Understanding Guardianship and Conservatorship And How to Avoid Them!

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By Brenda Waugh

When a friend or family member is unable to make decisions for themselves, loved ones often want to find a way to help out — to be legally able to make decisions for them. The disability can be caused by an accident or a debilitating disease acquired during adulthood. The disability may also be a condition a child is born with or acquires during childhood. There are several options on how an adult may gain the authority to make medical or legal decisions for another adult.

Court Involvement: Appointment by the Court as Guardian or Conservator

When a person has not executed any documents to give another power to make legal and medical decisions to another, the only way to gain control over these decisions is to petition the court to be appointed as the guardian or conservator. A guardian is a person who is charged with managing the personal and medical needs of another. A conservator is a person charged with managing financial needs. 

To become appointed, a person must petition the court, which will assign an attorney to serve as the Guardian Ad Litem for the person with the disability to assist in the legal proceeding. Next, a hearing will be held where the judge will decide whether or not the person is incapacitated and, if so, will execute an order appointing the petitioner as the guardian or conservator. At that point, the guardian or conservator must formally qualify by taking an oath at the office of the clerk of the court. In addition, they may need to post a surety bond.

After the appointment, the appointee will have limited authority to take action on the other person’s behalf. They may need to get specific authority to act, such as changing the incapacitated person’s residence. The appointee will be required to file periodic reports. The court may revoke guardianship and conservatorship at any time if the person being protected or another person challenges it.

Involving all stakeholders and family members before taking matters to court is best. The family should work with a mediator if they cannot agree on whether or not guardianship should be pursued and who should be selected as the guardian/conservator to avoid protracted legal proceedings and court involvement.

Document Preparation: Durable and Medical Power of Attorney

Court involvement in guardianship and conservatorship can be avoided entirely when the issue involves an incapacitated adult by proper preparation. Any adult may appoint any other adult to be their durable medical and legal power of attorney. 

The durable legal power of attorney performs a function similar to the conservatorship — it allows a person to make legal decisions for another. However, unlike conservatorship, a power of attorney allows the person executing the document to decide how broad or narrow those responsibilities will be. It also can be revoked at any time and can name alternative persons to perform the duties. 

The medical power of attorney, living will, and advanced medical directive can appoint another person to make medical decisions. It also can guide what preferences an adult has regarding certain medical decisions. This document operates similarly to guardianship, but only as to medical issues. The power may be withdrawn at any time. 

A key factor to consider with the medical and legal power of attorney is carefully selecting the person to whom these duties are assigned. It is equally important for the decision to be discussed with the appointee, friends, and family members to increase the potential for everyone to accept a decision. With that cooperation, those who are satisfied would be less likely to seek court involvement.

When families or friends have difficulty discussing these issues, it is often advisable to work with a mediator to help make and communicate the decisions and avoid involving courts in these private matters. these private matters. 

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.

Saluting A Habitat Tree

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By Doug Pifer

It’s good for a tree’s overall health to remove dead branches. And falling limbs can be a true hazard. But there is great value in keeping a dead tree standing in a safe spot in your yard 

or property.

My wife and I were thrilled to discover a big Kentucky Coffee tree growing next to our driveway when we moved here. As it began to leaf out, we sadly learned it was near the end of its life. Several large limbs had already fallen, and one of them had damaged the roof of the garden shed. We were concerned that, during a storm, more falling limbs would damage our newly built fence or our car. 

We wanted our tree to remain standing as wildlife habitat so we had arborists from Viking Tree Service carefully sculpt it so the limbs couldn’t fall and cause damage. Now the old Kentucky coffee tree stands majestically like a dead tree in the woods.

This old tree was a wildlife habitat long before we moved here. For trees, death can be very gradual. A dying tree, which foresters call a hard snag, attracts wood-boring insects, lichens, moss, and fungi. Weather and wind work to soften the outer bark and it starts to slough away, leaving open spaces where bats roost during the day. Woodpeckers chisel into the tree to get the ants, beetles, and other insects hidden in chambers and networks of tunnels in the dead wood.

After several years, fibers in the dead wood gradually soften and continue to break down, and the dead tree becomes a “soft snag” in forestry-speak. Woodpeckers that used to hunt the hard snag for insects now chop away deep cavities for nesting. After the woodpeckers raise a brood, they abandon the nest hole, preferring to dig out a new one next season. The empty woodpecker cavities shelter rodents, snakes and lizards. 

These ”secondary” tree cavities are prime real estate for nesting birds in the spring. Chickadees, titmice, flycatchers, barred and screech owls, bluebirds and wood ducks all nest in abandoned woodpecker holes. Certain cavity nesters, like owls, add no further nest material. Others, like wrens and chickadees, fill the chamber with sticks, grass, or moss. Some cavity nesters add plastic or paper wrappers, shed snake skins, or feathers.

Bluebirds and purple martins are native birds that once nested in old woodpecker holes. But since the 19th century European starlings aggressively took over nesting sites to the extent that the native birds’ populations began to suffer. Nowadays bluebirds and purple martins are on the rebound, largely because they have come to prefer nesting in man-made bird boxes instead of using “traditional” sites. 

Dead trees also make wonderful loafing sites. Birds like to hang out where they can see approaching enemies. They rest, preen, and socialize without leaves and branches getting in the way. They can quickly dry after a rain and warm themselves in the sunshine. Here at our place a great blue heron often perches atop a big dead hackberry tree next to the stream at the corner of our property. Vultures sometimes roost there, lingering on into the morning until the sun warms and dries 

their feathers. 

Our colony of purple martins used to loaf in our old Kentucky coffee tree top during the day. Their newly fledged young assembled there and were fed insects by their parents. 

For several years the very first male martin to arrive perched on this same treetop. Now the upper branches have disappeared. Our martins hang out elsewhere.

