Time to Spill Buster
old time hymns is a good place to put this latest tid bit of information about the B.F.D. buying the former sheets G M C dealership in greenbank ...a Pocahontas county resident went to the latest board meeting and asked a very simple question ,"how much money is in the treasury of the bartow, frank and durbin volunteer fire company".... now this sounds like a very credible question in light of the fact that $190,000 has been spent on buying that building by the B .F.D.....
CONSIDERING that every cent of that money came from the public and the tax payers through the Pocahontas county commissioners surprisingly the answer tendered by the fire chief of that fire company none other than Kenneth (buster)Varner was;that is none of your business imagine that ...talk about nuts like a big brass monkey this monkey has to have the most historic set ever.....the individual didn`t ask from the floor what was the treasury of varner
Question of the Day: Who is the treasurer for BFD
hey idiot, do some research on what a brass monkey is!
ReplyDeleteBuster get off you big boss man bucket cause your shit stinks maybe more than others its public money raised locally and public grants people have ever right to know and they have every right to tell you to suck it when you ask for money.
ReplyDeleteThe Road Runner...
BFD info is found on the WV secretary of State web site entity search. SANDRA VARNER is Treasurer
ReplyDeleteYou mean the president and treasurer have the same last name? YOu gotta be kidding.
ReplyDeleteIt is pocahontas county .
DeleteThe Road Runner...
Nope, the President and the Treasurer do NOT have the same last name...get your facts right Norman!!
ReplyDeleteEither you are mistaken, or part of, or evidencing the problem. This Corporation must keep its information current, public, and filed with WV Secretary of State as a matter of law. Anyone shall have right to check this information possible parties are all subjected to liabilities and public needs to know whom to make defendants, respondents, file complaints, charges, suits, actions against which or all Corporate Board members and entity name; which is why this in online by WV SOS and all are public records. Any Circuit Court in WV has jurisdiction over it's compliance with WV code and act. This entity is authorized to operate as a Domestic not for profit Corp. by State of WV. Meaning members of the Board "may not make distributions to its members, directors or officers", nor enure unto themselves any personal benefit, or profit or advantage. This by law must be updated no less than 1 annual filing that must reflect the full legal composition of the Corporate Board. If they submit in writing into the Corporate records, and a Corporate Resolution is drawn up, to have that Corporate board member formally removed so they are not legally accountable for FUTURE liabilities from Corporations actions, but they will ALWAYS be legally accountable and liable for the time they had any role with in the corporation. The full board composition via the WV Secretary of State files was made public on this site prior. False filings are Class 1 Misdemeanors each act with up to $1000 penalty and up to 1 yr in jail. You state there are NOT even TWO 2 VARNERS on the Corporate Board. So was there a committed crime of False Filing? Commentor above and Norman are correct and what stated is fact with WV. There are THREE 3 VARNERS on the Corporate Board, under WV Code they are employees of the Corporation; and all are legally criminally, civilly accountable and liable for the actions and in actions of the Corporation, for themselves and other Board members whom they have a duty to over see as part of their legal duty of Care to the State of WV, and the Corporate Entity.
DeleteDirector JESSICA VARNER (ASST. DUPUTY CHIEF) 149 MAPLE ST, DURBIN, WV, 26264 USA
President KENNETH VARNER [aka "Buster"] PO BOX 267, DURBIN, WV, 26264
Secretary JANET GHIGO PO BOX 267, DURBIN, WV, 26264
Treasurer SANDRA VARNER PO BOX 267, DURBIN, WV, 26264
Vice-President JOHN SIMMONS PO BOX 267, DURBIN, WV, 26264
This Corporation can also be Ordered to be placed in a Trusteeship with a Legal Custodian, and appointed Fiduciary/Corporate Guardian (of this legal person the Corporate Entity, like a parent/or being taken in to CPS custody) for administrative and investigatory actions such as to overhaul, audit and review since it gets various grants of public funds, as well as takes in the public fees for this mandated service the Jurisdictions by Federal and State law MUST provide the citizens.
