Old Tree Saved As Wildlife Habitat

By Doug Pifer

For the past five years, every time it stormed we worried that a big limb would break off our beloved old Kentucky coffee tree and destroy our entryway fence. Now our property is safe from that disaster, and a magnificent old tree remains as wildlife habitat.

I invited Erik Berndt, certified arborist and owner of Viking Tree Service, LLC, to inspect the nearly dead tree. My wife and I wanted to save as many main branches as possible while minimizing the risk of damage by falling wood. He agreed our tree was an excellent candidate for trimming as a wildlife habitat tree. He encouraged me to look at some of the standing dead trees at Morgan’s Grove Park, which his company cares for, to see examples of his work. We were impressed when we examined several standing dead trees there. Each was trimmed to look like a natural dead snag in the woods. After years of cringing whenever we saw a big shade tree with branches crudely lopped off, we were overjoyed to find a company willing to trim our tree the way we wanted. We were also delighted to find a tree service that considers a wildlife habitat tree an actual “thing.”  

The Viking Tree crew showed up at the appointed time with an impressive array of equipment and machinery. With block and tackle they ascended the main trunk and carefully removed the outer branches. When they encountered a heavy limb whose weight would stress the tree in a storm, they removed it with surgical precision. But they didn’t stop there. They made a series of V-shaped cuts at the top of each large limb to allow moisture to enter the dead wood, so the tree decays from the top down. This allows the main trunk to remain sound and stand for many years. Furthermore, cuts carefully made at various angles made the limbs look like they splintered and broke off naturally.

For hard-to-reach limbs, a large lift was necessary. Each cut made the tree look safer and less likely to drop a branch to crush our fence or garden shed.

By 4pm the crew had completed the finishing touches, and I admired the balanced, sculptural quality of the tree and its remaining branches. It was a piece of art.

While it’s now official, this tree had already been wildlife habitat for a long time. Several trunks have woodpecker holes in them. The lowest branch sprouts a tuft of stunted Kentucky coffee tree leaves. Years ago, a bird dropped a seed of bush honeysuckle into the crotch between two main trunks about ten feet up. The seed has grown into a sizeable bush. More bits of green include poison ivy and Virginia creeper vines, and a young Kentucky coffee tree shoot that has sprouted next to the trunk, growing from the original 
root system.

A tree is home to an amazing amount of life. As it matures and declines, it hosts an increasing number of organisms — from mold and bacteria to algae and fungi, to insects and spiders to woodpeckers and raccoons. Fallen limbs continue to feed and shelter numerous life forms as they decompose and enrich the soil.

For an old tree, dying isn’t an occurrence but more of a gradual transformation. Our Kentucky coffee tree demonstrates how a treasured old tree need not be destroyed. It can stand for many years as wildlife habitat.

Silicon Valley, Meet Berryville, Virginia


By Claire Stuart

The big guys in tech are paying attention to a small research group in Berryville, reports Gary McGraw of Berryville Institute of Machine Learning (BIML). “We are working on stuff at the edge of science — artificial intelligence (AI) and machine learning (ML).”

In 2019, McGraw, along with computer scientist Richie Bonett, cyber-security expert Harold Figuroa, and research engineer Victor Shepardson, co-founded BIML, a think tank dealing with ML and AI security. McGraw had retired after 23 years of pioneering work with a software security firm.

McGraw holds Ph.Ds. in cognitive and computer science. He is the author of eight books on software security and over 100 peer-reviewed papers in industry publications. ML and AI are at the heart of computer evolution, and computers are an intrinsic part of all facets of modern life. They run energy grids, air and rail traffic, military operations, satellites, food safety, water supplies, government offices and banking. For ordinary people, there are cellphones, home security systems, smart automobiles, connected appliances, video games, virtual assistants, and more.

In ML, computers are programmed to recognize data, automatically learn from it, and use it to improve their own functions. They add to their knowledge so that they can make decisions. When you ask your virtual assistant to play a song, it learns what you like and suggests similar music. It learns your food preferences and offers dining suggestions. But that’s just the “up” side!

Anyone who enjoys science fiction has no doubt seen the classic 1968 film, 2001: A Space Odyssey.  When “HAL,” the deranged computer, refuses to let the astronaut back into the spaceship, it utters the chilling and unforgettable line, “I’m sorry Dave, I can’t do that!” Fortunately, that scenario did not come true in 2001, but we are moving a lot closer to meeting HAL now. Bad actors are constantly seeking ways to hack into ML systems, with potentially disastrous results.

McGraw observes that in an effort to quickly produce more and more sophisticated technology, security weaknesses are sometimes overlooked. McGraw mentioned a frequently-cited study illustrating an attack on ML — the alteration of a STOP sign with tape so that a self-driving vehicle sees it as a speed limit sign.

