Board of Supervisors 6.9.09

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BOARD OF SUPERVISORS
Tuesday, June 9, 2009

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

ARRINGTON BRIDGE MEMORIAL REQUEST – Supervisors voted 4-0 (Mr. Bruguiere
absent for this vote) to adopt a resolution requesting that the Commonwealth
Transportation Board name the Arrington Bridge (Rt. 655 Variety Mills Road)
in memory and honor of the late former Supervisor Harry S. Harris.

NELSON COUNTY WIRELESS SERVICES AUTHORITY – Supervisors voted 4-0 (Mr.
Bruguiere absent for this vote) to adopt the Articles of Incorporation but
changing the name to Nelson County Broadband Authority.

VDOT REPORT – Supervisors voted 5-0 to adopt a resolution establishing the
following roads as Rural Rustic Roads and requested that they be paved:

Rt. 641 Eades Lane
Rt. 807 Parrish Lane
Rt. 726 Donahue Lane
Rt. 611 Ennis Mountain
Rt. 721 Greenfield Drive

Mr. Wright noted that funding is available for these five roads with work to
be completed by 2010.

PINEY RIVER IV PROJECT (FERGUSON’S STORE/ROSELAND) – Mr. Mike Larson with
Draper Aden Associates presented a draft Preliminary Engineering Report on
the project, noting that a 12-inch water main was extended to the Rt. 56/Rt.
151 intersection as part of the Piney River Water Extension Project. He
said that several reasons for consideration of the proposed project:

– existing water quantity and quality problems in the area;
– two documented leaking underground storage tanks (Ferguson’s Store and
Roseland Rescue Squad); and
– operational efficiency as the Henderson’s store area currently has only
sewer.

Mr. Larson reported that DEQ is currently dealing with the two Leaking
Underground Storage Tank (LUST) sites – to pay for filters for neighboring
residences whose underground water supply has been contaminated. DEQ has
indicated that the funds remaining in the accounts for each site that could
be used for the construction of a public water system to provide potable
water and eliminate the need for filters. The funds for each can only be
used for that particular extension however.

Mr. Larson presented four options for extending the lines (the cost for each
may or may not include the cost for providing private laterals – from the
meter at the property line to the house):

Option #1 – Extending the water main 5,550 feet along Rt. 151 to the
Ferguson’s Store area – serving approximately 23 customers (currently sewer
only) – Cost $555,000 plus $49,200 for private laterals. NOTE: This is the
only option that would not require debt service and would have sufficient
funding to cover costs from DEQ.

Option #2 – Extension of approximately 25,000 LF of water main to each of
the existing 86 sewer-only customers in the Henderson’s Store area plus the
infrastructure in Option #1 – Cost $1,968,000 plus $147,495 for private
laterals.

Option #3 – Extension of approximately 37,000 LF of water main to serve the
86 sewer-only customers plus 45 new water customers for a total of up to 131
customers in the existing service area plus an extension to Roseland – Cost
$2,928,000 plus $324,720 for private laterals.

Option #4 – Extension of approximately 19,000 LF of water main that would
serve up to 77 customers – does not include providing service to any of the
existing sewer-only customers in the Henderson’s Store area who are not
directly along Rt. 151 – Cost $1,663,000 plus $175,380 for private laterals.

Mr. Larson noted that the amount of DEQ grant funding is dependent on the
extent of the project. Option #1 and #2 would relieve only the problems at
the Ferguson’s Store site and would, therefore, be eligible for the $555,000
available for that site. Options #3 and #4 would address both site problems
so the grant amount could be as much as $1,080,000. He reported that Rural
Development grant/loan funding could be available – probably 50% grant and
50% loan – but the average monthly bill must be 1.5% of the median household
income for the area. This requirement would require that the current bill
of $32.10 be increased to $39.64.

Mr. Bruguiere supported Option #4. Mr. Hale said that he has serious issues
with running infrastructure miles through rural areas with few customers.
Mr. Bruguiere said that the area has development potential and Mr. Hale said
that the developer should then pay for the infrastructure.

