Yorktown Crier | Poquoson Post published weekly in York County, Yorktown and Poquoson, Virginia. February 15, 2018 Edition.
Page 6 Legals February 15th-21st, 2018 Richmond -- Yesterday was officially “Crossover Day” at the General Assembly, the day on which the House and Senate had to complete work on bills that originated in their respective chambers. From now on, it’s survival of the fittest bill — or at least the savviest patron. Some bills will get amended and sent back to their original chamber. Others will die on their journeys “down the hall.” The breakneck pace of the session slows for a few days now that hundreds of bills have met their demise. Committee works comes to a near standstill the We often hear about Supreme Court Chief Justice John Marshall as being an American jurist icon. Wikipedia says of him "... the fourth Chief Justice of the United States (1801–1835). His court opinions helped lay the basis for United States constitutional law and manysay he made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches." It is true that he has had considerable influence on American jurisprudence. But, rather than being an asset, he was, instead, the author of dangerous innovations. In 1816 he made a ruling which was clearly a breach of constitutional limitation on congressional power. Our Constitution clearly states that which the federal Congress is authorized to do. The list enumerates only those General Assembly 2018 Week 5: Crosscurrents At Crossover days immediately before and after crossover as vote-a-ramas take place on each floor. Then the pace accelerates again as lawmakers race to another deadline — adjournment — as some bills get volleyed back and forth before settled or disposed of in conference committees. But it’s also a period of crosscurrents. A bill can be held hostage to ensure the other chamber gives fair (i.e., favorable) treatment to a certain bill or get beat up not for the policy it contains but for retaliation. You kill our bill, we kill your bill. You never know when, which or why an things that the individual and sovereign states relinquished to the federal government. Basically, they are the few things that are better done by all the states as a group. But, just to nail it down, to make sure that the federal government didn't get out of bounds, our Founding Fathers added the first nine amendments stating what the federal government cannot do and the Tenth Amendment which says that, if we didn't mention something, you can't do that either. But, in short order, Supreme Court Chief Justice John Marshall made a ruling based on the fallacy that "... let the end be within the scope of the Constitution, and all means which are appropriate ... which are not prohibited but consistent within the letter and spirit of the Constitution ..." In other words, the federal government can do anything the Constitution unsuspecting bill will catch “a fever.” Sometimes it’s a bill that seems innocuous enough, at least to its supporters. Then an interest group(s) will detect it and raise a stink and hold it up. Other times the bill can be an innocent bystander caught in an intramural squabble — not all politics are Republican vs. Democrat. More often than not it’s establishment vs. insurgents. Or, put another way, Dominion Energy vs. everyone else. Unless you are paying close attention or just happen to be tracking a certain bill that gets caught up in a crosscurrent, the signals aren’t does not specifically bar it from doing. (emphasis mine) This is the same rationale that would justify it when you contract with a carpenter to install a new door and you get a bill for thousands of dollars for the door, shelving, and a new roof, and the carpenter's defense is that you didn't tell him not to do those things. This has set a precedent that has been destructive to our freedoms ever since. Example, because the Constitution doesn't specifically say that the government can't dictate medical care or that it can't round up all people who pledge allegiance to the flag and put them in always apparent. In one instance, as a warning shot, two powerful senior senators, both of whom support Dominion, voted against a bill in the Finance Committee that otherwise had unanimous support. One of those senators previously voted for the same bill in another committee. When going to bat for an ally, pulling a John Kerry is of little consequence. The patron of the bill has been a vocal critic of the energy giant. Despite the risk to his bills he pressed on and brought 14 floor amendments to the Dominion bill, which happened to hit the floor the same day detention camps, it is entitled to do so. Another departure that John Marshall is responsible for is what is called The Elastic Clause, which gives Congress the power "To make all laws necessary and proper for carrying into execution the foregoing powers and all other powers vested in the Government of the United States, or any department or officer thereof." This has been misinterpreted to apply to anything considered "proper" and consider "proper" to mean anything that is acceptable. his aforementioned bill did. While the amendments were not treated kindly his bill sailed through unanimously, with the opposing senators switching back to yes votes. After all, the warning had been sent. No further need to torture a good bill. But you never know. Friday, during the debate over