Even a healthy tree left to its own devices continues to drop dead limbs and branches throughout its life. Such fallen limbs teem with wood lice, ground beetles, centipedes, and slugs. Salamanders burrow underneath. The rotting wood becomes entangled by white, thread-like mycelia from mushrooms and other fungi as the remains gradually molder into the forest floor.

Witnessing our old tree’s decline offers me a new perspective on life, death and change.

Paths For Businesses And Customers To Resolve Disputes

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By Brenda Waugh

Most of the time, small business owners and consumers can complete their transactions without any problems. Whether a buyer is picking up a gift from a local merchant or a homeowner is having a new roof installed, most interactions occur without significant conflicts arising. However, sometimes the parties develop a disagreement about the price, the product, or even the terms of their transaction. The law establishes certain rights to both small business owners and consumers that may impact the decision to engage in a business transaction or provide guidance in resolving disputes.

Consumers in Virginia have a variety of rights protected under state and federal laws, including these.

Right to protection from unfair and deceptive trade practices. Virginia’s Consumer Protection Act (VCPA) prohibits businesses from engaging in unfair or deceptive acts or practices that can harm consumers. These practices include things like false advertising and discriminatory pricing.  

Right to a refund or replacement. If a product is defective, consumers in Virginia can usually get a replacement or refund.

Right to cancel certain contracts. Virginia law allows consumers to cancel certain contracts within a specified time frame, including contracts for health club memberships and door-to-door sales.

Right to fair credit reporting. The Fair Credit Reporting Act (FCRA) gives consumers the right to access their credit reports and to dispute any inaccuracies. 

Right to protection from identity theft. Virginia law requires businesses to take reasonable measures to protect consumers’ personal information from identity theft. 

Similarly, small business owners in Virginia have certain rights and responsibilities under state and federal laws. Some of the key rights that small business owners have in Virginia include these.

Formation. Small business owners have the right to form a legal entity, such as a corporation, limited liability company, or partnership, to operate their business. 

Contracts. Small business owners have the right to enter into contracts with other businesses or individuals and to enforce those contracts in court if necessary. 

Employment. Small business owners have the right to hire and terminate employees and to set wages and working conditions for their employees in accordance with state and federal laws. 

Property. Small business owners have the right to own, use, and dispose of property, including real estate, equipment, and inventory. 

Intellectual property. Small business owners have the right to protect their intellectual property, including trademarks, patents, and copyrights, through state and federal laws. 

When a dispute between a consumer and a small business owner develops, the parties have several options. 

Negotiation. It is often best to negotiate with the party as early as possible to find a mutually acceptable resolution. Sometimes, parties may ignore requests hoping that the dispute will disappear. That rarely happens, and even when one party appears not to act, their action may be deferred. Other times parties may not overtly act but may write reviews, contact colleagues, or take other unilateral actions that may eventually be to the detriment of the party. Negotiation is often the best first step. It may begin with a written letter outlining the dispute, but usually will be most effective if the parties can meet to discuss and work out the terms of the disagreement.

Mediation. If negotiation is not successful or when the parties are not comfortable negotiating in person, mediation is often a good option. It tends to be faster and less expensive than litigation. While parties will usually have the option of mediation once a suit is filed, they may also engage a mediator prior to filing the lawsuit to expedite resolution. Mediation is a process where a neutral third party helps facilitate communication and negotiation between parties in a dispute to find a mutually acceptable resolution. 

Litigation.  If the parties are unable to resolve their conflict, they may file suit with our without an attorney. If the matter involves only issues and parties in Virginia they may bring their case in one of the following courts.   

  • Small claims court. In Virginia, small claims court has jurisdiction over civil cases involving disputes up to $5,000. This includes claims for damages, breach of contract, and other disputes between individuals or businesses. Many litigants file in small claims court without an attorney. 
  • General District Court. In Virginia, parties may file in General District Court with a civil case when the damages are less than $25,000. General District Court also has jurisdiction to hear landlord-tenant disputes.   
  • Circuit Court. When the damages involved in the litigation exceed $25,000, the civil case must be filed in Circuit Court.  

Some types of disputes between consumers and small business owners that may be resolved in mediation include: 

  • Disputes about a purchase price. 
  • Disputes over the receipt of payments 
  • Disagreement over the performance of the terms of a contract. 
  • Disputes about the quality of a product or service. 

While mediation is a great option, it may not be possible when both parties are unwilling to engage in mediation. Ultimately, consumers and small business owners should consider their specific needs and goals and consult with a qualified mediator or legal professional to determine whether mediation is a good option for their situation. 

When anyone has a question about their rights as a business owner or as a consumer, they should contact a lawyer to obtain the most updated and accurate information about their legal rights. In most situations, the conflict may be amicably resolved, and the parties may be able to continue to engage in business together. Ignoring the problem rarely resolves it, and may preclude pursuing some measures due to the statute of limitations. Failing to resolve the issue may also impact a small business’s success and the consumer’s ability to enjoy the product or service.  

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. 

By Brenda Waugh

Most of the time, small business owners and consumers can complete their transactions without any problems. Whether a buyer is picking up a gift from a local merchant or a homeowner is having a new roof installed, most interactions occur without significant conflicts arising. However, sometimes the parties develop a disagreement about the price, the product, or even the terms of their transaction. The law establishes certain rights to both small business owners and consumers that may impact the decision to engage in a business transaction or provide guidance in resolving disputes.

Consumers in Virginia have a variety of rights protected under state and federal laws, including these.

Right to protection from unfair and deceptive trade practices. Virginia’s Consumer Protection Act (VCPA) prohibits businesses from engaging in unfair or deceptive acts or practices that can harm consumers. These practices include things like false advertising and discriminatory pricing.  

Right to a refund or replacement. If a product is defective, consumers in Virginia can usually get a replacement or refund.