Further discussion was tabled. Mr. Bruguiere and county staff will meet
with Nelson County Service Authority staff later this week to present the
information and receive their input.

FY 09-10 BUDGET – Supervisors voted 5-0 to adopt the budget of $69,352,680
(all funds, revenues and expenditures).

PROPOSED AMENDMENT TO NC CODE/COURTHOUSE MAINTENANCE AND LAW LIBRARY FEES –
Supervisors voted 5-0 to adopt a resolution authorizing staff to advertise
for a public hearing on July 14 at 7:30pm a proposed amendment to raising
the assessment of court fees for construction and maintenance of the
courthouse and court related facilities and to provide for the higher
assessment of court fees for use and maintenance of a law library. The
fees, assessed in civil matters, are proposed at:

– $3.00 – a new fee for the construction of courthouse and court related
facilities (assessed in each civil action in district or circuit court in
which the amount in controversy is greater than $500.00 and in each criminal
or traffic case in the district or circuit court in which the defendant is
charged with a violation of any statue or ordinance);
– $2.00 – Courthouse maintenance; and
– $4.00 – Law Library fee

Total fees would increase from $4.00 to $9.00 for each case.

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

– Piney River 3 – completion still possible by mid-July
– Cove Valley Collection Site Project (Faber) – Wiley and Wilson working
on preliminary design with site layout received. Closing on the property
pending signatory approval of the survey plat by the Trustees of CVRC
– Schuyler Collection Site – the site’s owner has submitted conditions
related to the county’s continued use of the property. After discussion,
Supervisors voted 5-0 to close the site following notice to the public and
the owner; provide cleanup of the site and restoration to its original
condition; provide testing to determine whether there are any contamination
issues; and to direct staff to schedule staff for as many hours as possible
for the Faber site during the development of the Cove Valley site.
– Rt. 29 Wayside (Woods Mill) – a portable toilet facility has been
installed on the site with annual costs projected at less than $1,500.

APPOINTMENTS –

Supervisors voted unanimously to reappoint the following persons:

Region Ten Community Services Board – Mr. Michael W. Kelley
Nelson County Economic Development Authority – Mr. Greg Kelly

CLASS III COMMUNICATION TOWER PERMIT – nTelos – Mr. Boger reported that
nTelos has applied to install a 122-foot metal communication tower on a 4.5
acre parcel located on the north side of Beech Grove Road and owned by Mr.
William C. Parrish. The application also includes a request for a Special
Exception to Section 20-7-2e of the Communication Tower Ordinance
prohibiting a tower within one air mile of the view shed of a Scenic Byway
(Rt. 151 and Beech Grove Road are Scenic Byways). With no Public Comment,
Supervisors voted 5-0 to approve the permit and grant the Special Exception
as requested.

AMENDMENT/SUBDIVISION ORDINANCE – With no Public Comment, Supervisors voted
5-0 to amend Section 4-4, Water and Sewer, Item D, Individual Septic
Systems, Subsection 3) Exceptions to the above provisions to eliminate the
wording, “approved by the Virginia Department of Health” so that the
exception now reads:

“A lot with an existing on-site septic system.”

Meeting continued until June 25th at 6:00pm for a work session with VDOT on
the Rt. 29 Corridor Study prior to the 7:30pm regular meeting.

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

As always thank you to the great folks at Rural Nelson for sharing their minutes with us here at NCL!

9 COMMENTS

  1. To whom it may concern:

    I have just learned of an important notification delivered by a citizen to the Nelson County Supervisors at their June 9th public meeting. I have not seen it posted here, although comments concerning an earlier (May 12th) Nelson County Supervisors Meeting do reflect all pertinent background information.

    The crux of the matter is an allegation of misprision (misconduct in the exercise of office and failure to perform sworn duties) against Nelson County’s officials, including its Board members, Commonwealth Attorney and a sitting judge. Certainly, in light of these serious charges and the implication that local government has abdicated its responsibilities concerning the rule of law and is actually complicit with the national government’s plans to introduce de facto martial law in Virginia, it is deserving of publication in connection with the June 9th public meeting, as a “wake up” call to the citizenry.

