Caroline County | I'm Surrounded By Idiots

Weekly News Media Briefs – Week Ending October 4, 2008

From the Caroline County Sheriff’s Office:

On August 16, 2008, Deputy F.L. Brennan arrested James W. Conley, 19, of Rappahannock Academy for being Drunk in Public. Upon further investigation of the incident, Conley was charged with Possession of Cocaine. He was released on a $2,500 unsecured bond and a court date of October 8, 2008 was set.

On September 28, 2008, Deputy S. Mullane stopped Delores M. Baker, 54, of Ruther Glen, for a traffic violation. Upon further investigation, Baker was charged with Driving Under the Influence of Alcohol and Refusal to Submit to a Test. She was held on a $1,500 secured bond and a court date of October 8, 2008 was set.

On September 28, 2008, Deputy C.S. Wooldridge was called to assist Caroline Fire and Rescue Personnel. After investigating, Donald R. Jackson, Jr., 42, of Ruther Glen was charged with Being Drunk in Public. He was released on his own recognizance and a court date of October 8, 2008 was set.

On September 28, 2008, Deputy C.M. Polliard stopped Karen B. Warren, 38, of Fairfax, for a traffic violation. Upon further investigation, Warren was charged with Being Drunk in Public, Possession of PCP and Improper Stopping on a Highway. She was held on a $2,500 secured bond and a court date of October 1, 2008 was set. A passenger in the vehicle, Michael A. Coleman, 43, of Stafford, was charged with Possession of PCP and was also arrested on an outstanding warrant out of Stafford County for Possession of PCP. He was held on a $5,000 secured bond and a court date of October 1, 2008 was set.

On September 29, 2008, Deputy D.W. Mundie stopped Stephen C. Boyle, 20, of Mechanicsville, Maryland, for a traffic violation. Upon further investigation, Boyle was charged with Possession of Marijuana, Possession of Drug Paraphernalia, Driving Suspended and Possession of a Radar Detector. He was held on a $5,000 secured bond and a court date of October 8, 2008 was set.

On September 30, 2008, Deputy C. M. Hall (SRO) observed a male juvenile smoking in the bathroom. Upon further investigation, the 15 year old was charged with possession of marijuana and released to his parents.

On September 8, 2008, Investigator M. M. Ellett was assigned to investigate the larceny of firearms in the Ladysmith area. On October 1, 2008, Warren V. DeLoach, Jr. was arrested on three counts of larceny. He was released on a $1500 bond and a court date of October 8, 2008 was set.

On October 1, 2008, Deputy T.P. Connolly was on patrol when he encountered Billie Jo Williams, 37, of Ruther Glen. Upon further investigation, Williams was served an outstanding warrant for Petit Larceny. She was released on her signature and a court date of October 3, 2008 was set.

On October 1, 2008, Deputy R.J. Anderson responded to a Ruther Glen address for an assault call. Upon further investigation, John R. Skinner, 34, of Milford was charged with Breaking and Entering and Assault. He was held on a $2,500 secured bond and a court date was set.

On October 1, 2008, Deputy G.J. Hamilton and Investigator M.M. Ellett responded to a Bowling Green address for a larceny call. After investigating, a male juvenile was charged with Breaking and Entering, Larceny of a Firearm and Grand Larceny. He has a pending court date in Caroline Juvenile and Domestic Relations Court. Additionally, Jessica N. Spurell, 22, of Ruther Glen, was charged with Obstruction of Justice. She was released on a summons and a court date of December 2, 2008 was set.

On October 2, 2008, Deputy C.M. Hall responded to the Caroline Middle School for an unknown situation. Upon investigating, Delores M. Baker, 54, of Ruther Glen, was charged with Being Drunk in Public. She was released on a summons and a court date of November 26, 2008 was set.

On October 2, 2008, Deputy P.E. Ford stopped James A. McFall, 39, of Fredericksburg for a traffic violation. Upon further investigation, McFall was charged with Driving Revoked-Habitual Offender, 3^rd offense. He was ordered held without bond and a court date of October 3, 2008 was set.

On October 3, 2008, Investigation M.M. Ellett responded to a Ruther Glen address for a forgery and construction fraud call. Upon investigating, Wayne T. Allen, 42, of Ruther Glen was charged with Construction Fraud, Forgery, and 2 counts of Operating without a Professional License. He was released on a 43,500 unsecured bond and a court dte of October 3, 2008 was set.