“If security, reliability and trustworthiness of technology itself is called into question, it makes technology companies take notice,” said McGraw. BIML is doing what McGraw defines as “architectural analyses” of ML systems, identifying weaknesses. “Our targets are the engineers designing these systems,” he explained, “We are helping them to do a better job—to build security in, in the first place, not have to go back and plug holes. All I suggest is that let’s build security into AI so hackers can’t get into a system. We’re helping the good guys fighting a war on the 
bad guys.

”McGraw notes that BIML’s architectural risk analyses are unique in the field, helping BIML build its reputation. They offer advice from a scientific viewpoint, identifying risks and determining how to mitigate them. McGraw speaks on cyber security at universities and conferences around the country and is on the advisory boards of a number of tech startups. He recently gave a presentation on taxonomy of attacks on ML at a private Silicon Valley conference, the Security Data Science Colloquium. It was attended by about 150 representatives of tech giants Microsoft, Google, Facebook and others, as well as many universities. He was excited to show how Berryville is directly affecting what’s going on in Silicon Valley!

Earlier this year, BIML received a $150,000 grant from a group called Open Philantrophy, an organization concerned with the effects of technology on people and the planet. BIML will use the grant to further their research as well to provide funds for an intern. They have their first intern, Nikil Shyamsunder, a Handley High student.McGraw moved to Berryville from Loudoun County in 1999. The speed of development there “pushed me over the mountain,” he said. Now he lives in a circa 1760 farmhouse on 10 acres on the banks of the Shenandoah next to Holy Cross Abbey. Of course, he observed that development is increasing in Clarke as well. “The future is going to happen — let’s make it better.”

He cares deeply about his adopted home town and is concerned that there are local people who are homeless and hungry. Grateful that he has been fortunate, he works to give back by helping make Clarke County a place where everyone can live. He personally gives regularly and generously to the Free Medical Clinic, Blue Ridge Area Food Bank, local Habitat for Humanity and other nonprofits concerned with food, housing, medical care, legal advice and the environment.

Although McGraw describes himself as an “alpha geek” he is certainly not one-dimensional. He says music is supremely important to him and provides balance to his life. He is a classically trained musician, but he specializes in improvisation. Starting as a child with violin, he also plays mandolin, guitar and piano. He is in two bands, Bitter Liberals and Where’s Aubrey, and they have played many benefit concerts. With Covid restrictions ending, he looks forward to performing publicly again.

Welcome Woody’s Quick Stop

The building at 304 N. Buckmarsh Street has been a convenience store for as long as anyone can remember; it was most recently owned by Mohammad and Farhat Kashmiree. When William “Woody” Woodruff, who grew up in Berryville, lost his barber shop in Herndon last year because of the COVID-19 pandemic, he returned home to visit his mother. While in town, he met the Kashmirees, who wanted to retire, and Woodruff found an opportunity. Woodruff bought the store and opened Woody’s Quick Stop in mid-May. On Aug. 1, Mayor Arnold officially welcomed Woodruff as a new Berryville business owner and commended him for keeping the convenience store open to serve residents and those traveling along U.S. 340. In the photo above, Woody Woodruff and his wife Tonette Stewart hold the grand-opening ribbon for Berryville Mayor Jay Arnold on August 1 at Woody’s Quick Stop. Watching the ribbon-cutting from behind are (from left) William’s mother Mary Woodruff, longtime store clerk Donna Segar, and the couple’s children Dominique and Jacquez Stewart. Photo provided by Clarke County.

Around Clarke County July and August

July 26–29
The Berryville Baptist Rascals, will perform for the first time since before the pandemic. Performances will be at Rose Hill Park. E. Main St. Berryville from 6–8pm. Free and open to the community. For information call 540-664-6950.

14 Outdoor Movie Night
Secretariat Long Branch Historic House and Farm. 830 Long Branch Lane. Millwood. Join Long Branch and the Clarke County Historical Association for family fun movies outdoors every Wednesday in July, with refreshments for purchase. Bring a lawn chair and blanket and enjoy a movie night under the stars. Free; donations welcome. Dusk. www.clarkehistory.org.

17 Poker Run
Boyce Volunteer Fire Company Social Hall. 1 S. Greenway Ave. Rain date July 31. Drive through the beautiful Shenandoah Valley to collect your cards. Meet back at the social hall for food, music, fun and to see if you have a winning hand. First prize $100, second prize $75, third prize $50. All vehicles welcome. Entry fee is $25 for drivers and $15 for passengers. Pre-registration encouraged. Email name, phone and number of people in party, boycefireco4@gmail.com or visit www.BoyceFire.org. 9am. 703-470-4236.

17 Firefly Walk
Blandy Experimental Farm. 400 Blandy Farm Lane. Boyce. Walk about a mile over gently rolling terrain, bring flashlight if desired. Enjoy the light show while learning about these fascinating creatures. Reservations required. FOSA members/UVa alumni $10, nonmembers $15, FOSA and UVa families $20, nonmember families $25. Dusk. 540-837-1758. www.blandy.virginia.edu.