Right to cancel certain contracts. Virginia law allows consumers to cancel certain contracts within a specified time frame, including contracts for health club memberships and door-to-door sales.

Right to fair credit reporting. The Fair Credit Reporting Act (FCRA) gives consumers the right to access their credit reports and to dispute any inaccuracies. 

Right to protection from identity theft. Virginia law requires businesses to take reasonable measures to protect consumers’ personal information from identity theft. 

Similarly, small business owners in Virginia have certain rights and responsibilities under state and federal laws. Some of the key rights that small business owners have in Virginia include these.

Formation. Small business owners have the right to form a legal entity, such as a corporation, limited liability company, or partnership, to operate their business. 

Contracts. Small business owners have the right to enter into contracts with other businesses or individuals and to enforce those contracts in court if necessary. 

Employment. Small business owners have the right to hire and terminate employees and to set wages and working conditions for their employees in accordance with state and federal laws. 

Property. Small business owners have the right to own, use, and dispose of property, including real estate, equipment, and inventory. 

Intellectual property. Small business owners have the right to protect their intellectual property, including trademarks, patents, and copyrights, through state and federal laws. 

When a dispute between a consumer and a small business owner develops, the parties have several options. 

Negotiation. It is often best to negotiate with the party as early as possible to find a mutually acceptable resolution. Sometimes, parties may ignore requests hoping that the dispute will disappear. That rarely happens, and even when one party appears not to act, their action may be deferred. Other times parties may not overtly act but may write reviews, contact colleagues, or take other unilateral actions that may eventually be to the detriment of the party. Negotiation is often the best first step. It may begin with a written letter outlining the dispute, but usually will be most effective if the parties can meet to discuss and work out the terms of the disagreement.

Mediation. If negotiation is not successful or when the parties are not comfortable negotiating in person, mediation is often a good option. It tends to be faster and less expensive than litigation. While parties will usually have the option of mediation once a suit is filed, they may also engage a mediator prior to filing the lawsuit to expedite resolution. Mediation is a process where a neutral third party helps facilitate communication and negotiation between parties in a dispute to find a mutually acceptable resolution. 

Litigation.  If the parties are unable to resolve their conflict, they may file suit with our without an attorney. If the matter involves only issues and parties in Virginia they may bring their case in one of the following courts.   

  • Small claims court. In Virginia, small claims court has jurisdiction over civil cases involving disputes up to $5,000. This includes claims for damages, breach of contract, and other disputes between individuals or businesses. Many litigants file in small claims court without an attorney. 
  • General District Court. In Virginia, parties may file in General District Court with a civil case when the damages are less than $25,000. General District Court also has jurisdiction to hear landlord-tenant disputes.   
  • Circuit Court. When the damages involved in the litigation exceed $25,000, the civil case must be filed in Circuit Court.  

Some types of disputes between consumers and small business owners that may be resolved in mediation include: 

  • Disputes about a purchase price. 
  • Disputes over the receipt of payments 
  • Disagreement over the performance of the terms of a contract. 
  • Disputes about the quality of a product or service. 

While mediation is a great option, it may not be possible when both parties are unwilling to engage in mediation. Ultimately, consumers and small business owners should consider their specific needs and goals and consult with a qualified mediator or legal professional to determine whether mediation is a good option for their situation. 

When anyone has a question about their rights as a business owner or as a consumer, they should contact a lawyer to obtain the most updated and accurate information about their legal rights. In most situations, the conflict may be amicably resolved, and the parties may be able to continue to engage in business together. Ignoring the problem rarely resolves it, and may preclude pursuing some measures due to the statute of limitations. Failing to resolve the issue may also impact a small business’s success and the consumer’s ability to enjoy the product or service.  

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. 

How to Grow Your Own Native Plants from Seeds

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Tips from the Experts at The State Arboretum of Virginia 

Virginia native wildflowers and grasses are a great option to enhance the beauty of gardens and landscapes while simultaneously creating much-needed habitat for a wide variety of insects, birds, and other animals who form the backbone of all our local ecosystems. They are also beautiful, living examples of Virginia’s natural history.

Starting native plants from seed can be more challenging than common vegetables or ornamentals. These tips from the curators of The State Arboretum of Virginia will help ensure success when starting your own native seeds. 

Cold Stratification

According to Jack Monsted, assistant curator of the arboretum’s Native Plant Trail, many natives, particularly perennial wildflowers, require a period of ‘cold stratification’ to germinate. “This is a fancy way to say they need to be kept cold and moist for several weeks or months before they’ll do anything,” said Monsted. “In the wild this requirement prevents them from sprouting in the middle of winter and freezing to death. But that means that an extra step is needed before sowing in the garden.”

Studies have shown that different species require different stratification periods ranging from two weeks to several months. Many native seed labels will say exactly how long to stratify each species, but if no information is given, generally around 30 days is good rule of thumb, according to Monsted.

There are three common methods to cold stratify seeds. For all three methods, the key is keeping them moist enough to break dormancy, but not so moist that they mold.

Method 1: Sow Outside in Winter. This is the easiest method, and simply allows seeds to go through a natural stratification process by being in soil outside during winter. If you sow the seeds outdoors in January through early March, they’ll have enough time to cold stratify before germinating in spring. If you’re worried about squirrels or chipmunks digging them up before they germinate, you can sow them outside in a pot and cover with chicken wire or another barrier, ensuring that rainwater is still able to pass through 
the barrier. 

Method 2: Paper towels. If you have just a few seeds, this method is ideal. Simply wet a paper towel and squeeze out the excess moisture. Then place your seeds in a single layer on the paper towel, fold it over so the seeds won’t fall out, place it in a plastic bag, and put the whole thing in your refrigerator. Check on the seeds weekly to make sure they haven’t completely dried out.

