to hear from the School Board to find out what cuts are being made in its budget for the coming year. A letter had been sent sometime in the past about delineating those cuts, without an answer from the School Board. It was discussed that the Supervisors would like to know which policies had been put in place to deal with the budget shortfall. A letter was to be sent to the School Board again, asking for a joint meeting of the two boards. (The joint meeting will take place on July 20, 2009, a Monday at 6PM in the Cumberland Middle School Media Center.)

Constitutional Officers then spoke at the meeting, detailing their thoughts on the budget problems. Treasurer Lee Pfeiffer Jr. remarked that the rollovers of funds could not be re-appropriated, and they would be gone forever. He said that he appreciated the work done by the Supervisors, but he wishes they would look at the long-term, instead of only how to get through this fiscal year.

Anita French, Commissioner of Revenue, remarked that she has not gotten any preliminary information about the re-assessment this year, and that her office has been working hard to post Personal Property Tax payments. She said that the information has been being given to the Supervisors at the earliest possible moment for them to do budget work with.

This brings me to my comments on all this. The county several years ago started borrowing money, and they forgot to stop. Now, with the horrible economy and State cutbacks in the budget, they are forced into emergency situations that will hurt the county.

Cobbs Creek Reservoir has a terrible reputation after Powhatan and Henrico Counties dropped out of the program, after commenting that Cumberland was charging too much for the service of storing and releasing water. The landfill was never a popular idea in the county, and now we will be paying the price for slow permitting from the DEQ, and possibly some hesitation from the company, which is a new company that swallowed the contracted company in a merger late last year.

Since the assessment is ongoing, one has to wonder what tax rate the county will have, either in the name of development, or in the name of saving the status quo.

No administrative personnel salaries were reported as being cut or eliminated.

How Does Your Garden Grow?

Sometimes I think gardening is the only thing that keeps me going. It is great therapy to go out and work in the outdoors, breathing deeply. We get a lot of joy from our garden, and since it is a family project, it helps with family togetherness. We might even learn a few things along the way.

Of course, nothing is better than fresh vegetables right out of the garden. Tomatoes, beans, corn; they all taste better when they have only traveled the 200 feet from the garden to the house. Better for curbing energy use too, with the average produce traveling as much as 1500 miles to get to the grocery store.

Gardening is better for you, and you do something to help the environment too. Who could argue with that?

Tomato plants bask in the sunshine.

One of the kinds of beans we grow.

Butterfly bushes line the driveway.

Blueberries ripen in their corner of the garden.

Herberton/Poplar Hill Sued for Non-Payment of $75,000

Sources have told me that the company that runs all or a portion of the ‘Manor’ development in Prince Edward County has been sued for non-payment of $75,000 for work done developing the ‘Manor’ (previously known as Poplar Hill). Suit was filed April 24, 2009, against Herberton-Poplar Hill Development, for work performed. The case is #CL09000086-00

The work performed consists of conservation easement creation, which allows for certain tax breaks for the company or individual forming them. The Poplar Hill CDA might be named in this suit.