Friday, February 4, 2005

2nd Suit Lodged To Halt Erection Of 911 Tower

Town Resident Claims Town Violated Zoning Ordinance During Permitting Process

A Halifax resident has filed suit in Halifax County Circuit Court to stop construction on the E-911 tower planned for the Mary Bethune Complex.
Frank Lovelace, a Ballou Trail resident who lives approximately 250 feet from the tower site, filed his “bill of complaint to enjoin and prevent the construction of the communications tower” claiming the structure violates the Town of Halifax zoning ordinance and the procedures used to obtain a building permit was improper.
Contacted yesterday,Lovelace’s attorney Bryan Selz said he mailed the suit yesterday morning.
This is the second suit filed to halt the construction of the tower.
Halifax County Circuit Court Judge Leslie M. Osborn dismissed a suit on November 23, 2004, filed against the Halifax County Board of Supervisors and the Halifax Town Council seeking to halt the tower’s construction.
Halifax resident Frank Carr, who serves on the Town of Halifax Planning Commission, filed the first motion seeking to stop the erection of the tower on August 9, claiming that public hearings held by the town on a permit request were conducted more than 21 days after notices of the hearings were published.
Selz contends the tower is being constructed in an R-2 residential district.
“The provisions of the town zoning ordinance do not permit a communications tower in an R-2 zone to exceed 35 feet in height.
“Construction of a communications tower as contemplated by and authorized by the permit is a violation of the town zoning ordinance and any such approval or authorization thereof by the town or its agents is outside the bounds of the authority of such agents and the town," the complaint reads. “Such permit being issued in violation of the town zoning ordinance is void or voidable and as such should be set aside, rescinded, vacated and struck down."
“We filed an appeal (to the Board of Zoning Appeals) claiming the permit shouldn’t have been approved in reference to the zoning where the tower is located," Selz said yesterday.
Halifax Town Manager Carl Espy agreed the tower is being located in an R-2 zone, but said he didn’t feel the suit has merit.
County Administrator Bryan Foster said he believes the county took all the proper steps in the permitting process.
“As far as I know, the county has followed all the proper procedures and are proceeding with the construction of the tower," he said. “Having not seen the suit, I don’t feel comfortable addressing specific issues claimed in the suit."
Selz claims residents affected by the location of the tower weren’t aware the permit for the tower had been approved until construction was set to begin.
“The plaintiff had no actual knowledge of the approval and issuance of the permit until January 28," he wrote in the complaint. “The property upon which the plaintiff resides is approximately 250 feet from the property upon which the communications tower is to be constructed.
“As the tower may be nearly 200 feet in height, (Lovelace) is within a zone of danger should the tower collapse, fall or be driven by high winds in his direction.
“The tower would be an eyesore to the plaintiff, viewed from his yard, windows and doors on a constant basis and, if (Lovelace) is to be required to endure such a tower as a neighbor, then the tower’s owner should in equity be required to abide by and comply with the laws, statutes and ordinances applicable to its location and construction," Selz continued.
Lovelace’s attorney also claims the Halifax Board of Zoning Appeals (BZA) did not act on whether the permit was issued properly. Lovelace filed an appeal with the BZA on January 31.
“If the decision of the town by its agents in approving the permit under the zoning ordinance took place on January 13, and is thus appealable under the zoning ordinance to the (BZA) by the timely filing of the appeal to that Board, then such may be the proper course," the motion reads. “If the decision of the town by its agents in approving the permit under the zoning ordinance more than 30 days prior to January 31, (as has been the contention of the town and county in other litigation), then this bill is the proper and permitted procedure to challenge that action and to prevent and restrain the county… from violating the zoning ordinance…"
Foster said yesterday that, barring a judge’s ruling halting the project, construction on the tower will continue.

Car Tax Cranks Up, ‘Rolls Back’