    I herewith submit this allegation of misprision/notification addressed to the supervisors at their June 9th meeting and respectfully request that it be posted. Thank you.

    “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.”

  2. Wow! Thank you once again for bringing Mr. White’s notification to the Nelson County Board of Supervisor’s 6/9/09 meeting to the Nelson County citizans’ attention.

    Local government’s lackadaisakle attitude of the unlawful actions by federal elected officials are a detriment to all American citizens.

  3. I think the many readers of this important website would like to have a foundation document for this dispute, which was recorded in the office of the Nelson County Circuit Court Clerk April 9, 2009, as follows:

    AFFIDAVIT “A”

    I, Kenneth White, being first duly sworn, declare under penalty of perjury the following:

    1. I reside at 93 Shields Gap Road, Roseland, Virginia 22967. I am President of the Virginia Taxpayers Association, founded in December, 1972 by volunteers across the Commonwealth concerned over government spending, taxation, and proper functioning of the governments of Virginia and the United Statea of America under their Constitutions.

    2. On the afternoon of Tuesday, January 13, 2009 as the first speaker in the Public Comment segment of the regular Nelson County Board of Supervisors meeting in Nelson County Courthouse, Lovingston, Virginia, I presented to the Board a Resolution for Approval which I had originated, opposing the stationing of 20,000 U. S. Army troops to keep order inside the United States, as reported in the Washington Post December 1, 2008.

    3. In presenting this Resolution I said publicly to the Board that use of regular Army troops inside the United States for law enforcement purposes is a violation of the Posse Comitatus Act and the Constitution of the United States and is therefore not legally permissible.

    4. I have seen in the official Minutes.of the Nelson County Supervisors January 13, 2009 meeting a copy of the aforesaid Resolution for Approval and the prepared statement I made to the Board in presenting it.

    5. Immediately following my presentation during the regular Board meeting, Allen Hale, Chairman of the Board, said publicly, “Thank you for keeping your statement within three minutes, and we will review your Resolution carefully.”

    6. On the afternoon of Tuesday, February 10,, 2009 as the first speaker in the Public Comment segment of the regular Nelson County Board of Supervisors meeting in Nelson County Courthouse, Lovingston, Virginia, I presented to the Board a follow-up Statement regarding the Resolution for Approval which I had presented to the Board January 13, 2009. My Statement concluded with these words: “We believe failure by you to approve this Resolution will constitute significant failure by the Board to adequately protect the lives and safety of the citizens of Nelson County.” I then sat down and no member of the Board made any oral comment.. I know that county government rules do not require any Board member to respond orally to Public Comments.

    7. I have seen in the official Minutes.of the Nelson County Supervisors February 10, 2009 meeting a copy of the aforesaid prepared statement I made to the Board.

    8. On the afternoon of Tuesday, March 10, 2009 as the first speaker in the Public Comment segment of the regular Nelson County Board of Supervisors meeting in Nelson County Courthouse, Lovingston, Virginia, I presented to the Board a second follow-up Statement regarding the Resolution for Approval which I had presented to the Board January 13,, 2009. My Statement made reference to my previous Statement including the following words: “….constitute significant failure by the Board to adequately protect the lives and safety of the citizens of Nelson County.” I then said in part:

    “However, members of your Board decided they did not want to place the Resolution on the agenda, so they would not have to vote on it. I believe you are attempting to play games with this matter, in hopes that the whole subject will just go away and be quietly buried……..Right now I can formally advise you that continued failure by your Board to place the Resolution on your agenda will raise the question of whether there is a violation of oaths of office here. I will remind you that upon election you each did take a solemn oath of office to uphold the Constitution of the United States and the Constitution of Virginia. What is the point of your taking such an oath unless you are going to live up to it?