This Corporation by law is mandated and MUST fully file, update and provide a legal individuals personal NAME of a Registered Agent (who is fully legally responsible being the agent for service of process, notice, or demand required or permitted by law to be served on the corporation). This Corporation is non complaint with code and act in this matter. It does not as currently filed under Notice of Process Address have a individual only non compliant "BFD Fire Company". That is NOT a legal person to take possession of legal service and sign for it and is not legal. Further there is NO WV entity or filed for, registered or authorized DBA (doing business as) "BFD Fire Company". This means there can be NO bank accounts or vendor accounts in that name, and that name is not authorized to do business in WV, and can not publish, request donations, fees, or have checks written out to it. ONLY the full legal name "BARTOW-FRANK-DURBIN VOLUNTEER FIRE COMPANY" with a bank account only in that exact name. Otherwise file and pay for a registered DBA. There also must be other bank accounts as WV code requires the State funds given under certain grants, and other programs require they be placed and maintained in separate accounts with regular reporting of those funds, and full records of all distribution. Secretary of the Board is legally responsible for authenticating ALL Corporate records. The Treasurer is to have signature access to all accounts, and is responsible for ALL funds in and out and compliance with all Federal, State and Regional laws and acts.
DeleteThe records that are being requested to be scanned and sent to Norman so he may publish them since the Corporation "BARTOW-FRANK-DURBIN VOLUNTEER FIRE COMPANY" does not have it's own web site are, Blogs with document hosting are FREE you should look into doing this, like Wordpress or Blog spot.:
Delete- The Articles of Incorporation, and all amendments to them.
- All versions of the Corporate Bylaws, and all Board Resolutions for all amendments, repeals, and changes to bylaws.
- The full legal composition of the Corporate Board - Directors, Principle Officers, Officers and Members, Registered Agent for last 5 yrs.
- Minutes of Meetings for the past 5 years (at this time). For each meeting to provide the: Agendas for those meetings, Notice of meetings, records of attendance (to include title of each person at that time), records of votes, proxies, consent to action by any party or resolutions for that meeting, any presented records/reports and financials presented at those meetings &/or prior to the meeting for board preparation to vote.
- Sources of all income, Federal, State, Regional, Municipal, each fundraising campaign, and fire fees (listing how many fees received) [for 5 yrs]
- Costs and expenditures [for 5 yrs] to include purchases
- any gifts, donations, trusts, bequests or transfer at or larger than $250 [5 yrs]
- any property &/or asset owned by this entity that was sold, traded, transferred, bartered, rented, gifted, donated, converted valued at and over $250 [5 yrs]
- list of citation of all banking, trust, investment, retirement, or other holding or rotation financial accounts. If different monies and purposes for each then cite the purpose of those accounts, how they are to be used, and what funds go into them and from whom. [5 yrs]
- What vehicles, trailers etc does this entity own, or lease or share?
- What real property does this entity own, rent, lease, have interest in in the last 5 years. Who are the other investors, backers, donors, or partners or owners, or lessee or lessor of said real property (other entity names and individual names). What interest in any real property was connected to this entity but in the last 5 years the interest has decreased or fully transferred?
- Any owned stock, dividends, shares, etc connected to this entity
- and any other things other WV citizens would like to add to this list or amend the above to gain a better understanding or what comes in, how it goes out, and any ownership, for the matter of full transparency and in compliance with all relevant WV FOIA codes and acts. It is the public's understanding that this Corporate entity has already received 2 prior requests for documents and records and under the law you had 5 business days to comply. You did not comply. Those parties can inform the State of WV through a simple filing with any Circuit Court in the State for the State to enjoin the matter as Plaintiff against the entities Custodian of Records the Principle Officer Secretary JANET GHIGO for for injunctive or declaratory relief and those records. WV code states any costs, legal fees, filing fees are to be paid by the non complaint Corporation. The Court can charge any custodian of records as guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred dollars nor more than one thousand dollars, or be imprisoned in the county jail for not more than twenty days, or, in the discretion of the court, by both fine and imprisonment.
http://apps.sos.wv.gov/business/corporations/organization.aspx?org=36179
DeleteIf they get ANY Federal Funds, grants, apportionment this also then false under Federal FIOA.
DeleteWhoops, thought John was the President...
DeleteIt makes no sense, because as we see here and on facebook the BFD, especially Director and Asst. Deputy Chief has lied, and she is the one with others who have created all this baloney and drama by their not compiling with many laws, and also denying public records, and review of tax payers direct, and tax payer State funds, and other grants, and everything to do with the purchase of that land.