BY Bob Lewis
THE ASSOCIATED PRESS

RICHMOND, Va. (AP) — The phaseout of the tax cities and counties levy on cars, frozen in place by the state budget crisis three years ago and capped last year, would be back on track under legislation on its way to a House floor vote.
The budget-writing House Appropriations Committee without debate Wednesday evening voted 12-7 to endorse a measure that would wipe out by 2012 the remaining 30 percent of the hated car tax still in force today.
Del. Scott Lingamfelter’s bill comes just before campaigns begin for all 100 House seats, up for election this fall. It also joins a $938 million transportation package being advanced by leaders of the House’s Republican majority.
‘‘This will put the car tax repeal back on a predictable and realistic schedule,’’ Lingamfelter, R-Prince William, told the committee.
The panel also voted 22-1 to report to the full House a bill by the committee chairman, Del. Vincent F. Callahan Jr., R-Fairfax County, that designates one-third of the state tax on insurance premiums to a fund exclusively for transportation projects.
Callahan’s bill prohibits legislators from withdrawing money from the fund during tight fiscal times for use elsewhere in the budget.
The key vote, however, was to advance the car tax rollback, even though it is unlikely to survive beyond the House. Democratic Gov. Mark R. Warner as well as the Senate’s ruling Republican moderates and allied Democrats call it a political gambit that risks returning Virginia to the sort of fiscal instability that contributed to budget deficits totaling $6 billion since 2001.
‘‘It is disappointing that some would move ahead to saddle future budgets with election-year promises based on unsustainable revenues,’’ said Kevin Hall, the governor’s deputy press secretary. ‘‘It is ironic that this occurs the very same week that Virginia was ranked tops in the nation for its return to responsible long-range planning.’’
Virginia was the only state to receive all A grades for its fiscal and administrative management in a yearlong study by the independent, nonpartisan Government Performance Project. The results were published this week in Governing magazine. The report blamed the car tax cut for ‘‘opening a $1 billion budget shortfall’’ and called it ‘‘politically popular but fiscally unsound.’’
In 1997, the campaign pledge to end the car tax vaulted Republican Jim Gilmore into the governor’s office. The next year, a slim Democratic legislative majority enacted a five-year phaseout of the tax on personal cars and pickup trucks that value up to $20,000. The law obligates the state to reimburse localities for their lost car tax revenue, creating a yearly spending obligation that now totals $911 million a year.
The program was frozen in place in 2002 after an ebbing economy left state tax collections short of budgeted expenditures. Last year, faced with a threat by one of Wall Street’s three top bond rating agencies to downgrade Virginia’s perfect borrowing rating for the first time, lawmakers capped reimbursements to localities at $950 million a year.
If the cap remains in place through 2012, Lingamfelter said, inflation and the rising value of automobiles will effectively erode the 70 percent of the car tax already rolled back to 50 percent.
Lingamfelter’s bill contains a series of ‘‘triggers’’ that would again halt the car tax phaseout when revenue collections don’t meet budgeted projections.

Harris Arrested Thursday

Riverdale Man Arrested When He Went To Pick Up Paycheck

A man being sought by police in connection with the murder of a Cluster Springs woman was taken in for questioning yesterday as he went to pick up his paycheck, Maj. R.S.B. Pulliam of the Halifax County Sheriff’s Office said.
Police were waiting when Jesse James Harris, 43, of Riverdale, went to Dollar General around mid-morning, according to police.
Pulliam said that investigators began questioning Harris, and a capias was issued shortly before 4:30 p.m. yesterday.
Shortly after 5:15 p.m., Roxboro investigators, who had been in Halifax during the questioning, went to secure murder warrants on Harris, according to Halifax County deputies.
Halifax County investigators worked with officers of the Roxboro Police Department in investigating the death of Barbara Jean Cunningham, aka Barbara Link, 53, of Huell Matthews Highway.
An unidentified body, later identified as Cunningham, was discovered at the Days Inn in Roxboro at approximately 10:15 a.m. Sunday by Roxboro police officers.
The officers were called to the scene by motel workers who reportedly discovered the body lying next to the bed in room 117, according to the Roxboro Courier-Times.
Shortly after the discovering the body, Roxboro officers contacted investigators with the Halifax County Sheriff’s Office for assistance in identifying the remains and searching for suspects.
Harris will be held in the Halifax Regional Jail without bond as a fugitive from justice pending extradition to Person County, Pulliam said.

 

Suelene Vaughan Averett

Suelene Vaughan Averett, 91, of 4239 Cemetery Road, Virgilina died February 1 at Halifax Regional Hospital.
Mrs. Averett was born in Granville County, N.C., the daughter of the late Otha and Mary Stewart Vaughan, and was the wife of the late Walter Thomas Averett. She was retired from Collins & Aikman Corporation and was the oldest member of Florence Avenue Baptist Church.
Survivors include one daughter, Dorothy Bagbey and husband, Cephus, of Nelson; one son, Thomas Averett and wife, Patricia, of Louisburg, N.C.; two sisters, Curtis Lowery of Roxboro, N.C. and Christine Walker of Jacksonville, Fla.; five grandchildren, Rhonda Satterfield, Mark Averett, Sherry Riddle, Susan Denny, and Vickie Nelson; three great-grandchildren, W.T. Satterfield, Melissa Nelson and Samantha Nelson; and one great-great-grandchild, Christopher Lucy. Mrs. Averett was also preceded in death by a brother, Clinton Vaughan.
Funeral services will be held at 2 p.m. today, February 4, at Florence Avenue Baptist Church. The Revs. Sean McKenzie and Leslie Puryear will officiate. Burial will follow in Virgilina Cemetery.
The family will receive friends from noon until service time today at the church.
Those wishing to give memorials are asked to consider the Building Fund of Florence Avenue Baptist, P.O. Box 162, Virgilina, 24598.

Maitland Barksdale

Maitland Barksdale, 98, of Alexandria died February 2.
Mrs. Barksdale was married to the late Dr. Edwin E. Barksdale.
Her survivors include two granddaughters, Susan P. Repole and husband, Warren, of Vienna, and Anne P. Richardson and husband, Vincent, of Alexandria; one great-granddaughter, Gina M. Repole of Alexandria; and a sister, Reva Harris of Madison.
Graveside services for Mrs. Barksdale will be held at the Barksdale Family Cemetery in Sutherlin tomorrow, February 5, at 2 p.m. with the Rev. Randy Williams officiating.
Those wishing to give memorials are asked to consider a charity of choice.