17 Outdoor Yoga
Sanctuary Wellness Center. 208 N. Buckmarsh St. Berryville. Led by Amy Hope-Gentry. 9:45–10:45am. amyhopegentry.com/events.

18 Meet the Beekeepers
Sky Meadows State Park. 11012 Edmonds Lane. Delaplane. Meet with local apiarists of the Beekeepers of Northern Shenandoah and discover the art of beekeeping. 1–3pm. 540-592-3556.

20 Social Bridge Night
Long Branch Historic House and Farm. 830 Long Branch Lane. Millwood. Every Tuesday. Wine, soft drinks and light snacks provided. Limited seating; RSVP. $15 per person. 5–7pm. 540-837-1856.

21 Outdoor Movie Night Night at the Museum
Long Branch Historic House and Farm. 830 Long Branch Lane. Millwood. Join Long Branch and the Clarke County Historical Association for family fun movies outdoors every Wednesday in July, with refreshments for purchase. Bring a lawn chair and blanket and enjoy a movie night under the stars. Free; donations welcome. Dusk. www.clarkehistory.org.

23 Music and Dinner in the Park
with Nita and Friends. Rose Hill Park. E. Main St. Berryville. Traditional folk and gospel sing along with Nita and friends. 6:30–8pm, with dinners available for purchase. 9 E. Main St., Berryville. 
540-955-4317.

23–25 Shenandoah Valley Steam Show
Clarke County Fairgrounds. 890 W. Main St. Berryville. Steam engines, threshers, oil pulls, shingle mill, gas engines, saw mill and balers. Flea market, consignment sale, live music, food trucks and more. Church service 9am Sunday. Free parking; no pets allowed. Adults $7 Friday and Saturday, $5 Sunday, children younger than 12 free. www.svsgea.org.

24 Long Branch Summer Celebration
Long Branch Historic House and Farm. 830 Long Branch Lane. Millwood. Elegant summer cocktail party with light fare, open bar and live music, Caleb Nei Quartet featuring Ariana Harbin. Limited seating; RSVP. 5:30–8pm. $75 per person. 540-837-1856.

26–29 Berryville Baptist Rascals Performances
Rose Hill Park. E. Main St. Berryville. The puppet and music theatrical group led by Joan Houck will perform for the first time since before the pandemic. Free and open to the community. 6–8pm. 540-664-6950.

27 Social Bridge Night
Long Branch Historic House and Farm. 830 Long Branch Lane. Millwood. Every Tuesday. Wine, soft drinks and light snacks provided. Limited seating; RSVP. $15 per person. 5–7pm. 540-837-1856.

28 Summer Concert Series
Robbie Limon BandRose Hill Park. E. Main St. Berryville. Robbie Limon Band performs. Sponsored by Bank of Clarke County. Free. 6–9pm. 540-955-5143.

28 Outdoor Movie Night
Hidden Figures Long Branch Historic House and Farm. 830 Long Branch Lane. Millwood. Join Long Branch and the Clarke County Historical Association for family fun movies outdoors every Wednesday in July, with refreshments for purchase. Bring a lawn chair and blanket and enjoy a movie night under the stars. Free; donations welcome. Dusk. www.clarkehistory.org.

31 10-Year Barns of Rose Hill Celebration 
Barns of Rose Hill. 95 Chalmers Ct. Berryville. As a thank you to the public for their support, Barns of Rose Hill is hosting a 10 year anniversary celebration with music, food trucks, free ice cream, magic, balloon animals, face painting, arts and crafts and an instrument petting zoo. 5pm. Free admission. www.barnsofrosehill.org. 540-955-2004.

31 In the Life of Lord Fairfax” Lecture
Burwell-Morgan Mill. 15 Tannery Lane. Millwood. Join Nathan Stalvey and Travis Shaw as they talk about Lord Fairfax, Virginia’s only resident English peer, who brought fox hunting, wealth and George Washington to the frontier, all of which continue to shape Clarke County today. 2–4pm. www.clarkehistory.org.

August

1 Clarke County Community Health Expo
Chet Hobart Park. 225 Al Smith Circle. Berryville. One-day event organized by HopeLives365, an organization dedicated to providing hope for body, mind and soul. In partnership with Hartland Lifestyle Center, free community event designed to encourage healthy lifestyles, prevent and manage disease and connect you to resources. 10am–4pm. info@hopelives365.com

3 Trivia Night
Barns of Rose Hill. 95 Chalmers Ct. Berryville. Clarke County Historical Association and Clarke County Library team up once again to bring live team trivia. Categories include History, Movies, Literature, Science and more.  Prizes donated by local area businesses. Barn doors open at 6:30p.m., trivia begins at 7pm. Free. 540-955-2004. www.barnsofrosehill.org.