DeleteCitizens who have the full legal right to receive all of this information and documents were obstructed, (ie perhaps felony obstruction of justice) and when everyone only had simple answers they assumes of course they would easily provided, it is BFD's Boards actions that have revealed this goes much deeper, and then they turn around and continue to commit more such violations, and attack people with such hate, malice and for their own agenda that it is clear evidently that MANY things are afoot that are disreputable. Look at the cussing and insanity being spewed out by Sandra Varner and others. She is the person as a Director responsible for her actions, the Corporations actions and those of all her 4 Principle Officers actions. The buck stops at the Directors for all requirements of the Corporation.
Further on Facebook several times Members of BFD have stated they do NOT have board meetings. "We don't have Board meetings and you cant be that stupid to believe everything people say just because it makes BFD look bad." & "What Board Meeting ? Norm has you believing in something that exists only in his imagination..."
DeleteSo these people are stating the BFD Corporate Board with it's Directors, Principle Officers, and Members do NOT have board meetings. And further when requested information about board meetings, which by law they MUST have no less than once a year, states that Norman is making things up.
This is bizarre insanity. It is all these people that ARE legally involved with BFD who seem to have NO idea what is going on, nor how Corporations MUST be run and operate. They seem to equally PROVE that BFD is NOT operating or doing business in the State of WV in the manner in which is required. Ignorance of all of this is no excuse. Then the again ignorance proving statements that "nothing is one in secret" "we all vote" are more red flags. Have all the voting parties prior been given the required written notice of meetings? Been given the prior agenda and all related documents, and records to review? And then the Board Meetings are to follow Roberts Rules of Order, be in compliance with the WV code and the not for profit Corporation Act, the Corporations Articles of Incorporation and it's Bylaws in all that it does, and in those meetings? Have all voting parties been given a copy of the Articles of Incorporation and the Bylaws? Have they under the rules of law, code, act and compliance under the duties these voters have along with those liabilities reviewed and investigated all matters that come before as matters of business, votes, and resolutions, using commonsense judgement based upon review of all documents, access to any accounts, accountants, providers, lawyers, and committees to then do their due diligence, and duty of care in all those actions?
All parts of the whole play their part in this and have a duty. They also have a duty to the citizens of WV who's money they use, and the vital services they are entrusted to proved through the state and county who must proved them, and in that social and state contract with those citizens for which they are to be provided. There must be full transparency and accountability in all of this at all times. This is just how things are normally supposed to operate. What is the big problem with being able to do this, and also in providing all of those records that you are legally supposed to provide anyway?
It has already been shown there are several things the BFD is by law required to do and file with the State and hasn't in several areas. Why not let this be a simple cooperative open community process that can help BFD become better, and to learn how to do what it should have been doing all along, and get "legal" with all it does.
Yes BFD is entrusted with a vital and necessary function and public service. The important part here is PUBLIC. The State and County have the authority, oversight and duty to ensure that ALL citizens of WV, and Pocahontas county are being given these services, and that they are done legally, in full compliance of the law, and with full accountability for use of all these funds. There needs to be equal, and consistent services given to all citizens of the State and County no matter where those citizens reside.
You can't treat the BFD like a family business, a private entity, or club because that is NOT what it is. If these very simple facts about those realities are dumbfounding some many involved in BFD as as proven to be the case, then we all can surely see that there are many more severe problems we are all dealing with.
Norman did not say they were DA another poster did.
ReplyDeleteIf you know so much why didnt to tell us about it or is it some type of top secret classified information.
What a putz.
The Road Runner...
They should also provide information about if they receive WV tax exemption status and if so what kind; and if they file with the IRS as tax exempt status and if so under what code/type.
ReplyDeleteWhen you send any person or Corporation a formal notice, request, or service it is to be sent to the person who is their Registered Agent, and at the listed Notice of Process address that must be up to date and filed with a incorporating states Secretary of State, or Corporate authority.
They will first have to inform the public and the WVSOS WHO is the Registered Agent so that can be addressed for any further requests of any one in the future.
Legal Notice of Process Address for a Registered Agent has to also include a physical Street address, NOT just a Post Box. This is so a process server can also serve papers if needed. These are very basic standard procedures for ALL Corporations.
ReplyDeleteAnyone can serve as your legally appointed Registered Agent, it does not have to be at one of the TWO listed Fire Houses that this Corporation states it owns and runs in State records.
