Board of Supervisors Meeting 5.12.09


Tuesday, May 12, 2009

Present: Mr. Allen Hale, Ms. Connie Brennan, Mr. Tommy Bruguiere, Mr. Tommy
Harvey and Mr. Joe Dan Johnson

PUBLIC COMMENT – Ms. Judy Barnes, Afton, said that the tower on Rt. 151
(across from Rockfish Presbyterian) is way over the trees and no landscaping
has been done. She also said that the AT&T tower on Rt. 29 was to have been
a co-location but that there are two towers. Supervisors directed staff to
research both of Ms. Barnes questions and report back.

VDOT REPORT – Mr. Kevin Wright reported that the following Rural Rustic
Roads are planned for completion by late summer:

– Rt. 827 Glenthorne Loop (Nellysford)
– Rt. 661 Phoenix Road (Arrington)
– Rt. 641 Eades Lane (Lovingston)
– Rt. 807 Parrish Lane (Tyro)
– Rt. 726 Donahue Lane (Bryant)

He noted that several other Rural Rustic Roads would be done by contract and
completed next spring, including Ennis Mountain Lane in Afton.

PAVING/LOVINGSTON RESCUE SQUAD STATION #2 – After review of estimates,
Supervisors voted 5-0 to authorize funding not to exceed $40,000 for paving
of the station drive and parking area. Supervisors directed staff to take
the funding from a $130,000 EMS loan due to be repaid to the county this

COUNTY ADMINISTRATOR’S REPORT – Mr. Carter reported on the following:

– Solid Waste – boundary survey of Cove Valley site in process with
preliminary site design to follow;
– Broadband Project – public hearing to establish a local wireless
authority advertised for May 28th;
– Radio Communications Project – RCC Consultants, Inc has been chosen to
provide engineering and design services for the county’s radio
communications project;
– Ferguson’s Store/Roseland Water Line Extension – project options and
cost projections to be presented at the May 28th meeting; and
– Health Department – the VA Dept of Health has given authorization for
Thomas Jefferson Health District to work with the county and Region Ten
staff towards relocating the Nelson County Health Department to Region Ten’s
new facility in Lovingston.

BUDGET WORK SESSION/SCHOOL FUNDING – Dr. Roger Collins and Ms. Shannon Irvin
presented the School Board’s report on their budget, noting a shortfall of
$267,883 after budget reductions and revenue shortfalls. Ms. Irvin reported
that state and sales tax revenues are less than anticipated. She noted that
stimulus monies are very clearly restricted as to use and reporting
requirements. Ms. Irvin noted that, due to economic conditions, the budget
was created with no new initiatives, no requests for additional staff, no
salary adjustments or increases in fringe benefits.

Mr. Hale noted that the county had a significant decrease in Personal
Property taxes with 1,600 fewer vehicles in the county this year resulting
in utilization of a different method of valuation and a tax increase for the
citizens. He reported on two calls he had had from constituents as examples
of what the citizens are dealing with in this economy and how the county has
had to make up their revenue shortfalls:

– a resident who owns a pickup truck with over 300,000 miles on it whose
value just increased for Personal Property Tax valuation; and
– a homeowner whose home was assessed at $486,600 but upon refinancing,
the appraisal came in at $402,000 – resulting in his paying taxes on $84,600
in value that is not there.

Further discussion tabled.

APPOINTMENTS – Supervisors voted unanimously to reappoint Jean Holliday as
the South District representative to the Nelson County Library Advisory

BUDGET WORK SESSION – After discussion of the School Board request,
Supervisors voted to provide an additional $165,000 in funding and directed
staff to reallocate the funds as follows – $90,000 from the EMS loan
repayment to the county and $75,000 saved from purchasing only four new
buses this year instead of the five budgeted. Supervisors also voted
unanimously that if the School Board could identify any carryover money or
savings, the money would be reappropriated to their capital budget to pay
for the roof at Tye River Elementary.

(NOTE: The budget public hearing will be held at 7:30pm on Thursday, May
28th at the Courthouse.)