Method 3: Sand.  For this method, simply get some clean play sand and slowly add water until it is moist enough to be made into a ball. If you squeeze the ball of sand and water runs out, it’s too wet and more sand must be added. Once the sand is appropriately wet, mix about two parts sand per one part seed and put in a plastic bag. Shake thoroughly and place in your refrigerator, checking on them periodically to make sure they don’t dry out.

Roots Before Shoots 

Most native plants — particularly those that thrive in full sun — are adapted to survive droughts and other dry times, so they put a lot of effort into building deep root systems. For this reason, it’s recommended to use extra deep trays or pots if not starting plants directly in 
the ground. 

“At the arboretum we start our native perennials in 5-inch-deep cells, which gives the roots plenty of space to grow and allows us to transplant them without damaging the root system,” said Monsted.

Hold off on the Fertilizer

Native plants are adapted to thrive in natural soils, many of which are very nutrient-poor compared to your average garden soil. For this reason, it is highly recommended that you never use any synthetic fertilizer on native plants or seeds. They can’t utilize the extra nutrients as well as weeds can, and too much fertilizer can damage them. 

“If you want to amend the soil, the best thing to do is add a little clean leaf mulch to the surface of the soil and avoid digging or tilling the soil as much as possible,” Monsted said. “This will gradually increase organic matter in your soil and produce a healthier soil ecosystem overall.”

Right Plant, Right Place

When you do finally put your plants in their final home, make sure to match the plant to the site conditions. While native plants are well adapted to our climate, each one still has definite preferences for how much sunlight and water they need. Shade-loving woodland phlox will wilt in the summer if planted in full sun, and the drought-tolerant orange Butterfly Weed will rot if planted in constantly wet soil. Make sure to research the light, moisture, and soil requirements of your plants and put them in locations that match those conditions. 

Get Inspired

For inspiration to incorporate native plants in your landscape, visit the State Arboretum of Virginia. Completed in 1998, the Native Plant Trail was built to showcase the beauty and diversity of Virginia’s native plants and features hundreds of wildflowers, grasses and trees. The trail also serves to educate visitors about native plants — from their importance in our local ecosystems to identification tips and the benefits they offer humans. Interpretive signage and seasonal interactive exhibits appear throughout the trail to help visitors find a deeper connection to the flora and landscapes of Virginia.

The State Arboretum of Virginia is home to more than 6,000 woody trees and shrubs, including a unique 300-tree ginkgo grove and a 36-tree Cedar of Lebanon allee. The Arboretum is part of Blandy Experimental Farm, a research field station for the University of Virginia’s Department of Environmental Sciences. Blandy Experimental Farm is on Route 50 in Clarke County, about 10 miles east of Winchester and 20 miles west of Middleburg. Directions and a calendar of events are online at www.blandy.virginia.edu. 

Virginia native wildflowers and grasses are a great option to enhance the beauty of gardens and landscapes while simultaneously creating much-needed habitat for a wide variety of insects, birds, and other animals who form the backbone of all our local ecosystems. They are also beautiful, living examples of Virginia’s natural history.

Starting native plants from seed can be more challenging than common vegetables or ornamentals. These tips from the curators of The State Arboretum of Virginia will help ensure success when starting your own native seeds. 

Cold Stratification

According to Jack Monsted, assistant curator of the arboretum’s Native Plant Trail, many natives, particularly perennial wildflowers, require a period of ‘cold stratification’ to germinate. “This is a fancy way to say they need to be kept cold and moist for several weeks or months before they’ll do anything,” said Monsted. “In the wild this requirement prevents them from sprouting in the middle of winter and freezing to death. But that means that an extra step is needed before sowing in the garden.”

Studies have shown that different species require different stratification periods ranging from two weeks to several months. Many native seed labels will say exactly how long to stratify each species, but if no information is given, generally around 30 days is good rule of thumb, according to Monsted.

There are three common methods to cold stratify seeds. For all three methods, the key is keeping them moist enough to break dormancy, but not so moist that they mold.

Method 1: Sow Outside in Winter. This is the easiest method, and simply allows seeds to go through a natural stratification process by being in soil outside during winter. If you sow the seeds outdoors in January through early March, they’ll have enough time to cold stratify before germinating in spring. If you’re worried about squirrels or chipmunks digging them up before they germinate, you can sow them outside in a pot and cover with chicken wire or another barrier, ensuring that rainwater is still able to pass through 
the barrier. 

Method 2: Paper towels. If you have just a few seeds, this method is ideal. Simply wet a paper towel and squeeze out the excess moisture. Then place your seeds in a single layer on the paper towel, fold it over so the seeds won’t fall out, place it in a plastic bag, and put the whole thing in your refrigerator. Check on the seeds weekly to make sure they haven’t completely dried out.

Method 3: Sand.  For this method, simply get some clean play sand and slowly add water until it is moist enough to be made into a ball. If you squeeze the ball of sand and water runs out, it’s too wet and more sand must be added. Once the sand is appropriately wet, mix about two parts sand per one part seed and put in a plastic bag. Shake thoroughly and place in your refrigerator, checking on them periodically to make sure they don’t dry out.

Roots Before Shoots 

Most native plants — particularly those that thrive in full sun — are adapted to survive droughts and other dry times, so they put a lot of effort into building deep root systems. For this reason, it’s recommended to use extra deep trays or pots if not starting plants directly in 
the ground. 

“At the arboretum we start our native perennials in 5-inch-deep cells, which gives the roots plenty of space to grow and allows us to transplant them without damaging the root system,” said Monsted.

Hold off on the Fertilizer

Native plants are adapted to thrive in natural soils, many of which are very nutrient-poor compared to your average garden soil. For this reason, it is highly recommended that you never use any synthetic fertilizer on native plants or seeds. They can’t utilize the extra nutrients as well as weeds can, and too much fertilizer can damage them. 

