Featured Archives - Page 7 of 21

Southgate Farm’s Forte On To Derby

May 2, 2023/in Featured /by vaobserver

By Cathy Kuehner

The odds-on favorite to win the 149th Kentucky Derby is a dark bay colt raised on a Clarke County farm. Forte won four of five races as a 2-year old and both his starts as a 3-year old; most recently the $1 million Florida Derby in April. In 2014, Amy Moore, who owns South Gate Farm in Millwood,

purchased a filly named Queen Caroline that won four stakes races and earned more than $400,000 before joining the South Gate broodmare band. Moore shipped Queen Caroline to Kentucky to be bred. Forte was born in February 2020, and Amy brought the foal and Queen Caroline back to Millwood, where the colt spent the remainder of his weanling year before going back to Kentucky for the 2020 fall sale at Keeneland.

The Kentucky Derby is the first leg of racing’s Triple Crown, and should Forte win the Preakness and Belmont stakes, too, he will be carrying on Clarke County’s long association with champion Thoroughbreds. In 1919, Sir Barton became the first-ever Triple Crown winner, and after his racing career he stood at stud at Audley Farm

in Berryville.

The “Triple Crown” title was formally proclaimed in 1950 by the Thoroughbred Racing Association, and was retroactively awarded to horses that previously won all three races. In almost 150 years, only 13 horses have won the Triple Crown: Sir Barton (1919), Gallant Fox (1930), Omaha (1935), War Admiral (1937), Whirlaway (1941), Count Fleet (1943), Assault (1946), Citation (1948), Secretariat (1973), Seattle Slew (1977), Affirmed (1978), American Pharoah (2015), and Justify (2018).

Allegheny Serviceberry Named Tree of the Year

May 2, 2023/in Featured /by vaobserver

Representatives from the State Arboretum of Virginia at Blandy Experimental Farm have named the Allegheny serviceberry (Amelanchier laevis) as the 2023 Tree of the Year. The Arboretum’s 2023 Tree of the Year was selected after deliberation by Curator T’ai Roulston and Blandy arborists. Since 2019, the State Arboretum of Virginia has designated one extraordinary species of tree as its Tree of the Year.

In honor of Arbor Day, “the nation’s tree planting holiday,” Blandy arborists and representatives from the Department of Forestry will plant an Allegheny Serviceberry tree at the Arboretum on Friday, April 28. The tree will be added to a tree and shrub collection that dates to the 1930s.

“A vital part of our mission is to practice and promote tree education, science, and conservation,” said Roulston. “Through research and public programming, we want to share with everyone of all ages how important trees are to the environment.”

Four-season Interest

The Allegheny serviceberry, found native in Virginia, was chosen for its four-season interest, according to Roulston. A small understory tree, it’s ideal for landscapes and grows to only 15-25 feet tall.

The Allegheny serviceberry is one of the first trees at the arboretum to flower each spring when the delicate masses of white, fragrant flowers appear in mid April. Small, dark purple berry-like fruit arrives in the summer. Also commonly known as juneberries, the edible berries attract pollinators and are a food source for native bees and more than 40 species of birds.

The fall foliage of the Allegheny serviceberry, when the leaves turn an orange-red color, is outstanding as well. The tree’s attractive gray bark lends structure to the winter garden.

Juneberries Serves as Food Source for Wildlife, Humans

Native Americans would dry juneberries, similar in size and taste to blueberries, and mix them with meat to create a high-energy snack called pemmican. Recipes for juneberry pies and jams are easy to find. If you want to eat the berries, though, you’d better be fast. Birds, squirrels, and other wildlife also enjoy the fruit.

How the Allegheny Serviceberry Gets Its Name

For settlers in the colder climates of North America, the blooming of the serviceberry was a sign that the ground was thawing. Graves could now be dug for loved ones who had died during the cold winter months and burial “services” could commence.

In some areas, the serviceberry is called shadbush or shadblow. The tree got this name because it blooms around the same time that shad return to their spawning grounds in freshwater rivers and streams. Common names also include smooth shadbush, juneberry and shadberry.

This is Blandy’s fifth pick for Tree of the Year. Past Trees of the Year include:

2022: American Sycamore (Platanus occidentalis)

2021: Pawpaw (Asimina triloba)

2020: Sassafras (Sassafras albidum)

2019: Eastern Redbud (Cercis canadensis)

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 allée. The Arboretum staff and many volunteers help to thoughtfully grow the collection each year by planting new and replacement trees.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 blandy.virginia.edu.