This isn't rocket science, even local school band clubs, or hobby groups that take in money who need a DBA to open a bank account for it, can file as LLC, with their state, and simply assign a Registered Agent in their filings and keep all records up to date, in compliance with all laws and acts.
Why not even use the "911 address" for that location and add that in line above the PO Box and below the person legal individual that you must assign as Registered Agent in your Corporate filings and records? As long as during normal business hours there is a person there to accept things by process service or certified mail if that is the option in which people chose to send you things.
This above which is very clear, and shows what is required of a WV Corporation and in contrast we have the published here as well as the BFD filings with the WV Secretary of State that clearly show BFD is non compliant. They don't have a person individual or a street address listed for whom ANY request or legal documents when served to BFD is to be the one they are sent to. When was posted on Norm's Facebook page which again is very clear simple language and part of what ALL Corporations, LLCs, businesses MUST have all he got was more BS and abuse, yet NO information, or even a statement like - Oh, well BFD will fix this immediately, and in the time prior to all that being filed with the state and online here you go citizens here is our full legal due diligence here is the NAME and address that we were by law supposed to provide to the public and State so any citizen my properly and legally contact BFD with any queries, or legal notice or service. Nope.. none of that happened, just more bizarre vitriol and bile coming out of Director and people associated with this Corporation. All of this is actual new evidence of non compliance, fraud and illegality. Do you understand that their refusal to give this basic information, prevents anyone from being able to legally send them the requests for all the other information under their rights as citizens to receive?
DeleteYou people amaze me! Seriously, I have never heard such whining and complaining in all by life. Who cares how much money BFD has or who the treasurer is? The whole department is dedicated and shows up when needed. In many cases, they go beyond their call of duty to help the community. They keep their equipment updated and train their members, as they should be. There is no irrational spending, and if you take a closer look, you will see that the department has been operating with a very good business head.
ReplyDeleteI have a news flash for you complainers. There are several times in the past that BFD would have gone under if it weren’t for Buster and Janet. I am sure that he would be glad for someone else to step up and take over. He has several businesses of his own to run.
Why don’t you complainers get off your bums and join the department. Let the stress of being Chief be bestowed upon you. See how it feels when people criticize you daily for a volunteer position that you have donated countless hours to.
I have another news flash for you, if you aren’t willing to join and be active then you have no right to complain when JESSICA VARNER becomes chief. She is following in her father’s footsteps. Both are good people and have been dedicated for years.
"who cares how much money BFD had or who is the treasurer is?" Who cares? The Federal, State, County, Municipal, and local authorities, and all the Citizens of the State of WV care, and are to continually be provided all this information by law. Those in those positions also have legal duties that must be done, and under law called "duty of CARE".
DeleteDon't YOU care that such a vital critical, legally to be provided service to citizens by a Corporation with public funds is not doing things in the simple legal, responsible, and accountable way? What normal personal says something like this? Take this up the chain to how you feel about any part of government, Agency, Department, or entity, service provider from local up to the Federal level. This is literally as bad as "what difference does it make!" just dead Americans, abandoned through greed.
When these things aren't done properly it puts all citizens at great personal risk. If people, especially BFD Board members can not understand that this is all due THEIR failures, Their actions and in-actions that have caused this. That they are being given an opportunity to learn and comply with what they should have been doing all along. That their NOT doing these simple normal business matters, registrations, filings, proper Board meetings, full records and accountability shows that THEY themselves have placed the BFD and through them all citizens who are to be provided vital critical services that MUST be provided to them under the law, that are fully compliant, and equal to ALL those of other citizens in the State at risk.
What has already been fully evidence here is that BFD does not even meet the requirements to operate and do business in the State of WV. It has been shown just by a few things already that they do not comply as a Corporation in WV. That they have had NO legal right to solicit any funds, donations, fees, or apply for grants due to the what was just mentioned and that they have not shown they have filed and registered with the WV Secretary of State to be authorized to do so through filing under "Charitable Organization & Professional Fundraiser Registration" Forms and Fees. This puts all past and current grants at risk for forfeiture, and the filing for them as "false filings" class 1 misdemeanors. The BFD and Pocahontas County have the duty to ensure that they and all other Fire departments are all fully compliant, and equally consistent in service. That duty if not handled by the County will then be corrected by the State against the County.