    “Federal criminal law is explicit and direct regarding a violation of oath of office by federal officials. The law requires removal of the office holder as well a prison term or fine for the offender. The U. S. Supreme Court said in Cooper vs. Aaron. 358 U.S. 1 78 S.Ct. 1401 (1958): ‘No State legislator or executive or judicial officer can war against the Constitution without violating his Undertaking to support it’.”

    9. My Statement March 10, 2009 then concluded with these words: “So that’s where we are. Our final question to you to consider before your next meeting is just this: Do you want to risk a formal charge that you are in fact violating your solemn oaths of office?”

    10. I then sat down, and no member of the Board of Supervisors made any oral comment on my Statement.

    11. While visiting the office of the County Administrator April 7, 2009, I was informed by the staff aide on duty that a word-for-word copy of my March 10, 2009 Statement is in the official Minutes of the Nelson County Supervisors March 10, 2009 meeting
    .
    12. Since the Board still has refused to place the aforesaid Resolution for Approval on your agenda, this Affidavit “A” formally declares that Supervisor Allen Hale, Chairman, 3130 Laurel Road, Shipman, Virginia 22971; Supervisor Constance Brennan, Vice Chairperson, 524 Buck Creek Lane, Faber, Virginia 22938; Supervisor Thomas H. Bruguiere, Jr., 187 Jack’s Hill Road, Roseland, Virginia 22967; Supervisor Joe Dan Johnson, 91 Rainbow Drive, Arrington, Virginia 22922; and Supervisor Thomas D. Harvey, 10921 Rockfish Valley Highway, Afton, Virginia 22920 have in fact violated their solemn oaths of office to support the Constitutions of the United States and of Virginia and should be prosecuted in accordance with the laws of the Commonwealth of Virginia.

    13. This Affidavit has not been originated out of spite, or in retaliation against any injury, public criticism or ridicule inflicted on me by any member of the Board of Supervisors, since I have not been so injured in any way, but has rather been originated because of my concern as a responsible individual over the lives, personal safety and liberty of citizens of Nelson County.

    The foregoing is a true statement, to the best of my knowledge and belief.

    Dated______April 9, 2009________________

    ___(signed) Kenneth White__________
    Kenneth White
    93 Shields Gap Road
    Roseland, Virginia 22967

    Sworn to and subscribed before me this ___9th______ day of April, 2009.

    My commission expires_____July 31, 2009_______
    State of Virginia
    County of Nelson (seal) DIANNA B. MILLER
    Notary Public
    Commonwealth of Virginia
    368664

  4. I wish to compliment Lawrence Ernst on his statement 6/16/09. He and folks like
    Kenneth White understand the thearchy of elected officials. They contemptuously
    ignoe The Law of the Land which in itself is a threat to our homeland security.
    Thank you kenneth white for being well versed to challenge these flakes, as we
    seek their disposal at the poles.

  5. I had no idea this kind of thing was going on! I’m glad the Board of Supervisors is being told to do the right thing!

  6. A lot of people in Washington are acting as if the law doesn’t matter. Local, county, and municipal authorities have to take official action to see that Washington lawbrakers are corrected, and I think they ought to be punished.

  7. I commend Mr. White for his efforts to promote respect for the Rule of Law for so many years. He has kept a vigil over the civil liberties of the people of Virginia and has informed us of so-called laws that are enacted in violation of our due process and of our human rights. Unfortunately, the so called law makers, better known as law breakers, could care less about the people they so-called represent. Mr. White, thank you for being the voice of so many of us hard working common folk.