the regulatory revamp for Dominion, as senators were eager to get home after a long day of floor debate and voting, the power went out in the chamber. Was it a crosscurrent of political or electrical making? A coincidence? Or a sign from the political gods? The House This is totally ignoring the part that says that it applies "to the foregoing powers and all other powers vested "- only the enumerated powers, but nothing more. The enumerated powers are the specific things listed in the Constitution that the states authorized the federal government to do, which are mainly: pay debts, sign treaties. borrow money, regulate commerce with foreign nations by collecting tariffs and between the states by allowing it without heavy tariffs, establish rules of naturalization and bankruptcies, punish counterfeiters, establish post office and post roads, establish patents, establish courts below the Supreme Court, declare war, establish a military and provide for our defense. Why would those By Stephen J. Rossie CAPITOL SQUARE DIARY was unaffected. The Senate clerk noted that the body had paid its bill. As it turned out, city of Richmond crews were doing work nearby and struck an allegorical nerve. The vote had to be taken the old school method — by roll call of all 40 senators. Consitutional Connection: The Correct Role of the Supreme Court of TIME- YORK COUNTY, VIRGINIA By Sue Long who formed the Constitution list what the government could do, if, according to adherents of Marshall's philosophy or the "Elastic Clause", government could do anything it wants? As the Constitution is designed, it is Congress that has the most power, especially the House. Yet, largely due to Marshall and the repercussions of his rulings, the Supreme Court has taken on powers beyond the intention of the Constitution. Until we have a Congress that assumes its responsibilities, we cannot correct the situation. County of York, Virginia (the each of the owners shown below as required in the Time-Share Documents by reason of failure to pay maintenance fees and notice of default having been given to each of the owners specifying the amount thereof and payment not having been made, the undersigned will offer for sale at public auction at the Front Entrance of the Circuit Courthouse Building at 300 Ballard Street, Yorktown, Virginia 23690 on March 13, 2018 at 11:00a.m. the Time- County (Williamsburg), Virginia 23185. ORDER OF PUBLICATION Commonwealth of Virginia VA. CODE § 8.01-316 Case No. JJ013563-04-00 York County Juvenile and Domestic Relations District Court Commonwealth of Virginia, in re EIMER, JEWEL MARIAH GORDON, EMMA LEE /v. EIMER, ROBERT GORDON, NATHELLIA ELIZABETH The object of this suit is to: DETERMINE CUSTODY/VISITATION OF JEWEL EIMER DOB: 01/21/1993 It is ORDERED that the defendant EIMER ROBERT appear at the above-named court and protect his or her interests on or before 04/20/2018, 8:30 AM Deed Recordation Owner(s) Time-Share Estate No. Dated No. Joann B. Ridley Unit 119, NKA, 101 Shipyard Drive, A & B, Week 13 Biennial (Odd) 7/22/1999 000004881 John I. Thomas 400 Ironhinge Road, A & B, Week 14 Berthel R. Thomas Annual 7/11/2000 000016892 David C. King Shirley J. Smith-King 110A Jasmine Crescent, Week 12 Annual 8/16/2003 030038927 Benjamin J. Gryctko III 117B Jasmine Crescent & 119B Jasmine Crescent, Week 42 Annual 6/21/2003 030025751 William O. Guy 302 Turtle Trace, A & B, Week 32 Deanna O. Guy Biennial (Odd) 7/18/2006 070010226 Micheline Messler 102A Aster Lane, Week 11 Biennial (Even) 2/12/2007 070011753 Fred M. Whitehead 111 Petersburg Circle, A & B, Week 41 Estate of Michelle Y. Jones Annual 4/28/2013 130011465 Robert G. Alex 113B Aster Lane and 115B Aster Lane, Week 16 Annual 5/10/2014 140009172 Paul Johnson 108B Dakota Drive, Week 2 Biennial Antoinette D. Johnson (Even) 8/21/2009 100000180 Barbara J. O'Neil 123A Jasmine Crescent, Week 19 Annual 4/12/2014 140006239 Sale shall be made subject to all existing easements and restrictive covenants as such may lawfully affect the real estate including the First Amended and Restated Time-Share Instrument for King's Creek Plantation Time-Share Project, made by King's Creek Plantation, L.L.C., recorded in the Clerk's Office of the Circuit Court of York County, Virginia, in Deed Book 1065, Page 0290, as amended and supplemented from time to time. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. Terms: Cash. Settlement within ten (10) days of sale. A bidder's deposit not to exceed $100.00 may be required. For Information Contact: Kings Creek Plantation, L.L.C. 191 Cottage Cove Lane Williamsburg, VA 23185 1-855-895-8738 Publication Dates: February 15, 2018, February 22, 2018, March 1, 2018 and March 8, 2018 Kenneth V. Farino, Sole Acting Trustee