3 Social Bridge Night
Long Branch Historic House and Farm. 830 Long Branch Lane. Millwood. Every Tuesday. Wine, soft drinks and light snacks provided. Limited seating; RSVP. $15 per person. 5–7pm. 540-837-1856.

4 Outdoor Movie Night
Long Branch Historic House and Farm. 830 Long Branch Lane. Millwood. Join Long Branch and the Clarke County Historical Association for family fun movies outdoors, with refreshments for purchase. Bring a lawn chair and blanket and enjoy a movie night under the stars. Free; donations welcome. Dusk. www.clarkehistory.org.

6 Music in the Park
with Clarke County Community Band Rose Hill Park. E. Main St. Berryville. Clarke County Community Band performs. Free. 6:30–8pm. clarkecountycommunityband.com.

7 The Farmer’s Forge
Sky Meadows State Park. 11012 Edmonds Lane. Delaplane. See members of the Blacksmith Guild of the Potomac show off their skills. 12–3pm. 540-592-3556. skymeadows@dcr.virginia.gov.

7 Astronomy for Everyone
Sky Meadows State Park. 11012 Edmonds Lane. Delaplane. Junior astronomer program is followed by a discussion about the importance of dark skies and light conservation. Bring telescope or binoculars if desired. 8–11pm. Parking fees apply. 540-592-3556. skymeadows@dcr.virginia.gov.

8–15 Clarke County Fair Clarke County Ruritan Fairgrounds
890 W. Main St. Berryville. Animals, horticulture, crafts, baked goods, games, rides and more. See fair schedule online. Admission is $7 for adults, $2 for children 5-15, and free for preschoolers. 540-955-1947. www.clarkecountyfair.org.

10 Social Bridge Night
Long Branch Historic House and Farm. 830 Long Branch Lane. Millwood. Every Tuesday. Wine, soft drinks and light snacks provided. Limited seating; RSVP. $15 per person. 5–7pm. 540-837-1856.

13 Emi Sunshine Concert
Barns of Rose Hill. 95 Chalmers Ct. Berryville. Rolling Stone once named 15-year-old Emi Sunshine among “10 new country artists you need to know.” Her music addresses domestic violence, dysfunctional families, political corruption, mass murder, lost love and freedom. 7pm. $25 in advance, $30 at door. www.barnsofrosehill.org. 540-955-2004.

15 Meet the Beekeepers Sky Meadows State Park. 11012 Edmonds Lane. Delaplane. Meet with local apiarists of the Beekeepers of Northern Shenandoah and discover the art of beekeeping. 1–3pm. 540-592-3556.

19 Appalachian Chamber Music Festival
New Beginnings. Barns of Rose Hill. 95 Chalmers Ct. Berryville. Festival celebrates the rich history, nature and culture of the area through poignant and powerful chamber music experiences that are both meaningful and relevant to our times. ACMF brings together fresh and exciting talent, internationally-recognized artists from near and far who are united by camaraderie and cause for an evening of world-class music.7pm. $20 in advance, $25 at door. www.barnsofrosehill.org. 540-955-2004.

Ongoing
Clarke County Farmers’ Market 317 W. Main St. (Berryville Primary – Clarke County School Board office). Customer entrance and parking is off West Main Street. All patrons are asked to comply with state-mandated requirements related to COVID-19, including social distancing and face coverings. Find a list of vendors at clarkecountyfarmersmarket.com/meet-our-vendors/ 8am–12pm every Saturday through the end of October. manager@clarkecountyfarmersmarket.com.

Can You Grow Morels at Home?


By Claire Stuart

If you have ever eaten morels, you know why these odd-looking, wrinkled mushrooms are so sought after. They grow wild in our area, and they are only found at a certain time of year in certain habitats. Their locations are closely-guarded secrets kept by knowledgeable foragers, often for generations. But what if you could reliably grow morels in your own yard? Impossible, say the skeptics! It’s been tried, using all sorts of experimental methods, for years and years, with virtually no success. Morels simply grow where they want to grow. 

Here in Clarke County, Nate and Carrie Fox of Riverfox Farm are surprising the skeptics. The Foxes operate a small Berryville farm where they raise bees, heritage poultry, and cut flowers. Carrie recalls that Nate, who had been a morel hunter for years, introduced her to morels when they were dating. “It was sort of a courtship gift,” she laughed. He had tried to grow his own over the years, using locally foraged mushrooms, but had been unsuccessful. 

This year, the Foxes finally succeeded in producing a carpet of hundreds of precious morels. Dozens of participants in their two morel workshops in May had a chance to see morels growing — and taste them, too.