On October 3, 2008, Deputy P.E. Ford stopped Tamara L. Mariner, 48, of Upper Marlboro, Maryland, for a traffic violation. Upon further investigation, Mariner was charged with Possession of Marijuana and Speeding. She was released on her own recognizance and a court date of October 8, 2008 was set.

On October 4, 2008, Deputy P.E. Ford responded to a Ruther Glen address for a trespassing call. Upon investigating, Kunte K. Foxx, 30, of Ruther Glen was charged with Assault. She was released on a $2,500 unsecured bond and a court date of October 7, 2008 was set.

On October 4, 2008, Deputy B.N. Doucet was on patrol in the Ruther Glen area when he encountered Kadeen L. Montgomery, 19, of Ruther Glen. Upon further investigation, Montgomery was charged with Possession of Marijuana. He was released on a summons and a court date of November 7, 2008 was set.

Caroline County Sheriff’s Office Wrap Up

According to Sheriff Tony Lippa, Caroline Deputies made 16 drug arrests, 1 DUI arrest, 17 domestic violence arrests, 163 other criminal arrests and 13 animal control summons or arrests during the past week. The deputies served 272 civil papers, issued 197 traffic summonses, handled 9 motor vehicle crashes, responded to 35 alarm calls, and dealt with 8 juvenile offenders. The Sheriff’s Office Communications Center dispatched 591 calls for service and handled 1,741 telephone inquiries. The CCSO also logged 36 calls assisting outside agencies and had 250 self-initiated calls.

Reporter at The Free Lance–Star ignores the fact that the Henrico County Finance Director said the State Fair brings no money into their county.

In what could only be a paid advertisement masquerading as a news story, The Free Lance–Fish Wrap talks about how the State Fair will be bringing in gazillions of dollars into the county:

Screams from thrill-seekers echo over the State Fair of Virginia’s midway as one ride–the Extreme–wavers from side to side, above the crowds.

Music blasts from various games and vendor booths, while the scent seeps out of a tent housing freshly prepared turkey. Visitors to the rabbits, geese and other caged animals point excitedly and take pictures.

These are the rides, animals, sounds and food the fair will offer next year in Caroline County–but will the screams and crowds follow?

State Fair and county officials hope so.

[blah, blah, blah]

If the lazy “reporters” at The Fish Wrap had bothered to read the Richmond Times-Dispatch yesterday, they would have seen this great gem in a story about the fair (H/t: Tom James):

Henrico won’t suffer financial losses from the fair’s departure, said John Vithoulkas, the county’s finance director. Tax revenues from the fair, which draws about a quarter million visitors each year, are minimal. “It’s just a blip,” he said.

The State Fair of Virginia is a 501(c)(3) nonprofit organization. Most of its activities are exempt from income taxes because of its mission to promote agriculture and education.

Yeah, the State Fair is a nonprofit, but its president, Curry Roberts, makes more than $200,000 for working 60 hours a week.

At least that’s what he tells the IRS.

Did Caroline County lose track of $1,300,000 in tax revenue? Correction/Clarification: Kathy Beard misquoted by The Caroline [Lack of] Progress.

Read the follow up post.

The original post can be read below in its original form:

That, or our astute tourism manager doesn’t know how much money tourism brings into the county (The Caroline Progress):

Kathy Beard, County Director of Tourism, spoke about the role tourism plays in county economics. Beard stated that more than $70 million dollars were spent on tourism related industry in Caroline in 2007, and $1.6 million came back to the county in the form of transient occupancy taxes.

$1,600,000 in transient occupancy taxes (TOT) — that’s the hotel tax for the uninitiated — in 2007?

Let’s see, according to the proposed FY07-08 budget (p. 193), in the second half of the 2007 calendar year, the county only brought in $150,719 in TOT.

Assuming that the county brought in the same amount during the first half of the ’07 calendar year (probably not, but let’s assume), that means a total of $301,438 during the whole calendar year.

So, that leaves three possibilities (I’m leaning towards option #2):

The county “lost” $1,300,000 in tax revenue.

Kathy Beard doesn’t know jack about how much money comes into the county, and decided to claim a figure more than five fold higher than the actual number.

She was misquoted (always a possibilities with The Caroline [Lack of] Progress).

In other funny stuff from the Economic Development Office, you gotta love the fact that the e-mail link to Director Gary Wilson that is on the Economic Development Office’s homepage doesn’t even work.