“If you want to amend the soil, the best thing to do is add a little clean leaf mulch to the surface of the soil and avoid digging or tilling the soil as much as possible,” Monsted said. “This will gradually increase organic matter in your soil and produce a healthier soil ecosystem overall.”

Right Plant, Right Place

When you do finally put your plants in their final home, make sure to match the plant to the site conditions. While native plants are well adapted to our climate, each one still has definite preferences for how much sunlight and water they need. Shade-loving woodland phlox will wilt in the summer if planted in full sun, and the drought-tolerant orange Butterfly Weed will rot if planted in constantly wet soil. Make sure to research the light, moisture, and soil requirements of your plants and put them in locations that match those conditions. 

Get Inspired

For inspiration to incorporate native plants in your landscape, visit the State Arboretum of Virginia. Completed in 1998, the Native Plant Trail was built to showcase the beauty and diversity of Virginia’s native plants and features hundreds of wildflowers, grasses and trees. The trail also serves to educate visitors about native plants — from their importance in our local ecosystems to identification tips and the benefits they offer humans. Interpretive signage and seasonal interactive exhibits appear throughout the trail to help visitors find a deeper connection to the flora and landscapes of Virginia.

The State Arboretum of Virginia is home to more than 6,000 woody trees and shrubs, including a unique 300-tree ginkgo grove and a 36-tree Cedar of Lebanon allee. The Arboretum is part of Blandy Experimental Farm, a research field station for the University of Virginia’s Department of Environmental Sciences. Blandy Experimental Farm is on Route 50 in Clarke County, about 10 miles east of Winchester and 20 miles west of Middleburg. Directions and a calendar of events are online at www.blandy.virginia.edu. 

Seeds On The Wind

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By Doug Pifer

Looking out the kitchen window one morning last week, I thought it had started to snow. When I went out later, I saw that my “snowflakes” were really the fluffy seeds of sycamore trees. After hanging all winter packed tightly into “buttonwood balls,” they had broken free. Each individual nutlet had a bright buffy parachute that carried it away on the wind. Fluffy sycamore snowflakes drifted in windrows along the road, sticking to the muddy ground and piling up next to the fence. 

Dispersal of seeds by wind, called anemochory, is a reproductive strategy of many trees, shrubs, and wildflowers. Wind dispersal gives seeds a much better chance to germinate than if they just fell to the ground under the plant. Tree anemochores include maples, tulip trees, and ashes, as well as cone bearing pines and spruces. All these produce winged seeds that twirl like helicopters. Sycamore and cottonwood trees, and wildflowers such as dandelion and milkweed, practice anemochory by releasing their seeds into the wind on silky parachutes. 

Early spring winds also disperse pollen, sometimes in dramatic ways. One day I looked out the window and thought I saw smoke coming from the grove of red cedar trees in our middle pasture. My panic left me when I realized it was just the wind blowing clouds of cedar pollen. Red cedars are either male or female. Female red cedars are easily recognized in late summer when hundreds of small, waxy cones turning from green to powder-blue fill their branches. Male cedars are less striking until late winter, when thousands of tiny reddish-brown cones at the ends of their branches open and release pollen. These cones often grow so densely they turn the tree from dull green to brick-red. On dry, warm days as early as mid-February, the fragrance of cedar fills the air. The slightest breeze, or even a bird alighting on the branches, releases a cloud of pollen. A stiff wind blowing through a grove of male cedar trees on a warm, dry winter day can look like smoke from a grass fire.

Wind pollinated flowers of red, silver and sugar maple trees burst forth in late winter and early spring. The flowers are so small they often go unnoticed. Yet, from a distance every maple tree in the woods wears a red, orange or pink halo, bright tints of spring against the wintry gray of surrounding trees.

As folks who tap maple trees know, when maple trees bloom in late winter, maple tree sap turns as bitter as the March wind, marking the end of the sugar-making season. But to the squirrels, maple flowers are a feast, coming just as the first of their babies are born. Last week I saw a gray squirrel swinging in the wind, hanging onto an outer branch of a silver maple while nibbling the flowering buds. It reminded me that, despite the cold, spring is on its way.

Looking out the kitchen window one morning last week, I thought it had started to snow. When I went out later, I saw that my “snowflakes” were really the fluffy seeds of sycamore trees. After hanging all winter packed tightly into “buttonwood balls,” they had broken free. Each individual nutlet had a bright buffy parachute that carried it away on the wind. Fluffy sycamore snowflakes drifted in windrows along the road, sticking to the muddy ground and piling up next to the fence. 

Dispersal of seeds by wind, called anemochory, is a reproductive strategy of many trees, shrubs, and wildflowers. Wind dispersal gives seeds a much better chance to germinate than if they just fell to the ground under the plant. Tree anemochores include maples, tulip trees, and ashes, as well as cone bearing pines and spruces. All these produce winged seeds that twirl like helicopters. Sycamore and cottonwood trees, and wildflowers such as dandelion and milkweed, practice anemochory by releasing their seeds into the wind on silky parachutes. 

Early spring winds also disperse pollen, sometimes in dramatic ways. One day I looked out the window and thought I saw smoke coming from the grove of red cedar trees in our middle pasture. My panic left me when I realized it was just the wind blowing clouds of cedar pollen. Red cedars are either male or female. Female red cedars are easily recognized in late summer when hundreds of small, waxy cones turning from green to powder-blue fill their branches. Male cedars are less striking until late winter, when thousands of tiny reddish-brown cones at the ends of their branches open and release pollen. These cones often grow so densely they turn the tree from dull green to brick-red. On dry, warm days as early as mid-February, the fragrance of cedar fills the air. The slightest breeze, or even a bird alighting on the branches, releases a cloud of pollen. A stiff wind blowing through a grove of male cedar trees on a warm, dry winter day can look like smoke from a grass fire.