HIGH TOP COMMUNICATIONS TOWER – The VA State Police, Nelson County and
Central VA Electric Cooperative applied for a permit for a 160-foot Class
III tower with a concrete equipment shelter, a 1,000-gallon propane tank and
a 50’x50′ fenced area with a waiver of the landscaping requirements and a
reduction of the 2-mile distance between the tower and another Class II or
Class III tower.

During Public Comment, Ms. Judy Barnes, Afton, expressed concerns about the
health aspects of the tower with microwave emissions. Following the Public
Hearing, Mr. Carter noted that there are no federal or state regulations
that make the health question relevant at this time. Mr. Bruguiere said
that he is fully in favor of the tower as all three entities need it. Mr.
Hale asked about the traffic required to maintain the site and all three
entities said that once a month is typical.

Mr. Hale expressed appreciation for the State Police agreeing to lower the
tower to 160 feet from the original 199-foot requested. He noted, however,
that the Planning Commission and recommended approval with limitations on
the number of antennas. Mr. Bruguiere said that that was over-regulation
and the three entities do not know what they might need. Mr. Boger noted
that the ordinance requires that information and that the Planning
Commission has required that information in the past. He noted that the
Commission did provide some flexibility in the number of antennas that they
approved. Mr. Bruguiere said that, in his view, it is advantageous to put
as many antennas as possible on one tower rather than add towers.

Supervisors voted 5-0 to adopt a resolution approving the tower with the
waivers requested and without a limit on the number of antennas. Mr. Hale
noted his reservations about changing the Commissions recommendations and
Ms. Brennan said that the county should know what is going to be on the
tower. Mr. Johnson said that he does not want to restrict changes.

Meeting adjourned.

Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution.




    Mr. Chairman and members of the Board, my name is Kenneth White, 93 Shields Gap Road, Roseland, and I am President of the Virginia Taxpayers Association. On April 23, 2009, the office of Phillip D. Payne IV, Commonwealth’s Attorney, Nelson County sent me an unsigned Memorandum stating in part:

    (QUOTE) “There is no authority compelling a governing body to consider a resolution proposed by a citizen, regardless of the merits of the resolution. Consequently, filing, as Mr. White suggests he might, with either the Commonwealth’s Attorney or the Judge of the Circuit Court a copy of his affidavit will not initiate anything, and there is no authority for either the Commonwealth’s Attorney or the Judge to take any action.” (UNQUOTE)

    Well of course there is no authority compelling your Board to consider anything I might say publicly to you on any subject. But let me say something right here. I am a chess player. In chess there is a term (QUOTE) “gaining a tempo” (UNQUOTE) meaning gaining a turn or gaining the initiative over one’s opponent. The fact is, in the game your Board has chosen to play with me, I have already “gained a tempo” by compelling your Board to do something you did not want to do, namely: Come out with what you hope is a fixed statement by your Board’s agent, the Commonwealth’s Attorney.

    And now, responding to my request under the Freedom of Information Act (§ 2.2-3700 et seq.), Mr. Payne on May 7, 2009 has given me the name of the Foreman of the May, 2009 Nelson County Grand Jury. I will be writing him to offer information contained in my Affidavit “A” recorded in the Office of the Nelson County Circuit Court Clerk, formally charging members of this Board with violation of your oaths of office.

    Since it is highly unlikely that, if my letter to him contains sufficient information, the Foreman would not allow me to testify at least briefly before the Grand Jury, I will have “gained another tempo” against your Board.

    The fact is that you know use of Armed Forces personnel inside the United States for domestic law enforcement purposes, as is being done increasingly today (SEE ATTACHMENT TO THIS STATEMENT) is a violation of the Posse Comitatus Act and the U. S. Constitution. I have talked at length face to face with both the Sheriff and the Clerk of Circuit Court about these violations and they share my views. So there is no way you can evade your lawful responsibility, as officials elected to represent the will of your constituents, to publicly object to this federal governmental lawbreaking, so that all of us and our children may live in peace, safety, and in harmony with the law.