How bad is it for an Economic Development Office to not even have a functioning e-mail link to the Director?

Caroline County government: We don’t have to tell you where your money is being spent.

Here’s a copy of an e-mail that I sent to County Administrator Percy Ashcraft on September 25th:

Dear Mr. Ashcraft,

What was the total cost of adopting the ordinances that vacated Saddlehorse Farms and the other subdivision owned by the Farmers?

This request for information includes, but is not limited to: the cost for advertising the public hearing, any cost for legal services by the county attorney (not asking for the privileged work of the county attorney, just the cost), as well as the waiver of fees to the Farmers for the Planning Commission hearings that had to be conducted.

When will the county be taking action against the other six (or more) subdivisions that were identified to also be in violation of the subdivision code? Surely the Board does not intend to selectively and vindictively prosecute one person.

-Tim

Here’s the response I received from the county attorney, Benjamin Emerson, via snail mail today [emphasis mine] (PDF link):

Dear Mr. Watson:

As I believe you are aware, this firm and I represent Caroline County as its County Attorneys. Your e-mailed request for information to Mr. Ashcraft was referred to me for response as a request under the Virginia Freedom of Information Act (“FOIA”).

Your e-mail inquires as to the cost of adopting certain ordinances vacating the Saddlehorse Farms subdivision and other subdivisions being developed by the Farmers, and includes other questions.

Among other things and with certain exceptions and limitations, FOIA requires that public records of public bodies be open and made available to citizens of the Commonwealth for inspection upon request being made for such records with reasonable specificity. It does not require the public body to compile records, to create records that do not exist, or to respond to questions in general that are not requests for specific documents or existing records.

Because your inquiry consists of questions to which you have requested answers, it is not subject to FOIA.

Sincerely,

[signed]

Benjamin W. Emerson

Well, the county just managed to get their butts sued over this issue.

And for the record, anyone think that payments made to The Caroline Progress aren’t public records?

I guess the judge in Caroline County General District Court will be deciding that.

Weekly News Media Briefs – Week Ending September 27, 2008

From the Caroline County Sheriff’s Office:

On September 23, 2008, Deputy M.J. O’Connor responded to a Ruther Glen business to complete a follow-up investigation on a larceny that occurred on September 15, 2008. After investigating, Mary R. Lee, 33, of Ruther Glen was charged with Embezzlement. She was ordered held without bond and a court date of September 24, 208 was set.

On September 19, 2008, Deputy C.M. Hall encountered 3 juveniles, while on patrol at the Caroline High School football game. All three juveniles were charged with trespassing and one juvenile was also charged with Underage Possession of Alcohol. All three juveniles have a pending Court date in Caroline Juvenile and Domestic Relations Court.

On September 20, 2008, Deputy G.J. Hamilton responded to a Ruther Glen address in reference to Destruction of Property. After investigating, a juvenile was charged with Throwing a Missile at an Occupied Vehicle and Destruction of Property. The juvenile has a pending court date in Caroline Juvenile and Domestic Relations Court.

On September 21, 2008, Deputy W.D. Lipscomb stopped Derrick J, Rippy, 29, of Richmond, for a traffic violation. Upon further investigation, Rippy was charged with Destruction of Property. He was released on his own recognizance and a Court date of November 28, 2008 was set.

On September 21, 2008, Deputy J.O. Cecil responded to a Ruther Glen address for a report of Animal Cruelty. After investigating, William G. Dean, 46, of Hanover was charged with three counts of Failing to Pay License Tax and three counts of Failing to have Dogs Vaccinated for Rabies. He was released on a summons on all charges and a court date of January 21, 2009 was set.

On September 21, 2008, Deputy C.A. Heywood stopped Michael B. Harris, 23, of Ruther Glen for a traffic violation. Upon further investigation, Harris was charged with Driving Under the Influence of Alcohol and Fail to Drive on the Right Side of the Highway. He was released on a $2,000 unsecured bond and a court date of October 1, 2008 was set.

On September 22, 2008, Deputy C.M. Hall encountered a juvenile acting disorderly at the High School. After investigating, the juvenile was charged with Disorderly Conduct. He has a pending court date in the Caroline Juvenile and Domestic Relations Court.

On September 22, 2008, Deputy C.M. Hall encountered juvenile at the Caroline High School. After investigating, the juvenile was charged with trespassing. He has a pending court date in the Caroline Juvenile and Domestic Relations Court.