Wind pollinated flowers of red, silver and sugar maple trees burst forth in late winter and early spring. The flowers are so small they often go unnoticed. Yet, from a distance every maple tree in the woods wears a red, orange or pink halo, bright tints of spring against the wintry gray of surrounding trees.

As folks who tap maple trees know, when maple trees bloom in late winter, maple tree sap turns as bitter as the March wind, marking the end of the sugar-making season. But to the squirrels, maple flowers are a feast, coming just as the first of their babies are born. Last week I saw a gray squirrel swinging in the wind, hanging onto an outer branch of a silver maple while nibbling the flowering buds. It reminded me that, despite the cold, spring is on its way.

Berryville Celebrates with a Big  Parade June 3; Be Part of It

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By Cathy Kuehner

photos by Clarke County Historical Association

Parades have marched along Berryville’s Main Street for more than 100 years — maybe longer — but since cameras didn’t exist when the town was founded in 1798, there is no evidence of its earliest parades. However, 2023 is the year to get floats, marching groups, school groups, old cars, firetrucks, and your cameras ready, because the Berryville 225th Anniversary Committee is hosting what it hopes will be the biggest parade the town has ever seen.

The anniversary committee, chaired by John Hudson, has been working since last February to create memorable events to celebrate Berryville’s past, present, and future. A parade has long been part of the planning, and a subcommittee has taken on the task of 
organizing it.

The date — Saturday, June 3 — is a nod to the popular town-wide “Berryville Days” multi-day festivals held each June in the late 1980s and early ’90s. Early June also means elementary, middle, and high school students might represent their classes and clubs with floats or marching units in the parade.

“The Berryville 225 Anniversary Committee is working on a parade that will welcome participants of all ages from all across Clarke County,” Hudson said. “Clarke County loves parades, and the committee believes this parade could be the biggest one ever. Of course, a project this size will require many volunteers.”

When someone says volunteer, Berryville Mayor Jay Arnold is there. He has long helped organize car shows, yard sales, and other community events, and he stepped up to lead the parade sub-committee.

“As a lifelong resident of Berryville, I remember big parades each year when I was growing up,” Arnold said. “Since this is the town’s 225th anniversary year, I’d love to see a great parade on June 3.”

Clarke County clubs, school groups, marching bands, 
vintage vehicles, businesses, nonprofit organizations, and others are invited to be part of the “Berryville Celebrates” parade. There is no entry fee for parade participants 
or spectators.

Berryville anniversary themes and colors (blue and green) are strongly encouraged, but not required. Parade steps off at 2pm rain or shine. Parade begins along Lincoln Avenue, and heads east along Main Street. Because of safety concerns, throwing candy or other items from parade floats or units is prohibited.

Applications are required to participate in the “Berryville Celebrates” parade; the deadline to apply is May 17.

“We hope to see some familiar faces, local and regional dignitaries, floats, bands, firetrucks, and some special entries going along Main Street,” said Arnold, who added, “We also hope to see new entries presented by individuals, businesses, or civic groups that have never been in a 
parade before.”

All parade participants must apply, and parade positions will be assigned. Sponsorship opportunities are available, too, and volunteers will be needed for many different task on 
parade day.

Anyone interested in participating in the parade – or volunteering to help organize it – should contact the Berryville 225th Anniversary parade subcommittee at (540) 313-7467 or info@bvmerchants.com.

After receiving, completing, and returning an application, parade participants will receive confirmation emails with entry numbers, staging location information, route map, and instructions. Take the confirmation email with entry number with you on parade day to show at lineup.

Go for the Parade, 
Stay for the Picnic

Following the “Berryville Celebrates” parade at 2pm, Saturday, June 3, the Berryville 225 Anniversary Committee is planning a community picnic at 3:30pm with live music and food (or you may bring food from your favorite Berryville restaurant). Picnic location to be announced. Free parking for community events is always available in municipal parking lots on South Church Street (near Dollar General) and at the Berryville-Clarke County Government Center on Chalmers Court (near Rose Hill Park). 

To make the parade visible and enjoyable for children of all ages, please do not park along the parade route (Main Street) on Saturday afternoon, June 3.

By Cathy Kuehner

photos by Clarke County Historical Association

Parades have marched along Berryville’s Main Street for more than 100 years — maybe longer — but since cameras didn’t exist when the town was founded in 1798, there is no evidence of its earliest parades. However, 2023 is the year to get floats, marching groups, school groups, old cars, firetrucks, and your cameras ready, because the Berryville 225th Anniversary Committee is hosting what it hopes will be the biggest parade the town has ever seen.

The anniversary committee, chaired by John Hudson, has been working since last February to create memorable events to celebrate Berryville’s past, present, and future. A parade has long been part of the planning, and a subcommittee has taken on the task of 
organizing it.

The date — Saturday, June 3 — is a nod to the popular town-wide “Berryville Days” multi-day festivals held each June in the late 1980s and early ’90s. Early June also means elementary, middle, and high school students might represent their classes and clubs with floats or marching units in the parade.

“The Berryville 225 Anniversary Committee is working on a parade that will welcome participants of all ages from all across Clarke County,” Hudson said. “Clarke County loves parades, and the committee believes this parade could be the biggest one ever. Of course, a project this size will require many volunteers.”

When someone says volunteer, Berryville Mayor Jay Arnold is there. He has long helped organize car shows, yard sales, and other community events, and he stepped up to lead the parade sub-committee.

“As a lifelong resident of Berryville, I remember big parades each year when I was growing up,” Arnold said. “Since this is the town’s 225th anniversary year, I’d love to see a great parade on June 3.”

Clarke County clubs, school groups, marching bands, 
vintage vehicles, businesses, nonprofit organizations, and others are invited to be part of the “Berryville Celebrates” parade. There is no entry fee for parade participants 
or spectators.