  8. For your information, the following is actual text of the Resolution which was submitted to the Board of Supervisors January 13, 2009 and which is recorded in the official Minutes of the Board of Supervisors meeting January 13, 209, which is still relevant today, and WHICH THEY HAVE REFUSED EVEN TO DISCUSS:

    RESOLUTION FOR APPROVAL BY NELSON COUNTY BOARD OF SUPERVISORS

    WHEREAS, the U. S. military expects to have 20,000 uniformed troops inside the United States by 2011 trained to help state and local officials respond to domestic catastrophes among other emergencies, as reported in the Washington Post December 1, 2008; and

    WHEREAS, Pentagon officials releasing this information allege that use of military forces in this way is needed “for domestic security”; and

    WHEREAS, the use of United States Army soldiers inside this nation for law enforcement purposes is a clear violation of the Posse Comitatus Act and the Insurrection Act, which substantially limit the powers of the federal government to use the military for law enforcement unless under precise and extreme circumstances; and

    WHEREAS, Section 1385 of the Posse Comitatus Act states, “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both”; and

    WHEREAS, use of soldiers in this way is a step toward putting the United States under martial law; and

    WHEREAS, under such a military dictatorship commanded solely by the President any American citizen could be punished, imprisoned or even executed without formal charges being brought against him/her and without a trial; and

    WHEREAS, the United States Congress, which is the body lawfully empowered by Article I, Section 8 of the Constitution “to make Rules for the Government and Regulation of the land and naval Forces”, has not taken any steps to authorize such use of our land Forces; and

    WHEREAS, should a real tragedy occur, volunteers and already existing state and local law enforcement and aid personnel thoroughly familiar with local problem areas and individuals are fully capable of dealing with such events, as we witnessed on September 11, 2001; and

    WHEREAS, the military are primarily trained to kill people and break things, and their role during Hurricane Katrina relief efforts was mainly focused on detaining people in sports stadiums and seizing guns from wealthy home owners in high and dry areas, while real recovery measures were left to volunteers and local and state authorities; and

    WHEREAS, deployment of National Guard troops to aid law enforcement or for disaster relief purposes is legal under authority of the governor of a state, but using active duty U. S. Army in law enforcement operations inside America absent conditions described in the Insurrection Act, supra, is completely illegal; and

    WHEREAS, during numerous urban warfare drills in the last decade, troops were trained to raid, arrest and imprison U. S. citizens in detention camps as well as taking over public buildings, and during role playing exercises, actors playing prisoners would scream, “I am an American citizen, I have rights” as they were being dragged away by troops; and

    WHEREAS, domestic emergency deployment of troops may be just the first example of a series of expansions in presidential and military authority, including an increase in domestic surveillance and a creeping militarization of homeland security as part of a long term agenda to abolish Constitutional rule and establish a military form of government; now, therefore, be it

    RESOLVED, that the Nelson County Board of Supervisors declare its strong opposition to emergency deployment of regular U. S. Army troops in Nelson County, in Virginia or elsewhere inside the United States except along this nation’s southern and northern borders for the purpose of stopping illegal immigration; and, be it

    RESOLVED FURTHER, by the Nelson County Board of Supervisors that the Chairman of the Joint Chiefs of Staff, the Secretary of Defense and the President of the United States be urged to rescind any orders that have been, or may in future be, given by U. S. Northern Command (NORTHCOM) to active duty Army troops under its command to take up positions inside the United States except for purposes specified supra; and, be it

    RESOLVED FINALLY, that the Nelson County Administrator prepare a copy of this resolution for presentation to the Delegate and Senator representing Nelson County in the Virginia General Assembly, to the Member of the United States House of Representatives representing Nelson County and the Fifth Congressional District in Virginia, the two United States Senators from Virginia, the Speaker of the United States House of Representatives, the President of the United States Senate, the Chairman of the Joint Chiefs of Staff, the Secretary of Defense, and the President of the United States, in order that they may be apprised of the sense of the Nelson County Board of Supervisors in this matter.

    (END OF RESOLUTION)

  9. There is an investigation into possible violations of several federal laws including the Posse Comitatus Act in Samson, Alabama, where active duty Army military police troops were deployed after a murder spree.
    Here is more about the case:
    http://cnsnews.com/public/content/article.aspx?RsrcID=45206
    Nelson County officials might want to look at the case (recommended in aforementioned post) Wryn v. United States, 200 F.Supp. 457 (1961), discussing the meaning of the Posse Comitatus Act, even if it takes 178 pages to read. It is shameful that nobody there seems to have the guts to tackle this important issue.

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