On September 22, 2008, Deputy C.A. Heywood responded to a Ruther Glen address for an intoxicated person. Upon investigating, Donnie L. Poindexter, 46, of Ruther Glen was charged with being Drunk in Public, Assault on a Law Enforcement Officer and Obstruction of Justice. He was ordered held without bond and court date of September 24, 2008 was set.

On September 23, 2008, Deputy D.W. Mundie responded to a Ruther Glen address for a report of a sexual assault. After investigating, Brian M. Braxton, 27, of Ruther Glen was charged with Sexual Battery. He was held on a $1,500 secured bond and a court date of September 24, 2008 was set.

On September 23, 2008, Deputy K. Digravio-Ferguson responded to a Bowing Green address for a Domestic Disturbance. Upon investigating, Michael W. Henson, Sr., 36, of Bowling Green was charged with Domestic Assault. He was ordered held without bond and court date of September 25, 2008 was set.

On September 23, 2008, Deputy S. Mullane encountered Keith A. Pleasants, 34, of Ruther Glen. Upon further investigation, Pleasants was charged with Driving Suspended, Possession of a Schedule I or II Narcotic, and Driving Under the Influence of Alcohol/Drugs. He was held on a $2,000 secured bond and a court date of September 24, 2008 was set.

On September 24, 2008, Deputy C.M. Pollard stopped Erik H. Ingram, 39, of Port Royal for a traffic violation. Upon further investigation, Ingram was charged with Felony Habitual Offender and Fail to Obey a Stop Sign. He was ordered held without bond and a court date of September 26, 2008 was set.

On September 26, 2008, Deputy C.A. Heywood stopped Basil E. Fountain, 56, of Highland Springs for a traffic violation. Upon further investigation, Fountain was charged with Driving Under the Influence of Alcohol, Refusal to Submit to a Test and Littering. He was held on a $2,500 secured bond and a court date of October 1, 2008 was set.

On September 27, 2008, Deputy C.A. Heywood stopped Christopher R. Cannon, 27, of Ruther Glen for a traffic violation. Upon further investigation, Cannon was charged with Driving Under the Influence of Alcohol and Defective Equipment. He was released on a $2,500 unsecured bond and a court date of October 3, 2008 was set.

On September 27, 2008, Deputy C.M. Polliard stopped Ann McCrummen, 48, of Bowling Green for a traffic violation. Upon further investigation, McCrummen was charged with Driving Under the Influence of Alcohol and Drive Revoked – DUI related. She was held on a $2,500 secured bond and a court date of October 1, 2008 was set.

Caroline County Sheriff’s Office Wrap Up

According to Sheriff Tony Lippa, Caroline Deputies made 9 drug arrests, 5 DUI arrests, 13 domestic violence arrests, and 70 other criminal arrests during the past week. The deputies served 221 civil papers, issued 264 traffic summonses, handled 6 motor vehicle crashes, responded to 36 alarm calls, and dealt with 12 juvenile offenders. The Sheriff’s Office Communications Center dispatched 548 calls for service and handled 850 telephone inquiries. The CCSO also logged 27 calls assisting outside agencies and had 324 self-initiated calls.

My comments to the Caroline County Board of Supervisors at their September 23rd meeting.

At the September 8th, 2008, meeting of the Caroline County Board of Supervisors, the board approved the following item on their consent agenda: Adoption of a Resolution that Revises the June 24, 2008 Budget Resolution to Incorporate Errors and Omission that Were Approved by the Board during Budget Discussions.

Item #2 in the resolution was the following:

Davenport [& Company LLC, the firm hired to help with preparing this year’s budget] learned after the June 24, 2008 Budget Resolution adoption that in July 2007 the Board adopted an increased in the Board of Supervisors’ salaries. Therefore this was not included in the original Budget Resolution.

The resolution stated that this would have the following impact on general fund expenditures:

[…] 1) a $25,518 [possibly a typo and should be $23,518 -ed.] increase in the Board of Supervisors budget to compensate for the increase in the Board’s salaries […]

$23,518 increase. That accounts for a $4,703.60 increase per supervisor. That’s a 26.43% increase in pay compared to last year.

Meanwhile, members of the county staff only received a 2% salary increase this year. So, unless someone on the county staff makes $235,180, not only did the Board receive a bigger percentage increase, the Board also received a bigger net increase as well compared to anyone on county staff.