Sports February 15th-21st, 2018 Page 7 With The District Title on the Line, Clippers and Rams Face Off on the Court This was the game Grafton played not by much, but they games of all games. It with all hands on deck, scored a few more points was the biggest boys basketball game this season and so much was on the but the Rams edged them out almost every time. Not in the first though, it than Grafton did. A few more points could add up to quite a lead by the end line. It was literally #1 was a pretty close, hard of the game. The versus #2. Lafayette was fought game. Whoever Clippers sunk ten points number one in the district while Grafton was second. was going to win the district title was not going to while the Rams made fourteen. This made the Whoever won the do so easily. Grafton was halftime score 20-22, game would earn the district just above Lafayette by Lafayette. Now the Rams title. Grafton has two points. The first had the very small lead to racked up a few in past quarter score was 10-8, keep in place. The district few season, but Lafayette Grafton. It was pretty title was still up for grabs. had never done so. The only thing stopping them close, a single basketball could change it. It could be anyone’s. Grafton had this were the Grafton It was in the second repeat going, each quar- Clippers. the Rams started to ter they scored the same For most of the pull ahead some. It was amount of points. It was N E W P O R T NEWS, Va. – Saturday, February 3, The Mariners' Museum and Park will open a new exhibition featuring more than 60 items made by sailors or artisans at sea. For centuries, sailors used their leisure time to create objects and artworks that document life at sea, commemorate historic events, or simply celebrate the extraordinary skill of the maker. Scrimshaw – carved or engraved whale ivory or walrus tusks, made by Check out bayriversdistrictva.org for the latest post-season schedules! in this quarter they scored ten points for the third time in a row. Lafayette’s defense did not allow for anymore. Once more Lafayette scored more, but only by a few. In this quarter it was only thirteen, three points more. It was adding a bit. There were one quarter to play to decide who the district champion was going to be. In this quarter Grafton were able to score more than ten, but not by that much. They By Martin Phillips made eleven, it was not ups. The Clippers are ten. The Rams pulled sailing into the postseason. ahead by their largest It’s not over for lead in the game making them yet! The Lafayette sixteen points in the rematch is actually this quarter. By the end of it Tuesday at Grafton they had made a ten again! It is a make-up point lead. They just kept game from early January. pushing it through. The These squads are meeting final score was 51-41, sooner than thought. Lafayette. The Lafayette Lafayette still earned the Rams won their first district district title and can’t lose championship ever. it. Grafton can still win That is something to congratulate the game for old time’s them for. sake though! Grafton boys basketball is far from over even with the loss. They are still district runner- In Make-Up Game, Grafton and Lafayette Girls Basketball Ramp Up the Defense This past week the regular season for the winter high school sports ended. The entire thing is not through with yet, but the regularly scheduled games are all done with. It did go by fast, but, again, not finished yet. There are some make-up games and post season starts occurring this week. Before we get there let’s review some last match-ups of the regular season. Before it all ended, Grafton girls basketball played Lafayette and it was quite a close one. With reschedules and all, Lafayette had to face Grafton at home twice in a row within two days. They won the first one. Would it be a sweep? Lafayette does have a better record than the Clippers, but not by much; it’s only a few wins. It was a pretty evenly matched game. Lafayette really pulled ahead at first. If you don’t know girls basketball they are notoriously low New Exhibition at Mariners’ Museum Features Handmade Works of Art whalers – is one of the most well-known, sailormade arts. Over hundreds of years, many began additional hobbies using materials they had on hand to fill their time while traveling the oceans. Jeanne Willoz- Egnor, Director of Collections Management at the Museum, served as the curator for this exhibition. "Over the past few months, I have spent a great deal of time scouring the Museum's collection for sailor-made scoring. It is just a different game compared to boys. It doesn’t mean it’s not good or anything. L a f a y e t t e rammed through the first quarter shooting nine points into the basket while Grafton had four. It was a small lead that was not going to be easy to keep. The Clippers kept up their guard in the second quarter. Their defense really stepped it up, in fact both teams did. It was probably one of the lowest scoring objects and artworks. It was difficult choosing which items to include from among the thousands of amazing pieces in the collection, but the result is a display of unique items that reflect the lives, values, and extraordinary skill of their makers. For many objects, this will be the first time they have been on public display," said Willoz- Egnor. One of the most important artifacts in the exhibition is a watch stand made by Nantucket quarters in girls basketball I have ever seen. Grafton only made one basketball and Lafayette only made two. That right, Grafton scored two points and Lafayette scored four. Making the halftime score13-6. Hoping things would pick up in the next half, they indeed did, not terribly, but better than a single basket. Grafton was really competing with Lafayette. Making similar moves, putting up some shots. At the end of the quarter the Clippers put up one more point than Lafayette scoring seven to their six. last quarter came and it was when a team put up double digit points. Grafton was the first to make ten points in the game while Lafayette