Clarke County Sheriff Tony Roper To Retire

May 2, 2023/in Featured /by vaobserver

By Cathy Kuehner

Clarke County Sheriff Anthony W. “Tony” Roper formally announced his forthcoming retirement during a brief event in front of Circuit Court on April 21. He first ran for sheriff — and was elected — in 2003, beginning his first term in January 2004. Clarke County voters elected him to his fifth four-year term in November 2019. His current term ends December 31.
Roper, 63, began his law enforcement career as a 911 dispatcher after graduating from Clarke County High School in 1978. He was a correctional officer when the county jail was located in the circa-1892 building that still serves as the
Sheriff’s Office.

He attended Bluefield College in Virginia, and graduated from the Virginia Forensic Science Academy, the executive-level law enforcement training from the FBI National Academy at Quantico. Later he graduated from the National Sheriff’s Institute in
Longmont, Colo.

Roper worked as a sheriff’s deputy in Loudoun County for a couple years before returning to the Clarke County Sheriff’s Office, where he became an investigator focused on narcotics cases. He is a founding member of the Northwest Virginia Regional Drug Task Force and the regional FBI Drugs and Violent Crime Task Force. He was working with the FBI on 9/11.
Why a career in law enforcement? Roper laughed. “As a teenager I watched a lot of television cop shows like ‘Starsky & Hutch’
and ‘Baretta.’’

Every Virginia county and city elects their sheriffs, who are responsible for upholding and enforcing all the laws of the state and
local governments.

Roper, a Democrat, has been elected five times to serve as Clarke County’s Sheriff. He considers getting the sheriff’s office accredited by the Virginia Law Enforcement Professional Standards Commission in November 2011 a major accomplishment.
Accreditation by the commission, affiliated with the Virginia Department of Criminal Justice Services, requires meeting a lengthy list of standards for best practices, from traffic enforcement, to criminal investigations, to the
budget process.

In 2016, Roper joined the state’s Criminal Justice Services Board, a 32-member group drawn from state and local governments, the private security industry, the General Assembly and public that serves as the Virginia Department of Criminal Justice Services
policy board.

Roper also serves the Virginia Alcohol Safety Action Program, an outgrowth of the National Highway Traffic Safety Administration; the Virginia Center for Policing Innovation, which addresses critical and emerging public safety issues; and the Northwestern Regional Jail Authority that governs the Northwestern Regional Adult Detention Center. Previously, and for many years, Roper served on the Virginia Sheriffs’ Institute Board and was its president for a term.

He expects to serve on some boards after he retires. “I have purpose, and I’m focused on the future,” he said.
Until he retires, Roper remains dedicated to serving Clarke residents and business owners as well as those who are visiting or simply driving through the county.

Roper sometimes jokes that he simply does not allow crime in Clarke County. The reality, he said, is that crime is here, and the challenges have not changed over the years: drugs, drunk driving, domestic violence, and property crimes. Roper said violent crimes are rare in Clarke, but traffic-related incidents and accidents
are constant.

“Human beings are going to be human beings,” he said, adding that he gives great thought to all possible worst-case scenarios.
Roper describes himself as forward thinking and hopeful by nature, but says he also worries about having the staff and resources to cover all of Clarke County. “I’m always asking myself, ‘Am I paying enough attention to all parts of
the county?’”

Roper oversees a staff of 40 employees — full-time and part-time deputies, 911 dispatchers, and an administrative assistant. There are 20 full-time “sworn” deputies, including Roper. “I know that when law enforcement is on scene, the people we speak with are under enormous stress,” Roper said. “So, we do our work with professionalism as well as compassion, and we let them know that no matter the situation, everything is going to be OK.”

During this time in particular, when law enforcement agencies across the country are under scrutiny, “I remind our deputies to go out into our community and find out how much they are appreciated,” Roper said.
He continued, “And, I can’t tell you how many people I’ve arrested over the years who have later thanked me for helping them to straighten out their lives.”
Clarke County’s first sheriff, George H. Norris, was appointed in 1836 after Clarke County (previously eastern Frederick County) was formed by the General Assembly, and a new government was established with courts and law enforcement. Many sheriffs were elected to multiple terms, including the three who served over the past 50 years: Albert Nicodemus (first elected in 1972), Dale Gardner (first elected in 1988), and Clarke County’s 25th sheriff, Tony Roper.