It is very logical that due to so many inconsistencies that the County since the services MUST be provided create a Agency/Department that is the County Fire and Rescue authority. That they can take over it all, or contract it out. But all of that will have to be fully open to the public, transparent, and uniform.
DeleteHere's the rub, the County is lazy, corrupt and doesn't do things properly either, but why not make this all about an opportunity to "drain the swamp" and fix all of this. To have everything uniform and consistent to what others in the state have and do, to be fully legal, above board, and making sure that all entities involved, and if done through sub contracting that those subcontractors such as BFD are shown and educated on how to run a corporation legally. Because so many just are total bullshit, and don't even try which is very clear.
Look why not contact the Small business administration and admit the ignorance and get help on learning how to do what was supposed to be being done since day 1, and keeping abreast of all legal changes, and developments in all matters. If you can't handle being a corporation then become an LLC and learn how to do that. But the key here is no one seems to even care to just simply do the right thing, and just take care of it and be done with it. All everyone is getting is spitting, cussing and stupidity from people.
You know how corrupt and criminal everything is in this County and State, why can't we as a County us try to do our part and clean up our act, and do things the right way? Isn't THAT a wonderful tribute to pay those who came before us, and a legacy to leave those who come after?
Once things are all sorted, then if our County Fire and rescue needs help, and they are fully filed with WVSOS for fundraising, then the County and local citizens can rally and help, and look into more grants and help write grant proposals. We can train more youth in some more mentor-ship programs, and more folks can come on board and help. Can help set up webpages for the Departments, so they can promote, inform, and network. Can set up other means for funding. And can coordinate and support any supply or fundraising for any family that is suffering due to loss from fire or emergency through their local department. This is all more about fixing things, and once all sorted, all clear, then working together, building and supporting. But trust has to be won, and it should be simple to do.
"whining and complaining"? That would also include your comment above also. Those who complain but offer no solutions are part of the problem.
DeleteWhat has already been proven through hard documented evidence is that the entity known as ""BARTOW-FRANK-DURBIN VOLUNTEER FIRE COMPANY" has been operating in the State of West Virginia, but under the WV Codes and Corporate Acts of the code have not qualified due to non compliance, and operation to be a legal WV not for profit Corporation, or even to "due business" in the State. Right of the bat they don't even have a individual and Street address for a Registered Agent. NO entity my operate with out a Registered Agent. This is why there are so many private companies that act as hired registered agents in states, if a entity wants to use them instead. This is because EVERY single Corporation or LLC in this country MUST have a Registered Agent to be even allowed to exist. That besides the mandate of at least 1 corporate filing with the Secretary of State annually that is to show the full legal composition of the board, the Registered Agent is to be immediately filed with the WV SOS if there are any changes to person or address, as this must always be fully maintained or the who entity is NOT legal to operate, exist or do business in that State. This is all basic common knowledge in ALL states for all such entities. This is not any thing new.
The fact that they haven't even filed and registered with WV to get permission to receive funds is another huge matter. They need to immediately file all the proper forms and information dealing with the "Charitable Organization & Professional Fundraiser Registration". Again this is just fully known normal things ALL entities in ALL States must do. IF they send solicitation, or use interstate commerce to do so that cross state lines then there are uniform filings that must be made, and other registrations with other states as a foreign Corporation "doing business" in their state, or receiving monies directly from citizens, and all of this all relates to State and Federal Consumer Protection law also.
Same way if they go on a medical, accident, or fire call all parties involved have the right to get all records of that call for their use for their personal needs, insurance, or civil or criminal cases. Meaning this type of Service entity that is BFD KNOWS all this stuff already, as it is inherent in the industry, since so many major Federal, State and regional regulations apply.
You state that current Corporate Director and Assistant Deputy Chief will become Chief. Well again all those records, and votes are all public. The very same that when ever a new Director or Principle Officer, or Member is removed, or appointed those can only be done during a full Corporate Board meeting with prior notice. That at those meetings there are to be votes, minutes and resolutions that are to be recorded. Those are all public records since this entity gets through their filing for them State and Federal tax exemptions, public tax funded grants, and direct receiving of public funds from citizens. Each and every time, any one on the Corporate Boards as Director or Principle officer, or Members there has to be a full and complete record of this. Meaning the public records must reflect who at what times was any of those things and for what period of time. This is just NORMAL every day business. Why is this so hard to grasp?
Delete