    So it’s obvious you are losing in this public contest, and I urge you to give up without more hopeless delay, and pass the January 13, 2009 Resolution before you, or a revised version that retains the same basic principles. Otherwise your standing with the public can only continue to suffer.

    That concludes my Statement.


    Military Police at the Kentucky Derby
    May 3, 2009

    A Google News search does not produce a story or even a brief mention of the fact military police were on hand at the Kentucky Derby to keep restless plebs in line. However, an Associated Press photograph, posted on the Yahoo! News website, shows two MPs in combat fatigues with side arms restraining a man at the derby.


    “Military police detain a fan who ran onto the track following the running of the 135th Kentucky Derby horse race at Churchill Downs Saturday, May 2, 2009, in Louisville, Ky.,” the photo caption reads.

    The photo was also included in a slideshow on the Yahoo! Sports website, although the text of the article does not contain a mention of military police at the event.

    “The military has NO BUSINESS policing the citizens except during extraordinarily exceptional times of national emergency by an executive order. This is very disturbing and completely un-American. Maybe even more disturbing is that no one seems to care how quietly and easily we have accepted the burgeoning police state,” an article comment states.

    Infowars has reported on numerous instances of military involvement with local law enforcement in violation of Posse Comitatus. In March, we reported on U.S. Army troops dispatched to patrol the streets of Samson, Alabama, after a murder spree.

    On April 6, we reported on a DHS, federal, state, Air Force, and local law enforcement checkpoint in Tennessee. On April 3, Infowars was instrumental in the cancellation of a seatbelt checkpoint that was to be conducted in conjunction with the Department of Homeland Security and the 251st Military Police in Bolivar, Tennessee.

    Last December, we reported on the Marine Corps Air and Ground Combat Center dispatching troops to work with police on checkpoints in in San Bernardino County, California.

    On Aprill 22, we reported the deployment of 400 National Guard Combat Support Battalion troops to “maintain public order” at the Boston Marathon.

    Last June, Infowars posted an article by D. H. Williams of the Daily Newscaster reporting the deployment of 2,300 Marines in the city of Indianapolis under the direction of FBI and the Department of Homeland Security.

    Prison Planet’s Paul Joseph Watson reported a story on April 22 covering the assault of a local television news team by an irate police officer in El Paso, Texas. A video taken by the news videographer shows uniformed soldiers working with police officers at the scene of a car accident.

    The presence of uniformed and armed military police at the Kentucky Derby is part of an ongoing campaign to acclimate the populace to the presence of soldiers at public events.

    Comment Rules

    317 Responses to “Military Police at the Kentucky Derby”


    Insane Cop Arrests ABC News Reporter For Filming Traffic Accident
    Some speculate authorities didn’t want involvement of troops in car wreck caught on camera
    Paul Joseph Watson
    Wednesday, April 22, 2009

    It’s becoming a disturbingly familiar scene in America – aggressive, overbearing and mentally unstable cops who think that it is an arrestable offense not to obey their every order – harassing citizens who have done absolutely nothing wrong.

    The latest example comes from El Paso, Texas, where a local ABC news reporter and his cameraman were arrested simply for something they routinely do every day as part of their job – filming traffic incidents.

    The reporters, Darren Hunt and photojournalist Ric DuPont, were standing behind a barrier well away from the car wreck but were quickly approached by the cop – Sgt. Ramirez – who immediately shouted that they had to leave.

    As the video shows, despite the fact that the reporters start to back away towards their truck, the cop runs after them after one of them dares to speak – reminding the officer that America is supposed to be a free country with freedom of the press and that the cameraman “can shoot if he wants to”.

    The cop then grabs Hunt by his pants and threatens to arrest him, shouting, “I gave you an order,” with the reporter protesting, “I didn’t do anything.”

    Presumably, the cop thinks that it is illegal and therefore an arrestable offense not to follow any order given by a police officer – or even worse – because the reporters were actually following his order – the cop thinks its an arrestable offense merely to verbally disagree with a police officer.