Berryville anniversary themes and colors (blue and green) are strongly encouraged, but not required. Parade steps off at 2pm rain or shine. Parade begins along Lincoln Avenue, and heads east along Main Street. Because of safety concerns, throwing candy or other items from parade floats or units is prohibited.

Applications are required to participate in the “Berryville Celebrates” parade; the deadline to apply is May 17.

“We hope to see some familiar faces, local and regional dignitaries, floats, bands, firetrucks, and some special entries going along Main Street,” said Arnold, who added, “We also hope to see new entries presented by individuals, businesses, or civic groups that have never been in a 
parade before.”

All parade participants must apply, and parade positions will be assigned. Sponsorship opportunities are available, too, and volunteers will be needed for many different task on 
parade day.

Anyone interested in participating in the parade – or volunteering to help organize it – should contact the Berryville 225th Anniversary parade subcommittee at (540) 313-7467 or info@bvmerchants.com.

After receiving, completing, and returning an application, parade participants will receive confirmation emails with entry numbers, staging location information, route map, and instructions. Take the confirmation email with entry number with you on parade day to show at lineup.

Go for the Parade, 
Stay for the Picnic

Following the “Berryville Celebrates” parade at 2pm, Saturday, June 3, the Berryville 225 Anniversary Committee is planning a community picnic at 3:30pm with live music and food (or you may bring food from your favorite Berryville restaurant). Picnic location to be announced. Free parking for community events is always available in municipal parking lots on South Church Street (near Dollar General) and at the Berryville-Clarke County Government Center on Chalmers Court (near Rose Hill Park). 

To make the parade visible and enjoyable for children of all ages, please do not park along the parade route (Main Street) on Saturday afternoon, June 3.

New Book Explores Clarke County History Through Architecture

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By Cathy Kuehner

Towns and counties across America developed as settlers arrived, built homes that often reflected the architecture of their heritage, and established businesses to serve their new and growing communities. Clarke County’s history is the story of its settlers and slaves, property owners and entrepreneurs, and its agricultural- and agrarian-based economy.

A new book by architectural historian Maral S. Kalbian, “Clarke County, Virginia: History Through Architecture,” introduces the reader to the first people known to live in the area, guides readers through the development of roads and communities, and explains the architectural styles of its grand estates and humble houses. 

“I thoroughly enjoyed working on this book, although it was overwhelming at times,” said Kalbian, a professional architectural historian and preservation consultant. “I wanted to include as much as possible, and write it in a way that keeps the reader engaged. Not every historic property is included, but I wrote about as many as I could to tell the story of 
Clarke County.”

Kalbian, a longtime Clarke resident, was also determined to separate fact from fiction, tracking down widely held beliefs and finding documented evidence to either support or debunk them. “There are discrepancies in past historical writings, so I double- and tripled-checked some stories in order to give future researchers a better place to start.”

Kalbian’s meticulous research and the publication of “Clarke County, Virginia: History Through Architecture” was funded through a Certified Local Government (CLG) grant from the Virginia Department of Historic Resources as well as funds from the Clarke County Conservation Easement Authority (approved by the Board of Supervisors), the Clarke County Historical Association, and the Clarke-based Clermont Foundation. Grants and contributed funds totaled $33,000.

Clarke County’s Historic Preservation Commission oversaw the project that began in early 2021. The Commission oversaw earlier CLG grants that funded other studies of Clarke history, including an African-American historic context (2002), a countywide archaeological assessment (1994), an archaeological mill study (1996), and a driving tour (2015). Additionally, almost 40 Cultural Resource Management reports have been written about resources in the county. Kalbian researched and wrote most of them.

“Because so much has been written about Clarke’s history, I used architecture as the thread that ties the story together,” Kalbian said of her new book. Indeed, by offering details about the styles, building materials, and construction of homes, businesses, barns, churches, and schools, Kalbian paints a vivid picture of how people lived from the 1700s through the early 20th century. 

Of course, until early 1836, there was no Clarke County; it was eastern Frederick County. The state Senate officially established Clarke County on March 8, 1836, by separating it from Frederick County along Opequon Creek. The incorporated town of Berryville was selected Clarke’s seat 
of government.

The end of the Civil War in 1865 and the completion of the Shenandoah Valley Railroad in 1879 led to a boom in residential and business construction in Clarke, including many Black communities built 
by freed slaves.

Thus, chapters in Kalbian’s new book are organized chronologically with historic resources detailed in each chapter by type or theme. By using architecture as the thread, the reader can see how the landscape dictated the placement of roads, towns, and farms, and how architectural elements of each structure served specific functions for their occupants.

“Previously published technical reports are not always easily accessible to citizens or government officials,” Kalbian said. “My primary goal with this book is to assemble historical information in a way that is more accessible and appreciated by all ages of the general public. The book may even provide the framework for school curricula or other public history venues focusing on Clarke’s broad history and culture.”

Historic Preservation Commission chair Betsy Arnett said, “The production of this thoroughly professional account of Clarke County’s historic built environment is a major accomplishment. Commission members were delighted to support Maral’s work through the CLG grant program, including all the past studies and resource reports that informed her work on this new book.”

Arnett continued, “I think many people don’t realize what an asset Maral is to our community. To have an architectural historian and historic preservationist of her caliber working for our benefit is really quite amazing. This book is a labor of love for Maral, and it shows.”

“Clarke County, Virginia: History Through Architecture” is a hardcover, full-color, and richly illustrated book. It is available for $75 at the Clarke County Historical Association located at 32 E. Main St. in Berryville. Checks should be made payable to Maral Kalbian. Only 200 copies were printed, although additional copies may be printed. To purchase a book or for more information, contact Kalbian at (540) 955-1231 or maral@mkalbian.com.