“In 2019, we tried a different method,” Carrie reported. “We used grain spawn and inoculated the soil with a mixture of local morels. In 2020, only about five or six mushrooms grew. Then, this year, hundreds suddenly appeared at night. We went down at night with headlamps and saw them! Over the next two weeks, they were emerging and spreading. It was so exciting! We wondered if we should keep it a secret, then we said, ‘No, let’s do a workshop. Let people see the area, the moisture of the soil, the light, and other conditions.’

”This year’s first workshop was held on May 1, and about 30 people participated. It was followed by another on May 15 with about 40 people, and all went home with jars of inoculated grain spawn. The Foxes are going to try to make it an annual event.

Carrie explained that their methods and timing are different from what most people try — making a slurry in a bucket with ashes, etc., and dumping it in the garden. While spores are very hardy, once you trigger growth, it is fussy. “We’re giving Mother Nature a hand. From our harvest, we use spores to prepare grain spawn jars. We don’t have a fancy lab; we work out of our home kitchen. We prepare jars in the pressure canner and buy grain at the Berryville feed store. People can do it in their own homes. The people at the first workshop could see mycelium growing in the grain spawn jars.

“We tend the jars through the hot summer—timing is so important. We plant in fall because they require a winter to produce in the spring. We prepare the bed site with things that saprophytic mushrooms enjoy: kitchen scraps, compost, dead leaves, wood shavings, and ashes from the wood stove. We dig a trench, put the mycelium in, water it well, and let it overwinter. The mycelium feeds off dead and decaying vegetable matter. Some morels have a mycorrhizal relationship with living trees and other plants for food.”

Carrie suspects that their beekeeping practices contributed to the successful growth of the morels.

“We noticed a relationship between the location of our apiary and where mushrooms popped out.” The Foxes have around 60 honey bee colonies. Carrie explained that when they need to supplement small colonies to build them up, they feed the bees a sugar-water mixture and a pollen patty supplement. Any excess sugar water and pollen that the bees don’t take is dumped around the tree line. Bees often build extra comb on top of or between the wooden frames, sometimes filling them with drone cells. Beekeepers must scrape it off to keep the frames clean, and these scrapings (high in proteins, fats and carbohydrates) are also dumped. The Foxes found morels popping up in those areas.Carrie hopes that their results will encourage further research and give potential morel growers a reason for optimism.

The Foxes are creating online content and instructions; a tutorial is in the works, and they are planning for a 2022 spring morel workshop. If you are thinking of beekeeping, have your first colony, need tips and pointers, or just want to learn about bees, visit their website for information about their hands-on honey bee days, starter colonies and queen bees for sale. 

Visit them online at riverfoxfarm.com 

Things to Know About Mushrooms:• Mushrooms are fungi and do not have chlorophyll, so they need to absorb food from their environment, and most do not need light to grow.• Saprophytic fungi grow on dead and decaying organic matter.• Mycorrhizal fungi have a symbiotic partnership with living green plants (usually trees), living in and around their roots and sharing nutrients.• Most of a mushroom is underground in the form of root-like mycelium, which is made of fibers called hyphae that absorb food. • The familiar mushrooms that we eat are the fruiting bodies of the fungus. The mycelium can stay dormant for years before sending up fruiting bodies. • Microscopic spores that serve as seeds are produced on gills under the mushroom’s cap. • Grain Spawn: Wheat, rye, millet, etc., is cooked with water and sterilized, and mycelium is added and will grow on the grain.• Substrate is the material the fungus will live and grow on, such as compost, dead wood, sawdust, rotting leaves, etc.• Inoculation is introducing spores or mycelium culture to a substrate.

Keeping Peace in the FamilyAdult Children, Parents, and Planning for the Future

By Brenda Waugh

The song the mother sings in Robert Munsch and Sheila McGraw’s, “I Will Love You Forever” has stuck with me since I first read the book with one of my children a couple of decades ago. “I’ll love you foreverI’ll like you for alwaysAs long as I’m livingMy baby, you’ll be.”

In a previous article, I outlined strategies to keep the peace within the family when the parents divorce. This article is also about keeping the peace in the family, but at a much different stage in life. Is “I will love you forever” possible?  Does a parents’ love extend into the child’s adulthood? Can parents make decisions to encourage healthy relationships among their adult children? Can a parents’ love expand beyond their own life to create an opportunity for their children and grandchildren to enjoy not only a financial legacy, but also a legacy in relationships? Yes, but just like the situation with parents who are divorcing, it requires intention and hard work.

Parents can minimize conflict between adult children by involving them in the creation of a power of attorney and a medical directive. A durable power of attorney permits a designated person to sign checks, manage credit, and conduct business on behalf of another. An advanced directive appoints an agent to make medical decisions and provides directions as to how to make the decisions. This provides guidance and creates authority to make medical decisions if the parent is unable to make them independently.