    Despite the reporter not resisting or attempting to return to the scene of the wreck, the cop tries to slap the cuffs on anyway. “I’m not doing anything, I’m just trying to leave sir,” states Hunt as the cop wildly shrieks behind him and pulls his arms behind his back.

    The officer then pushes Hunt up against the fence and turns to grab DuPont’s camera, before he too is arrested. With the two reporters now out of view, more insane shrieking can be heard from the cop.

    Upon arrival at the police station, the reporters were released within minutes – proving that they had done absolutely nothing worthy of being arrested in the first place. Sgt. Ramirez has been placed on leave pending an investigation.

    Some have speculated that the presence of military soldiers at the scene of the car wreck, which is captured on film near the end of the clip, was something that the authorities did not want to be documented on camera.

    As we have previously warned, thousands of active duty military personnel are being brought back from Iraq and Afghanistan to conduct “homeland patrols” under Northcom. The Army Times reported that their duties would include training to “use jaws of life to extract a person from a mangled vehicle,” as well as ”civil unrest and crowd control.”

    We have been ringing the alarm bell for years about the integration of the military into law enforcement and have consistently warned that the idea of troops on the streets as a matter of routine will be incrementally introduced to Americans by means of soldiers being used in traffic accidents. This would engender the idea that the troops are here to “help” in times of need.

    However, the troops may have just been traveling to or from their army base and happened to come across the accident and offer assistance, which is perfectly plausible.

    The major thing to take away from watching this video is the insane behavior of the cop and his belief that citizens must comply with his every order or face arrest, despite them having done nothing wrong whatsoever.

    These scenes are becoming commonplace in America. Something has gone seriously wrong somewhere along the line with police training, a fact highlighted by the recent MIAC and Homeland Security reports, which revealed that police are being trained that American citizens who are merely knowledgeaéble about their rights under the U.S. constitution are considered a threat and potential terrorists.

  2. God bless you Lawrence Ernst for bringing this matter to the attention of the citizens of Nelson County. The Aroostook County Republican Committee (Maine) stands with you overwhelmingly, as we have passed similar resolutions here.

    Steve Martin
    Maine State Republican Committee
    Amity, Maine

  3. Thank you for reporting on this very serious matter concerning the “police state” that I find frightening. Unless we people are correctly informed, there is little hope that we will survive
    a free Republic.
    Thank you again sir, with my sincere appriciation.

  4. I am also very concerned regarding the use of Armed Forces personnel inside the United States for domestic law enforcement, in violation of the Posse Comitatus Act and the U.S. Constitution. I urge all local governments to pass resolutions opposing this. Many thanks to Lawrence Ernst for bringing this to the attention of the public.

  5. Gordie,

    That was a very constructive comment.

    Do you favor the use of Military personnel for domestic police work inside the USA?

  6. I commend you for the fine job you are doing in reporting on the “police state” situation.
    I, too, say: ‘God Bless you Lawrence Ernst for bringing this matter to the attention of the Nelson County citizens.

    In order to stop violations of the Posse Comitatus Act by the federal government in using military personnel inside this country for domestic law enforcement, we need to start at the local level with the grass roots exerting lots of pressure. You are doing a great job in this situation. Thank you.

  7. This is an issue which deserves thorough coverage. America is supposed to be a land ruled by law and protected by peace officers, NOT highly trained military personnel whose primary goal is to kill. Our military has a role in this country, but it is NOT in the streets of America. Posse Commitatus was enacted for a reason.
    I recall some of my sons slogans (both infantry Marines) from bootcamp and beyond….KILL KILL KILL., One Shot One Kill, You can run but you will only die tired…….etc etc. They were trained to KILL, not “police”. If we do NOT stop the military now, we will never stop them, and will revisit the day when the colonists were arbitrarily harassed by King George’s troops. We declared our independence for a reason………..let’s learn from history. If we allow our military to “police” the American people, our country and the few freedoms we still possess are finished.
    Every police officer and military member should become familiar with Oathkeepers, a vow to not use force against the American people.
    Gordie (comment posted above) is a prime example of the ignorance that has ushered every cruel dictator into power, the world over, and cost the lives of over 100,000,000 people last century, not from war, but BY THE HANDS OF THEIR OWN GOVERNMENTS!!!!!
    Sue Brandt, RN
    Proud Mother of Two of the Few
    LCPL Christian, Afghanistan, Fallujah, Ramadi USMC Infantry
    PFC Colton, Ashraf USMC Infantry
    “Government is not reason. It is not eloquence. It is a force. Like fire, it is a dangerous servant and a fearful master.” Gen George Washington