This pay increase was approved after the tax rate in county was increased by $0.05/$100 during a sagging economy. This pay increase was approved after the supervisors learned there was a $755,321 shortfall from the last fiscal year.

To make this matter even worst — as if that was possible — the board a hour and half later later told the Ladysmith Volunteer Fire Department that the Board and the county had no idea where they would find the money necessary to finish paying for a fire truck.

The cost to finish paying for the fire truck? $25,000 to $30,000 dollars.

Those aren’t the only problems with the pay increase.

According to the summary for the consent agenda item, this pay increase was approved by the Board in July 2007.

However, § 15.2-1414.2 of the Code of Virginia requires a pay increase such as this to be adopted “prior to July 1” of the year that the board will be up for election:

Prior to July 1 of the year in which members of the board of supervisors are to be elected or, if the board is elected for staggered terms, of any year in which at least forty percent of the members of the board are to be elected, the current board, by a recorded vote of a majority present, shall set a maximum annual compensation which will become effective as of January 1 of the next year.

The last I checked a meeting in July isn’t “prior to July 1”.

Thank you for your time.

They didn’t have anything to say about that, by the way.

Remember VSE? That defense subcontractor that Gary Wilson et al. tout as an economic development success?

Yeah, they’re in the process of getting fined $17,400 for violating numerous environmental regulations (Link [PDF]):

SECTION C: Findings of Fact and Conclusions of Law

VSE is a publicly traded professional services company that provides engineering and technical support services to the U.S. Government.

The VSE Facility which is the subject of this Order, is the Ladysmith Blast and Paint Facility, located at 17253 Center Drive in Ladysmith, Virginia.

At the Facility, VSE generates waste paint and related material, spent blast media, spent solvents, used wipes, and used personal protective equipment as part of its blast and paint operations.

4. VSE notified DEQ of the Facility’s status as a CESQG on December 29, 1992, and amended its status as a SQG on August 13, 2007.

DEQ staff conducted a hazardous waste compliance evaluation inspection at the Facility on January 25, 2008.

Waste generation records reviewed onsite at the January 25, 2008 inspection showed that the Facility has been a LQG for at least three years.

VSE notified DEQ by letter dated February 25, 2008, of its current LQG status. VSE also noted in this letter that the Facility had exceeded SQG status in 2005 and 2006, and that VSE was prepared to pay arrearage and current application fees for LQG status at this site as may be stipulated by DEQ.

On May 22, 2008, DEQ issued a Notice of Violation (NOV) to VSE that set forth the following violations of the Regulations observed during the January 25, 2008 inspection:

Failure to make a hazardous waste determination in accordance with 40 CFR 262.1 1.

Failure to properly complete a manifest in accordance with 40 CFR 262.20(a).

Failure to label containers before transportation off-site with the words and information required by 40 CFR 262.32(b).

Failure to store waste in containers complying with the requirements set forth in 40 CFR 262.34(a)(l)(i) and 265 Subpart CC.

Failure to label waste containers with the dates that the hazardous waste began accumulating in accordance with 40 CFR 262.34(a)(2).

Failure to label containers storing hazardous waste with the words “hazardous waste” as required by 40 CFR 262.34(a)(3).

Violation of 40 CFR 262.34(c)(1)f or accumulating more than one 55-gallon container of hazardous waste at or near any point of generation.

Failure to provide hazardous waste management and emergency procedure training to personnel, failure to make arrangements with local authorities, and failure to have a contingency plan, as required by 40 CFR 262.34(a)(4) and 265 Subparts C and D.

Failure to properly close containers holding hazardous waste during storage as required by 40 CFR 262.34(a)(l)(i) and 265.173(a).

Failure to inspect areas where containers are stored at least weekly as required by 40 CFR 262.34(a)(l)(i) and 265.174.

Failure to label or mark universal waste, and failure to label containers holding universal waste batteries with the date the waste began accumulating in accordance with 40 CFR 273.14 and 40 CFR 273.15(c).

Failure to notify the Department of the location of hazardous waste accumulation areas as required by 9 VAC 20-60-262.B.4 and 40 CFR 262.34(c).

Failure to notify the Department of LQG status as required by 9 VAC 20-60-3 15.D.

While not noted in the May 22,2008 NOV, the Facility failed to pay the LQG annual fees required by 9 VAC 20-60-1283 through 1285 for the years 2005, 2006, and 2007.

VSE representatives met with DEQ on June 12, 2008 to discuss the violations noted in the May 22, 2008 NOV, and the current enforcement action.