Clarke County’s Merriman To Represent The U.S.  In World Games

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By Diane Harrison

When you think of a Frisbee, you envision back yards, the beach, even dogs playing fetch. When you hear ultimate Frisbee, you take Frisbee and add a stadium, a cross between football, soccer, and basketball formats, and fast-moving excitement. 

Ultimate, as it is officially known — Frisbee is a trademark of its inventor, Wham-O toy company — has grown over the years and is now recognized by the Olympic Committee for eligibility for the 2028 Olympics. The sport originated in 1968 by students at Columbia High School in Maplewood, New Jersey. It was only in the last 10 years or so that Ultimate has seen its largest growth. The sport has become popular on college campuses around the country. Over the last few years, you may have caught a demonstration of the game at half time shows of the professional football teams in Philadelphia and DC. Although Ultimate won’t see competition in the Olympics until 2028, it has been played in the World Games since 2001.

Clarke County resident AJ Merriman, who plays professionally for the DC Breeze, has been chosen to represent the United States on the U24 mixed team this summer in England. In November, he will represent the United States at the Beach World Championship in 
Southern California. 

After attending Clarke County schools, AJ attended high school outside the county. He played for a semester in college before being asked to try out for the Breeze. “Being at a new school after living in Clarke County my whole life was an adjustment. So starting this club and forming friendships that have lasted to this day ended up being one of the best things I did in high school.

AJ also played for several DC-area teams. One of those, The Foggy Bottom Boys, won U20 nationals in 2018. “That was a wonderful experience,” he said. “I now coach with the man who coached us to 
that championship.”

“I have played three years with the DC Breeze, and am currently working with team ownership and management to plan my future with the team,” 
AJ added.

AJ also spends his time coaching and supporting youth locally and worldwide. “I have been coaching a lot the past few years. I was on the coaching staff for the GMU men’s team. I coach several individuals around the nation, even some coaching with international ultimate athletes, and I have coached several youth teams,” he said. He is the head JV boys coach at W&L High School in Arlington, and has coached a couple of DC-area all-star teams. “Passing on my knowledge of the game to the area youth is important to me personally, but also to the youth community in general. It is exciting now that I have current and former athletes showing up to DC Breeze tryouts!” 

In the World Games, athletes and teams must raise funds to compete. AJ hopes to get donations/sponsorships to help pay his way to these two events.

If you would like to help AJ get to the U24 World Championships in London this summer — or to the World Beach Ultimate Championship in Huntington Beach later this year — you can donate in three ways:

Via PayPal at ajthatfrisbeeguy
@gmail.com. 

GO FUND ME at 
https://gofund.me/eb228c4c. 

By check to Alexander Merriman, 352 Hermitage Blvd., Berryville VA 22611.

You can follow AJ on Instagram @ajthatfrisbeeguy and the DC Breeze on Facebook @dc.breeze or their website at https://thedcbreeze.com, where you can catch the action on video or get tickets to attend a game.

Litter Committee is Working to Keep Clarke Clean; Can You Help?

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By John Keim

Since its first meeting in November 2021, the five-member Clarke County Litter Committee has met monthly with one goal in mind: Find ways to keep the county beautiful. The committee has conducted multiple cleanup days; tried to raise awareness about the importance of picking up litter; and considered 
long-term solutions.

The committee held its first cleanup day in March 2022 in Chet Hobert Park. Local Girl Scouts pitched in on a cold, gray day and worked for hours. Other cleanup days in April, October, and November focused on the boat landings under the Va. 7 and U.S. 50 bridges over the Shenandoah River and the busy Va. 7 and U.S. 340 interchange in Berryville.

Committee members also volunteered at the Clarke County Fair, spending hours picking up trash around the grounds as well as in parking areas. Volunteers also handed out literature at the Clarke County Litter 
Committee booth.

The committee has collaborated with Shenandoah Riverkeeper Mark Frondorf for cleanup days, and talked to area restaurants and other businesses about 
using substitutes for polystyrene containers for takeout food. Committee members have looked into how other localities made the transition to using environmentally friendly materials so it does not hurt a business’s bottom line.

Committee members are currently working with county schools, asking students to create slogans and art to put on signs to remind folks not to litter.

The committee is in the 
process of adopting a highway, which will require consistent cleaning and a need for more volunteers. The Litter Committee is also working with county residents to identify problem spots that need attention, whether picking up litter or providing 
extra equipment.

Anyone who is interested in helping can do one of two things: Volunteer on Litter Committee outings, or simply pick up litter where you live. Make a day of it with your kids or neighbors. Everyone gets some exercise, and your neighborhood will look better. Keeping Clarke County clean is not someone else’s responsibility.

Every day our rural roads are littered with beer cans and fast food debris. Clarke is a gem of a county, and our collective goal should be to make it sparkle. We all need to do what we can.

The Litter Committee meets on the third Tuesday of every month to discuss the best ways to Clarke clean. Find the calendar of government meetings at www.clarkecounty.gov. If you want to participate in any way, contact the Litter Committee at (540) 955-5132 or 
litterfree@clarkecounty.gov.

Pitch in to Clean Clarke on April 15

The Clarke County Litter Committee hosts its next boat ramp cleanup beginning at 9 a.m. Saturday, April 15. Volunteers will start at Castlemans Ferry (under Va. 7), then go to Lockes Landing (Rt. 621), and then Berrys Ferry (under U.S. 50). The Litter Committee recommends young volunteers be at least 10-years old, but parents must decide if their children should work along roadways. All volunteers must sign waiver forms in advance. Go to www.clarkecounty.gov/government/boards-commissions/litter-committee.

Volunteers who help with two Litter Committee clean up events this year will receive a free cargo net for pickup trucks. Cargo nets help prevent trash and other items from flying out of the truck and littering our roads. 

Contact the committee at litterfree@clarkecounty.gov with questions, to sign up, and/or to submit a completed waiver. Details will be sent upon registration, including a rain date if necessary.