  8. I am glad these matters are being seriously discussed, and that Nelson County Life is doing a good job in letting people know what is going on.

  9. Thank You for bringing this very serious situation that seems to be taking our country by storm. More citizens need to be educated on what is really going on in the “real” world. Every time we turn around we are finally getting the real story on what is going on. If you really educated yourselves on this subject you would be amazed at all the corruption right under our noses! Mr. White please continue to update us on current situations.

  10. -Federal marshals in planes.
    -Soldiers patrolling the streets
    -Federal marshals “protecting” Planned Parenthood
    What’s going on in this country?
    Overprotective mothers get arrested—what about overprotective Uncle Sam?

  11. I am forwarding this very critical and significant statement on a serious issue developing in your county. It is clear that some political elements within your county have no value in the inherent sovereignty of America, nor do they recognize that our Natural Rights must be preserved and, defended. If we permit our local political appointees and elected officials to violate the trust placed in them by ignoring the significance of these Rights, we fail as citizens to do our duty — which is to remonstrate and if necessary, remove these politicans from office.

    J. Richard Niemela
    Col. USAF (Ret)
    Reston, VA.




    Mr. Chairman and members of the Board, my name is Kenneth White, 93 Shields Gap Road, Roseland, and I am President of the Virginia Taxpayers Association. Since your
    May 12 Board meeting, Judge Michael Gamble of the 24th Judicial Circuit Court has written me saying he will do nothing about your violations of oath of office and suggesting that I try to speak with Commonwealth’s Attorney Phillip Payne if I want to persuade him to take some action.

    Payne, however, phoned me June 4, 2009, telling me he was not going to send this matter to the Grand Jury, so it would not be possible for him to meet with me. He also said he would put this statement in a letter to me, but he never did.

    Pretty neat, don’t you think? I’m finished and there is nothing I can do about this situation. Actually the fact is that I now have more ammunition than ever before in this contest you have chosen, and can again tell you as I have in the past, that VTA is able to inform more people every day what is really going on.

    You may say, “Well, Mr. White, if you have so much support, how come we’re not seeing crowds of people at our meetings to back you up?” The answer to that is simple: Crowds of people turn out at Board meetings only on pocketbook issues or issuers affecting their immediate environment. But I can assure you that the support we are receiving on the major issues of freedom in our country and the safety of our citizens is tremendously heartwarming, and growing each day.

    You have noticed recently that a federal appeals court judge nominated for the Supreme Court has received strong criticism from some quarters. So is a considerably lower state Judicial Circuit judge immune from any and all criticism?

    The answer to that is absolutely NOT. Right now I am publicly charging that JUDGE MICHAEL GAMBLE and COMMONWEALTH’S ATTORNEY PHILLIP PAYNE are DELIBERATELY SUPPORTING U. S. GOVERNMENT VIOLATION OF THE POSSE COMITATUS ACT, AND ARE ALSO GUILTY OF MISPRISION, defined in part in Black’s Law Dictionary as (QUOTE) “failure in the duty of a citizen to ENDEAVOR to prevent the commission of a crime” (UNQUOTE). You also need to refer to the case Wryn v. United States, 200 F.Supp. 457 (1961), discussing fully the meaning of the Posse Comitatus Act, which was included in the overwhelming 178-page packet of documents I sent to the Grand Jury foreperson, that Payne did not even want to take a look at.