The power of attorney and advanced directives may help to keep the peace among siblings when the parents are unable to make legal or medical decisions. They usually prevent the necessity of going to court to have one child, or another person, appointed to make these decisions.  Families have a very difficult time maintaining unity when, during a time of crisis, they must involve the legal institutions to select which child is best situated to perform these roles.

Another way to lessen conflict between adult children is for parents to create a comprehensive estate plan within which they designate beneficiaries for investment or bank accounts, deed real property, draft a will or create a trust. For many parents, the focus of their estate plan is to avoid paying taxes. This becomes more important and challenging, as state and federal laws change from time to time. However, simply creating the documents and working to minimize tax consequences is not enough. Too often parents of adult children make decisions in private meetings with their attorneys, without informing the children until the documents are needed. Other parents may inform the family but fail to discuss plans in sufficient depth to determine how the decisions could impact harmony within the family. 

There is a better way.

To minimize the potential disagreement, many families engage a mediator trained in elder mediation. During family meetings, participants reach consensus on who may best accept the duties of the legal and medical power of attorney. The parents may also outline the beneficiaries, wills, and trusts they are considering, and consider input from their beneficiaries. These meetings will prevent the shock of a parents’ passing when they have not communicated the information. It may also permit the parent to consider the adult children’s concerns when constructing these essential documents.

In working to maintain harmony within the family when creating an estate plan or power of attorney, a few dos and don’ts provide guidance.

Don’t: Don’t ignore the necessity of executing a power of attorney, medical directive and an estate plan. Without these documents the family must go to court to establish guardianship or conservatorship, often increasing potential conflict among family members.

Don’t: Don’t rely on forms to create documents from the internet or an office supply store. Documents that do not meet the requirements of your state or the needs of your family may wind up being costly and damaging to your family.

Don’t: Don’t focus on taxes to the exclusion of relationships. Including your family in the decision-making process and creating plans to meet everyone’s needs will reduce the potential for conflict in the future.

Do: Do Retain authority over making decisions about your estate plan and power of attorney, but include anyone who is impacted in a collaborative and healthy way. Allow them to participate in discussions to address disagreements in a suitable environment. Consider working with a mediator, a family therapist, or a facilitator to help your family reach mutual understandings before having documents professionally prepared. DISCUSS long and short-term plans of each family member before deciding how to structure an inheritance, create a trust, or make a will.  Looking at each family member’s long- and short-term desires and needs will minimize future conflict.

Include provisions in all documents, as much as possible, to require beneficiaries to participate in mediation prior to engaging in legal action to resolve conflicts and provide for the costs to be paid by the estate, or equally between parties. Families can provide a great comfort and resource when challenged with difficult times. Proper thought and planning, with the family relationship being the focus of the plan, can maintain lifelong relationships that will provide future generations with more than financial security.

Brenda Waugh is a lawyer/mediator with Waugh Law & Mediation, serving clients in the Blue Ridge region of Virginia and Eastern 
Panhandle of West Virginia
.

A Sound Of Summer: The Wood Pewee

Story and illustration by Doug Pifer

As spring turns into summer, I listen for a bird song I’ve loved since childhood. I remember hearing, as soon as school closed for the summer, a rather lazy, sentimental birdsong coming from the woods across the road. Whenever I hear it now, it evokes memories of long summer days. A member of the flycatcher family, the wood pewee derives its common name from the English rendition of its distinctive song. I find it’s always tricky to start putting bird sounds into words. Everyone hears something different. What I hear from a pewee sounds more like “piddy-you-wee,” all run together with the last part slurred upward. The answering alternate song ends in a long, downward slurred note, “we-doooo.”Wood pewees are late migrants that seldom show up around here before the first of May. They winter in Central and South America and seem to be in no hurry to leave the tropics until March or April. But as soon as they get here the males start singing. Their serenade begins at dawn and ends at dusk. Their song persists throughout the day even in July and August, as the nesting season winds down. Most birds go quiet around then, as they replace their old feathers with a new suit of fall plumage. But the wood pewee keeps on singing.It’s easier to see wood pewees at our place in August, when abundant insects in our fields and pastures tempt them to leave the treetops to perch on our fence. A scant five and a half inches long, a pewee is as plain as can be. A medium shade of gray on the back becomes slightly browner on the head, wings and tail. There are two white wing bars. The underside, from throat to tail, is creamy-white tinged with olive-gray up the sides. The only touch of color is an orange tinge on the lower half of its beak. The eastern wood pewee is a denizen of woods, parks, or wherever there are large shade trees. It perches in a characteristic upright posture, turning its head constantly seeking flying insects.  Spotting an airborne arthropod, the bird flies off in pursuit and latches onto the insect with an audible “snap.” In June, I saw a pewee return to its perch with a cicada in its mouth. Holding the insect in its bill, the pewee bashed it against the branch repeatedly until the cicada’s wings fell off, and then swallowed it whole.I’m amazed how easily flycatchers capture insects. They have a wide mouth and flattened beak especially adapted for the job. I once examined the bill of a wood pewee that had killed itself flying into somebody’s window. Seen from the side, the beak looked slender and straight except for a slight hook at the tip. Seen from above or below, it was roughly triangular. From the pointed, hooked tip it widened towards the bird’s mouth. Surrounding the mouth was a fine moustache of stiff bristle-like feathers, as if the bird had whiskers. As the bird overtakes a flying insect, these springy bristles act like a net to “bounce” a hapless insect towards the trap-like mouth. By the middle of September, the pewees will be gone. But I’ll remember that lazy-sounding song until next spring. 