The development and maintenance of a compliance binder as required by Appendix A of this Order, will better ensure that the Facility operates in compliance with the Applicable hazardous waste regulations.

SECTION D: Agreement and Order

Accordingly, the Virginia Waste Management Board, by virtue of the authority granted it in Va. Code §§ 10.1 – 1402, 10.1 – 1405, and 10.1 – 1455, orders VSE Corporation, and VSE Corporation agrees to perform the actions described in Appendix A of this Order. In addition, the Board orders VSE Corporation, and VSE Corporation voluntarily agrees, to pay a civil charge of $17,400.00 within 30 days of the effective date of the Order in settlement of the violations cited in this Order. Payment shall be made by check payable to the “Treasurer of Virginia”, delivered to:

Receipts Control
Department of Environmental Quality
Post Office Box 1104
Richmond, Virginia 23218

The payment shall include VSE Corporation’s Federal Tax ID number and shall state that it is being tendered in payment of the civil charges assessed under this Order.

Bravo.

Good job ignoring the fact that Jeff Sili violated the Code of Virginia. And other stupidity from this week’s BOS meeting.

What, that’s the second or third time, right? It’s hard to keep track.

The Caroline County Board of Supervisors approved the rezoning of Belmont North 3–2 on Tuesday night. Supervisors Bobby Popowicz, Maxie Rozell, and Chairman Floyd Thomas voted to approve while Supervisors Wayne Acors and Jeff Sili voted against the rezoning.

Wayne Acors had his reasons (too much development in that area already); but Jeff Sili employed a logical fallacy (imagine that!) of a slippery slope argument stating that, “if we approve Belmont North, we have to also approve this 600 house subdivision working its way through the planning commission!”, instead of addressing Belmont North on its own merits.

As Chairman Floyd Thomas pointed out, the Code of Virginia requires that a rezoning/special exemption request or permit be accessed individually and on its own merits. To do otherwise is a violation of the Code of Virginia.

Here’s how The Free Lance–Fish Wrap wrote it up:

Supervisors Wayne Acors and Jeff Sili argued the board should not be creating more home sites when it has thousands of unbuilt residential lots and more development proposals in the pipeline.

Actually, Wayne Acors did not argue the second point. If you had paid attention, you would heard him say he thought there was too much development in that area already and not that were any other rezoning applicants coming forward.

[…]

He [Jeff Sili] also referenced another rezoning request by a different developer for more than 600 homes that is under review by the Planning Commission.

Sili noted that while he should consider the proposal based on its own merits, he was looking at the bigger picture, including other proposals.

“I don’t think we can fool ourselves by saying we are looking at one development,” he said.

[…]

[Chairman Floyd] Thomas [who represents the district the proposed rezoning is in] said he was going to look at the proposal individually. He noted tangible benefits to the county, such as the fire station.

“I can’t worry about what the next project or the next development is,” he said.

[…]

[Bobby] Popowicz said the Sealys went “above and beyond” to make their proposal attractive to the county.

To say the least.

The county’s stated proffer policy is $17,632.36 per house.

The Sealys proffered over $12,800,000 (if I remember the number correctly) for Belmont North which is a 530 home development. That’s over $24,150 per house. That’s 36% more than the county’s stated policy!

Included in that proffer is the land for, and the design and the construction of a new fire station that must been completed within 30 months.

There’s the 20 acres for the school at a mutually agreed upon location with the Sealys providing soil testing to the county for free.

Improvements to the roads in the area.

Berms and barriers next to existing land owners above and beyond the county’s stated policy on berms and barriers.

Prepayments to the county’s utility system that will pay for the borrowing on the infrastructure for the system for the next three years.

But that’s too technical for The Fish Wrap to mention, after all, they had to make space in that story for the important and pressing information that golf carts can now be used on public roads in the Caroline Pines subdivision.

Yeah, folks, that’s the hard news coming out of the Caroline County Board of Supervisors meeting this week.

The Free Lance–Star sends nastygram to yours truly over the posting of an obituary (which they have no copyright claim to in the first place).

On September 9, 2008, I noted the passing of School Board member Bill Anderson.

On September 10, 2008, at or around 12:49 a.m., I updated the original post with the death announcement that appeared in The Free Lance–Star.

On September 11, 2008, at or around 3:24 a.m., I updated the original post by posting the full obituary for Mr. Anderson that appeared in the paper.