    Do you really think you can play games with public opinion and that supervisors presumably elected to respond to constituents’ views can just keep mum on a vital subject whenever officials think making any kind of statement might be embarrassing to them? Is this representative government?

    Are you so blind that you can pretend everything going on in Washington today with all the monumental scandals and power grabs there is completely lawful and has no effect whatsoever on the citizens of Nelson County so you can stay in a small hole where you can hear no evil and see no evil?

    If so, you are participating in the deliberate destruction of this nation, and I am telling you again the informed citizens of Nelson County are NOT GOING TO TOLERATE IT.

    That concludes my statement.




    This attachment consisted of the following pages from 200 F.Supp. 457(1961) reporting the case Wryn v. United States discussing in detail the Posse Comitatus Act prohibiting use of U. S. armed forces for domestic law enforcement:

    Page 457 (title page)

    Pages 464 and 465



    Bill in House Authorizes FEMA Camps In U.S.

    (Updated) April 22, 2009
    Paul Joseph Watson

    The National Emergency Centers Act or HR 645 introduced by Rep. Alcee Hastings, D-Fla., and cosponsored Apr. 22, 2009 by Rep. Artur Davis, D-Ala., mandates the establishment of “national emergency centers” to be located on military installations for the purpose of providing “temporary housing, medical, and humanitarian assistance to individuals and families dislocated due to an emergency or major disaster,” according to the bill.

    The legislation also states that the camps will be used to “provide centralized locations to improve the coordination of preparedness, response, and recovery efforts of government, private, and not-for-profit entities and faith-based organizations.”

    Ominously, the bill also states that the camps can be used to “meet other appropriate needs, as determined by the Secretary of Homeland Security,” an open ended mandate which many fear could mean THE FORCED DETENTION OF AMERICAN CITIZENS IN THE EVENT OF WIDESPREAD RIOTING AFTER A NATIONAL EMERGENCY OR TOTAL ECONOMIC COLLAPSE.

    Many credible forecasters have predicted riots and rebellions in America that will dwarf those already witnessed in countries like Iceland and Greece.

    A bill introduced in Congress authorizes the Department of Homeland Security to set up a network of FEMA camp facilities to be used to house U.S. citizens in the event of a national emergency.


    The bill mandates that six separate facilities be established in different Federal Emergency Management Agency Regions (FEMA) throughout the country.

    The camps will double up as “command and control” centers that will also house a “24/7 operations watch center” as well as training facilities for Federal, State, and local first responders.

    The bill also contains language that will authorize camps to be established within closed or already operating military bases around the country.

    As we have previously highlighted, in early 2006 Halliburton subsidiary Kellogg, Brown and Root was awarded a $385 million dollar contract by Homeland Security to construct detention and processing facilities in the event of a national emergency.

    The language of the preamble to the agreement veils the program with talk of temporary migrant holding centers, but it is made clear that the camps would also be used “as the development of a plan to react to a national emergency.”

    As far back as 2002, FEMA sought bids from major real estate and engineering firms to construct giant internment facilities in the case of a chemical, biological or nuclear attack or a natural disaster.




    Download the AOL Classifieds Toolbar for local deals at your fingertips. ( NELSON COUNTY LIFE…I am forwarding this very critical and significant statement on a serious issue developing in your county. It is clear that some political elements within your county have no value in the inherent sovereignty of America, nor do they recognize that our Natural Rights must be preserved and, defended. If we permit our local political appointees and elected officials to violate the trust placed in them by ignoring the significance of these Rights, we fail as citizens to do our duty — which is to remonstrate and if necessary, remove these politicans from office.

    J. Richard Niemela
    Col. USAF (Ret)
    Reston, VA.

  12. I am extremely dismayed that the Board of Supervisors will not discuss Mr. White’s resolution. I do not want active duty military personnel used for law enforcement in Nelson County or anywhere else, in violation of the Posse Comitatus Act and the Constitution, and I believe residents agree with my opinion. Supervisors were elected to respond to views of constituents!! This is a very SERIOUS issue and should be discussed!


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