Illustration by Doug Pifer courtesy of the Pennsylvania Game Commission.

Law Matters

Is It Possible For Divorced Parents To Just Be “Parents”?

By Brenda Waugh

Yes, divorced parents can be “parents” without a qualifier. Not “divorced.” Not “single.” Just “parents.”

When I first started practicing law in 1987, things were different. When parents wanted to divorce, one retained a lawyer who filed a complaint or petition with the court. The sheriff served the documents, lawyers engaged in a series of negotiations, and eventually convened the final court hearing where we usually announced the terms of a negotiated agreement.  I thought it worked fine. But it didn’t. Creating this adversarial relationship was no way to create a healthy, happy, post-divorce family.  

As Maya Angelou said, “Do the best you can until you know better. Then when you know better, do better.” Today we know better! We understand that children of divorce can be just as healthy and happy as other children. However, when the divorce includes a “custody battle,” children may experience emotional difficulties that extend for years after the divorce.

How do we “do better”? Rather than “lawyering up,” we consider mediation and collaborative practice as options to secure a divorce while maintaining good parent-child relationships. 

In mediation, both parents attend a meeting with a third-party facilitator, a mediator, who works with them to develop a mutually agreeable way to make crucial  decisions regarding their child, including medical, educational, and religious decisions. The mediator also helps parents decide how to divide their custodial time with the child during the school year, summer and holidays.

Parents work together to maximize their time with the child, considering their residences and employment. The mediator helps the parents draft their parenting plan incorporating these decisions. When parties are getting divorced, the mediator may also facilitate a discussion about their property division. Once an agreement is reached, the parties may review it with their lawyers, if they retain them, or provide it to the judge to include in the order. Mediation often occurs before any party initiates the divorce, permitting it to proceed as a no-
fault divorce.

Equally effective, collaborative divorce creates an opportunity for the parents to divorce while maintaining a good relationship with their children. In collaborative divorce, the parents each retain specially trained attorneys who are often members of the International Academy of Collaborative Professionals. Instead of attending court hearings, the parents and their lawyers have meetings to work out the details of the parenting plan. Once the agreement is reached, the attorneys file the paperwork and complete the steps required to have the agreement included in the judge’s order.

The lawyers may also represent the parties on issues of child and spousal support and property division. In collaborative practice, the parties may expand opportunities by including a neutral, or conflict, coach in meetings to expand options in the division of property, spousal support, or child custody.

How do we know that mediation and collaborative divorce work? Is there any way to see that “divorced parents” are simply “parents.” Yes!

Parents select the best extracurricular activities for their children together. Both often attend games or meetings and support the child and the team.

Parents attend school conferences together, working to find the best way to improve their child’s success.

Parents coordinate schedules so that the children are in daycare less and with their parents more. They understand that no parent babysits their children.

Parents attend medical appointments, taking turns or attending together, depending on the nature of the appointment. Both know when appointments are scheduled and can access 
medical records. 

Parents avoid asking their children to make difficult decisions, such as where they want to live or when they want to spend time with the other parent. Instead, they work with the other parent to take the stress off of the child.

Parents spend time with their children having fun. They also both spend time doing the hard work of parenting, chores, homework, and discipline. Neither parent becomes a “fantasy” 
perfect parent.

Parents make sure the children feel comfortable at home. They recognize the children have two homes. They find a way so that a child is sleeping in their own bed, at either home. 

Is it always possible? No. Sometimes the level of conflict between the parents escalates to a place where “divorced parents” can’t be “just parents.” In those situations, judges make the important decisions on raising the children, often guided by attorneys (called Guardian Ad Litems) or by parenting coordinators. When a conflict between parents has escalated, and behavioral health resources cannot tone it down, judges often order detailed schedules to reduce the necessity of good communication between parents.

These situations are the exceptions. Most divorcing parents can be more than “just parents.” They can work together to be “great parents.” Getting started by cooperating to create the best schedules for the children in mediation or with collaborative divorce provides the best opportunity for this to occur.

To learn more about mediation or to find a mediator in your area, visit mediate.com. To learn more about collaborative practice and find lawyers, financial neutrals, or conflict coaches in your area, visit collaborativepractice.com.