Today, September 23, 2008, at 12:17 p.m., I received the following e-mail [emphasis mine]:

Brian Baer <bbaer@fredericksburg.com> Tue, Sep 23, 2008 at 12:17 PM

To: [redacted]

Hi Tim,

I’m writing to notify you that you have violated The Free Lance-Star’s copyright by posting an entire newspaper obituary for William Anderson on your blog.
Here’s a link to our permissions policy – should you see other content in the future on fredericksburg.com that you want to take: http://fredericksburg.com/News/Web/permissions
Thanks in advance for changing the post.
Have a great day.

– Brian Baer
online managing editor, The Free Lance-Star

Yeah, folks, that’s real.

My first reply to Mr. Baer:

The last time I checked, the obituaries are sent to your paper by the funeral home, ipso facto, you have no copyright claim to them. Otherwise, you should pursue legal action against Storke Funeral Home for their website.

You folks aren’t the brightest, are you?

And thanks for the blog post.

“Paper complains about use of obituary”. Classy.

A follow-up reply I sent to him:

And isn’t it a violation of federal law to fraudulently claim to have the copyright authority over published works?

And sure enough, it is!:

Just so you know Mr. Baur, 17 U.S.C. § 506 (2007) reads, in part:

(c) Fraudulent Copyright Notice.— Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

I will be forwarding this e-mail, both electronically and via snail mail, to the local United States Attorney for the Richmond Division for the Eastern District of Virginia.

Further e-mails from you or anyone else at your organization will result in me seeking judicial relief for harassment and/or stalking.

Thank you,
Timothy Watson

What a rag…

Actually, saying that is mean to rags, they serve purposes unlike this paper.

So, which Caroline County Supervisor is leaking information from closed session meetings of the Board of Supervisors?

A couple months ago, a Caroline County citizen raised objections regarding the Caroline County Board of Supervisors, Caroline’s Promise, and Caroline’s Promise’s faith based initiatives. Separation of church and state and all that.

Feel free to argue amongst yourself as to whether you agree with Caroline’s Promise’s policies and programs or not, but that’s the topic of discussion for another post.

Here’s the topic of this post, however: If you heard over to the Caroline County forum on that waste-of-electrons known as FredTalk, you will see people taking about what the Attorney General said in an legal opinion that was provided to the Caroline County Board of Supervisors during a closed session meeting.

This opinion should be covered under closed session meeting standards, as well as under attorney/client privilege, and not be discussed with members of the public.

The opinion which information was leaked from was an informal/unofficial opinion that the Board requested to see if there were any problems that needed to be rectified immediately.

The Board has also requested an official, formal opinion that will be released to the public in the future, which hasn’t finished being prepared at this point.

County Administrator Percy Ashcraft has confirmed that a leak has occurred and stated that the leak didn’t come from anyone on the county staff.

He pointed out that there were only eight or nine people in the room. Three or four people were county staff: Percy Ashcraft; the county attorney; the deputy county administrator, and possibly Ashcraft’s administrative assistant (she skips the closed sessions sometimes due to the fact that no minutes have to be kept for closed sessions).

None of these persons have the position or reason to leak this information. The County Administrator’s Office would be smart enough not to discuss anyone without the proper “clearance”, and the county attorney should understand the principles of attorney/client privilege.

So, folks, who does that leave?

Well, those five lovely folks on the Board of Supervisors.

Now, which member of the Board of Supervisors has connections to that waste-of-electrons known as FredTalk?

Why, that would be Jeff Sili. His wife loves to post on that forum using the alias “oharascarlett” and is bestest buddies with the persons talking about the information contained in the legal opinion.

Not only that, but isn’t Susan Sili on the Board of Directors of Caroline’s Promise? Why, yes, I believe she is.

Sidebar: Anyone else see a conflict of interest in the Board of Supervisors appropriating money to an organization that is being ran by family members of the supervisors?

Of course, this isn’t the first time that confidential information has been leaked from the Board of Supervisors.

The last time around, it was Susan Sili posting about who would be hired for a job — nine days before there was an official announcement!

The person who was hired? A good friend of the Silis!

If I’m not mistaken, it’s against the law to leak information from a closed session. Even if it isn’t against the law, it’s a violation of the Board’s attorney/client privilege.

Has the Board of Supervisors launched an inquiry into this matter?

Are criminal charges being pursued at this point? Impeachment? Censure? Etc.