Giles Free Speech Zone

The purpose of the "Giles Free Speech Zone" is to identify problems of concern to the people of Giles County, to discuss them in a gentlemanly and civil manner, while referring to the facts and giving evidence to back up whatever claims are made, making logical arguments that avoid any use of fallacy, and, hopefully, to come together in agreement, and find a positive solution to the problem at hand. Help make a difference! Email "mcpeters@usit.net" to suggest topics or make private comments.

Monday, November 15, 2010

What Does "Attrition" Mean And Should It Cost A Fortune To Find Out?

What does the word “attrition” mean and why would it take close to a thousand dollars to find its meaning?

For most people the term isn’t that complex, they just look it up in a dictionary and there it is. If it happened to be a legal term then you get a legal dictionary such as “Black’s Law Dictionary” and look it up. If you have a computer with internet you Google, US Legal. com and look it up. But if you happen to be a government employee you form a committee pay all the committee members and those looking on then call a special meeting to have the report and let everyone get another payday.

Now while it may sound a bit outrageous the motion made by Commissioner Reece was the only sensible thing left this morning after the unfathomable definition could not be determined by the Commissioners, the County Executive and the County Attorney.
Commissioner Reedy had given the most appropriate and sensible definition but it was unacceptable by some because it would not allow for what they wanted to do, so once again using confusion and obfuscation the County Executive turned something simple into a complex issue for a committee study.

Commissioner Reedy clearly stated that the term “attrition” as used by the Attorney General meant that when the store in question ceased doing business or changed ownership that the beer license would no longer be in effect.
The County Attorney stated that the term meant “the need to establish a 600 foot distance”.
By far the most entertaining definition came from Commissioner Harwell who stated, it meant to do whatever it takes to fix the problem”. You have to watch the PES broadcast to get the full measure of shock on the faces of other commissioners.
The measure was defeated and everyone went home confused.

Beer Board Decision Comes Back To Bite County!

Have you ever noticed that the people who create the biggest mess are very often the very people who complain the loudest and longest about not placing blame and just moving past who’s at fault?

Earlier this year a huge controversy was created when the County Executive along with three commissioners on the Beer Board, Jackson, Lovell and Harris, voted to issue a beer permit to an establishment they knew were in violation of the established distance rules.

If you remember it was the County Executive who declared that a two thirds majority of the Legislative Body was required to change existing law, the distance rule, after a vote by the County Legislative Body failed to reach that two thirds majority the issue was declared failed and entered into the minutes without any objection from any Commissioner.
Later that same week the County Executive announced that she had made a mistake and that the “amendment” had actually passed. Legally the only way those minutes and actions could be changed was for the County Legislative Body to vote on the matter since they are the only authorized body that can pass or fail a resolution.
At the time Mrs Vanzant released this statement, “I did not take it upon myself to make the correction, which I would never do except to follow the advice of the attorney and follow the law and protect our county”.
I challenged Mrs. Vanzant at that time to produce any and all statements where an attorney either from CTAS, or any other source authorized her to overturn the decision of the Commissioners. She could/would not. However she did insist that the Beer Board vote and issue a beer permit on the basis of the 400 foot distance rule. The County Attorney advised, at that time, against such an action until after an Attorney General’s Opinion could be obtained.

This is what I wrote at the time about this illegal action: “Why would Commissioners Lovell, Harris and Jackson refuse to accept the clear advice of the County Attorney to wait for a State Attorney General Opinion to be issued? With their demand to vote and issue a beer permit according to the County Attorney they have essentially done away with any distance rules established by the County Commission. With their actions anyone at this time could apply for and be granted a license to sell alcohol as close as the front door of a school or church. Why was there such a rush to approve the beer permit? How much will this selfish impatience eventually cost the county as we now have been put in a position where actions by either side will probably end up in court.” Allen Barrett Monday, February 15, 2010 3:30:00 PM

I was severely criticized as having no clue, lying, being wrong, nuts etc because of my stance against the Beer Board's decision. Today everything I predicted came out as being 100% correct.

Today at the County Commission Meeting it was stated by the County Executive and the County Attorney that the action of the Beer Board was taken is error and “must” be corrected immediately by either changing the distance rule to 600 feet or revoke the license of those issued the license in error or face potential lawsuits from any number of people. As it stood there was no enforceable distance rule in Giles County.
In other words if someone applied for a beer license to sell beer and consume it on or off premises across the street from a church or school the permit would have to be issued. This was the determination of the Attorney General.