Brenda Waugh is a lawyer/mediator with Waugh Law & Mediation, serving clients in the Blue Ridge region of Virginia and Eastern Panhandle of West Virginia. She has conducted workshops throughout the U.S. and in Canada, and has published articles in periodicals and legal journals in the area of alternative dispute resolution.

The Cicadas Are Coming!

Plus, how to cook them

By Claire Stuart

Exodus 10:13–15: … the Lord brought an east wind upon the land … and the east wind brought the locust … they covered the face of the whole earth, so that the land was darkened; and they did eat every herb of the land, and all the fruit of the trees … and there remained not any green thing … through all the land of Egypt.

Brood X  (10) of the 17-year periodical cicadas (Magicicada septendecim ) is coming this year! Many people call them locusts, doubtless because they appear by the millions, reminiscent of the locusts in the Bible story, but they are not locusts. Locusts are migratory grasshoppers that congregate by millions and devour crops, mostly in Africa and the Middle East. The only thing I can think of that locusts and cicadas actually have in common is that locusts were sent to punish the Pharaoh, and periodical cicadas have a call that sounds like “Pharaoh, Pharaoh!” 

There are two types of cicadas, and they emerge at different times of the year.

The annual or “Dog Days” cicadas are so-named because they emerge in mid-August when Sirius (the Dog Star) and the constellation Canis Major begin to appear in the early morning sky. There are several species, with life cycles ranging from one to five years, but they overlap, so some emerge every summer. Since they do not appear in masses, they are mostly ignored and their buzzing calls are just considered a sound track of summer. They don’t call “Pharaoh!” Cicadas are piercing/sucking insects that don’t do any noticeable damage by feeding. Immature cicadas (nymphs) feed underground in their nymphal stage, sucking juices from tree roots — for 17 years in the case of periodical cicadas. There are also some 13-year cicadas, mostly further south, but they are less prominent. 

When cicada nymphs mature, they burrow out of the ground and climb up on any handy vertical object to shed their nymphal skins and stretch their wings, leaving empty shells behind. They are soft and white when they emerge, but their exoskeleton soon darkens and hardens.

Adults suck a negligible amount of juices from plants during their short above-ground lives and live about a month.

The 17-year cicadas that consistently emerge in the same year in the same area are classified as “broods.” There are 12 broods, given Roman numerals I through XII.  Each brood covers a specific geographical region. We are under Brood X, which will emerge this year in parts of 15 states from New York to Georgia and west to Indiana. In our area, included are Winchester, Clarke, Fauquier, Frederick, Shenandoah and Warren Counties, Virginia, as well as the Eastern Panhandle of West Virginia.

The 17-year periodical cicadas emerge all at once in great masses, earlier in the year than the annual cicadas. They appear in May, and the very air seems to vibrate with their calls. 

So, what do they do that affects us, besides making a lot of noise? Females make slits in tender young twigs and lay their eggs in them. When the eggs hatch, the nymphs drop to the ground and burrow in to find roots to feed on. As trees grow rapidly at that time of year, the egg slits can widen, causing the twigs to weaken and bend or break off. This isn’t a serious problem with larger trees but can be a real problem with young trees.

Broken or malformed young branches can spoil the shape of landscape trees. It is wise to cover young trees with nets—or just avoid planting new trees until fall.

The life of adult cicadas is strictly concerned with mating. All of the singing is done by males, who gather in groups in trees and sing in choruses to attract females. The males have drum-like structures that make their sounds. A vibrating membrane controlled by muscles is stretched over an air bladder on the abdomen that serves as a resonating chamber. Female cicadas are often attracted to the sounds of motors of garden equipment like mowers, weed-wackers, and hedge clippers, as well as garage and workshop tools like grinders, sanders, etc. 

Fossil records show that cicadas have been around as long as 110 million years, sharing Earth with the dinosaurs, but their numbers are falling. That’s because of the 
destruction of trees for “development.” If many trees are cut between 17-year cycles, the nymphs on the roots die.

There will always be adventurous diners who wonder whether cicadas are edible. Since cicadas are related to other arthropods such as shrimp, crayfish, crabs and lobsters, they are certainly edible. They are high in protein and low in fat.  However, if you are allergic to shellfish, you should avoid cicadas as well. Cicadas should be gathered for cooking as soon as they burst out of their nymphal skins, when their exoskeletons are still white and soft. Remove wings and legs. If their bodies have already hardened, they should be boiled first. Cicadas can be broiled, boiled, fried and otherwise prepared the way you would prepare other arthropods. A variety of recipes can be found on the Web. The taste has been described as resembling everything from soft-shelled crabs to asparagus. Have I ever eaten them? NO!  And I don’t eat shrimp or lobster either because they look like giant insects to me!

The very best web site for cicada information: www.cicadamania.com.