Roper and his wife Karen live in the Wildcat Hollow area of the county; they have three grown children and eight grandchildren. One son and a grandson are deputies with the Frederick County, Va., Sheriff’s Office.
As for 2024 and retirement, “I have no idea what’s next. My plan right now is to take a couple months and do nothing.”

Remembering Paul Neil Wilson

May 2, 2023/in Featured /by vaobserver

November 6, 1954 – April 4, 2023

Paul Neil Wilson, 68, of Boyce Virginia, passed away Tuesday, April 4th at the Blue Ridge Hospice Inpatient Care Center in Winchester, Virginia, after a brief and valiant fight against cancer.

Paul was born November 6, 1954, in Indianapolis, Indiana. He is survived by his wife of 37 years, Karyn Treble Wilson, his mother Barbara Wilson of Ashburn, Va., brothers Daniel Wilson (Elizabeth)) of Sewickley, Penna., and Ben Wilson of Denver, Colo., and many nieces and nephews who cherished their Uncle Paul. His father Lee Wilson
predeceased him.

Paul grew up in Corning, New York. He was a proud graduate of Virginia Tech University, where he earned his BS in Finance and Economics. Paul began his career in finance with Corning Inc., in Raleigh, North Carolina, where he advanced to management, overseeing the manufacture of resistors and capacitors. He ultimately made a successful career change into the sale of electronic hardware while continuing at Corning. Paul completed his career in the Washington, D.C., area working with companies focused on defense and the space program.

Family and friendship were at the core of Paul’s life, and he found his true partner in Karyn. After dating for six years, they married in 1985 and made their home in Fairfax. Longing for space in the countryside, they purchased a farm in Purcellville in 1999 and operated a thriving equestrian business. Paul was an avid fox hunter and a Master of Fox Hounds (MFH) for both the Fairfax Hunt in 2003 and the Loudoun Fairfax Hunt following a merger in 2011. After Paul retired as MFH in 2019, he and Karyn moved west to Boyce where they joined the Blue Ridge Hunt in 2020. They purchased their dream farm in prime hunt country in 2022.

Paul possessed a deep affinity for music. He was an accomplished guitarist. In his teenage years, he played guitar for the rock band Dakota in Corning from 1970 to 1974. The band quickly gained popularity with an extensive touring schedule that included playing as a back-up band for Blue Oyster Cult. Paul found refuge in music and played his guitar daily. He was often seen happily driving through the Virginia countryside in his 2017 Grand Sport Corvette, with his favorite music playing.

Paul never met a stranger, and his warm, affable demeanor made all who were fortunate enough to be around him feel as they were the most important person in the world. He delighted in his friendships, never took
himself too seriously, and was always a light in dark places for so many. His loss is enormous for those who knew him, but what joy there is in having had the privilege.

A memorial service will be held on Friday May 5 at 11am at Christ Church, 809 Bishop Meade Road, Millwood, Va., followed by a hunt country tailgate reception at their farm in Boyce. In lieu of flowers, the family has requested donations to Blue Ridge Hospice at brhhospice.org.

Eagle Project at Chet Hobert Park

May 2, 2023/in Featured /by vaobserver

Seventeen-year old Matthew Marsden of Berryville (center) has completed his Eagle Scout project at Chet Hobert Park. He and friends Evan Dyer and Gabriel Ignacio – all members of Boy Scout Troop 34 – installed five benches and built a raised planter in a garden area that honors the late Jay Hillerson. Hillerson, who died in August 2020, was a founding member of the Parks and Recreation Council (now Advisory Board) when it was formed in 1986. In March 2022, friends built a memorial garden near the Rotary Shelter. Trees were planted and a footpath was created. Thanks to Matthew, the garden now completes the vision for the garden. A Scout since the first grade, Matthew asked the Clarke County Parks and Recreation Department what it needed and then raised funds and donations for the project. The youngest of Patrick and Michele Marsden’s four sons – Eagle Scouts all – Matthew will attend the University of Alabama in the fall. PHOTO BY CLARKE COUNTY

Understanding Guardianship and Conservatorship And How to Avoid Them!

May 1, 2023/in Featured /by vaobserver

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

May 1, 2023/in Featured /by vaobserver

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

March 30, 2023/in Business, Featured /by vaobserver

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.