only made seven. At the end of the quarter Grafton made three more points, which was ironic because they lost by three. It was a little late to gain the lead. Lafayette won 26-23. whaleman Charles Tobey in 1819 as his ship, the Lady Adams, rounded Cape Horn. The piece was made less than 30 years after American whalers first headed into the Pacific to hunt the vast herds of sperm whales that resided there. The watch stand's beautiful imagery features symbols of faith, hope, love, and family. It most likely reflects Tobey's love of his family and desire to return home safely. Visitors to the exhibition will see numerous works of art, scrimshaw, decorative knotwork, and household items that will provide a glimpse into the daily lives of those who made By Martin Phillips The Rams won both meetings within a couple days of playing. It The was all still close. The season is not over. Grafton plays at Warhill Monday February 12th. It is then when the regular season will officially be finished. The postseason brings a lot of excitement, stay tuned and witness it for yourself. Submitted by Virginia Gasink their livelihoods on the sea. For more information, please visit www.MarinersMuseum.o rg/sailor-made/. Spring Wildfire Season Begins February 15th in Virginia Risk Varies Across the Commonwealth As wildfire season approaches, an increased threat is expected in some areas of Virginia. Factors influencing this risk include a lingering lack of rain, minimal snowfall and continued growth into areas where development and natural areas meet. More than 60 percent of Virginia’s annual average of 1,000 wildfires occur in the spring – with March and April historically being the most active months. Escaped fires from debris burning and arson continue to be Virginia’s leading cause of wildfires. To help reduce the number of wildfires this time of year, the Commonwealth’s 4 p.m. Burning Law goes into effect February 15. The law prohibits open burning between the hours of midnight and 4 p.m. each day. Burning is permitted between the hours of 4 p.m. and midnight. However, if weather conditions are such that a fire is likely to escape, officials at the Virginia Department of Forestry (VDOF) encourage people to refrain from burring, regardless of the time. Such conditions include low humidity, warm temperatures and winds over 10 miles per hour. The law remains in effect until April 30. “The 4 p.m. Burning Law is one of the most important tools we have in the prevention of wildfires in Virginia,” said John Miller, VDOF’s director of fire and emergency response. “Restricting where and when folks can burn during the spring goes a long way in reducing our fire starts.” A violation of the 4 p.m. Burning Law is a Class 3 misdemeanor punishable by up to a $500 fine. In addition to the criminal violation, however, those who allow a fire to escape are liable for the cost of suppressing the fire as well as any damage caused to others’ property. As the population of Virginia continues to grow, so does the potential for wildfires. Ninetyfour percent of all wildfires in Virginia are caused by humans; therefore, as population increases, so does the potential for humancaused wildfires. This is the concept behind Smokey Bear’s most famous saying: “Only You Can Prevent Wildfires.” Fred Turck, VDOF’s fire prevention manager, said, “While a lot of this new growth takes place in ‘communities,’ people also build homes in traditionally rural areas. A wildfire can destroy a single home or multiple homes as we saw all too graphically last fall in several areas across the country. The continued growth in wildland-urban interface areas has led to enhanced collaboration among homeowners, local governments and the Virginia Department of Forestry.” The Virginia Department of Forestry is reaching out to homeowners, community leaders, fire departments, local governments and state and federal partners hoping that a well-informed individual or group can make a difference. Virginians can prepare their properties for the spring wildfire season in the following ways: * Remove all branches that touch the house, garage, shed, etc.; * Clear all brush (tall grass, leaves, branches, weeds, etc.) within 30 feet of the home and other structures; * Keep gutters clear of debris; * Remove combustibles from under or near structures; * Trim branches up to 10 feet from the base of the tree and remove any vines from the trees; * Use gravel or chunky bark for mulch; * Keep flammable plants away from your home; * Maintain your driveway so that the clearance is at least 12 feet wide and 12 feet high, and make sure your house number is visible from the street/road. * Use fire-resistant materials for your roof, deck and siding projects. * Visit www.firewisevirginia.org for more info. Submitted by Michelle Stoll Preventing your debris pile or trash pile from escaping can reduce the number of wildfires by more than one-third . Obeying the 4 PM Law and following the guidelines listed here will help Smokey and all of Virginia prevent a wildfire from occurring. * Even if it is after 4PM DO NOT BURN on dry, windy days; * Plan to stay with your fire until it completely burns down; * Keep your piles small; * Clear all dry grass and leaves from around your burn pile for at least 10 feet; * Have water, a rake and shovel nearby; Miller said, “If a fire does escape your control, call 911 immediately.”