Beverly Reid Bowman

Beverly Reid Bowman, 69, of Athens, Ga., formerly of Petersburg, died February 2.
She was the daughter of the late Lester I. and Mary Batts Bowman, and was a school teacher.
Survivors include a brother, Douglas V. Bowman of South Boston; a sister, Anne B. Erickson of Boca Raton, Fla.; and a nephew, Matthew Todd Bowman of Richmond.
A memorial service for Ms. Bowman is planned for later in February in Athens.
Those wishing to give memorials are asked to consider VistaCare Hospice, 767 Oglethorpe Avenue, Athens, 30606, or St. Gregory The Great Episcopal Church, 3195 Barnett Shoals Road, Athens, 30605.
A private burial will be in Petersburg.

Dewey Overton Owen

Dewey Overton Owen, 100, of 3211 Volens Road, Nathalie died January 31 at Halifax Regional Hospital.
Mr. Owen was born in Halifax County on January 12, 1905, the son of the late John Overton Owen and Kate Palmer Owen and was married to the late Aileen West Owen. He was a member of Hunting Creek Baptist Church.
Survivors include one daughter, Mary Thomas Owen White and husband, William J. White Sr., of Scottsburg; one son, John Overton Owen of Nathalie; one brother, Howard Watkins Owen of Crystal Hill; five grandchildren, William Joseph White Jr. of Scottsburg, John Christopher Owen of Kernersville, N.C., David Ashley Owen of Thailand, Michael James Owen of Glendora, Calif., and Stacie Jolene Owen of Wilmington, N.C.; two great-grandchildren, Christina Nicole Owen and Melissa Marie Owen, both of Wilmington.
Other than his wife and parents, Mr. Owen was preceded in death by four sisters, Alma Owen Martin, Pearl Owen Martin, Suzanna Owen Anderson and Jessie Owen Haney.
Funeral services will be held tomorrow, February 5, at 2 p.m. at Hunting Creek Baptist Church with the Revs. Tony Sisk and Lee Roy Davis officiating. Burial will follow in the church cemetery.
The family will receive friends this evening, February 4, from 7:00 until 8:30 at Powell Funeral Home, and other times at the home.

Tommie Henry Wade Sr.

Tommie Henry Wade Sr., 86, of 1174 Red Level Church Road, Scottsburg died February 2 at his home.
Mr. Wade was born May 26, 1918, the son of Addie Wade and Ida Mae Lacks Wade and was married to the late Dorothy Evelyn Lacks Wade.
Survivors include two children, Lucy Mae Wade Berkley, Tommie Henry Wade Jr. and his wife, Barbara, all of Clover; 11 grandchildren, Jon Paul Berkley, Sonja Berkley, Charity Dyer, Joshua Wade, Caleb Wade, Nicole Scarberry, Matthew Wade, crystal Clary, Hope Wade, Daniel wade and Tommie Henry Wade III; 17 great-grandchildren; six sisters-in-law, Ruth N. Wade, Bessie and Stover Lacks, Bertha Womack, Frances King, and Sallie Mae Lacks; one brother-in-law, Berkley Lacks; and his special nurse, Annie Traynham.
Mr. Wade was also preceded in death by a sister, Mary W. Duffey; and two brothers, Larnie and Roy Wade.
The family will receive friends at Brooks Funeral Home tonight, February 4, from 7:00 until 8:30, and other times at the home.
Funeral services for Mr. Wade will be held at Brooks Funeral Home Chapel tomorrow, February 5, at 2 p.m. with burial to follow in Red Level Independent Church of God Cemetery.
Those wishing to give memorials are asked to consider your favorite charity.

Barbara Jean Link Cunningham

Barbara Jean Link Cunningham, 53, of 1068 Carrington Trail, Alton died in Roxboro, N.C.
Mrs. Cunningham was born on April 26, 1951, the daughter of Henry Link and Nannie Murphy Link and was a member of Mayo Grove Baptist Church.
Survivors include her daughter, Valincia Cunningham of Durham, N.C.; one son, Marcus Link of Alton; her parents; two sisters, Bonnie Carrington and Deloris Green, both of South Boston; four brothers, Barry Link of Durham, Willie Link, Michael Link and David Link, all of Alton; three grandchildren; and one daughter-in-law, Thelma Link.
Memorial services for Mrs. Cunningham will be held tomorrow, February 5, at 1 p.m. at the Crawford House Chapel in Halifax with the Rev. Lawrence Wilkerson officiating.
The family is receiving friends at the home.

 

Comets Face FC In Pivotal Rematch

HCHS Faces A Rematch With District Leader Franklin County Tonight As It Continues Its Quest For Second Place In The District

BY Joe Chandler
G-V STAFF WRITER

With first place in the district standings out of reach, the Halifax County High School varsity boys cagers will continue their quest for the runner-up spot tonight in a rematch with district leader Franklin County in Rocky Mount.
Tonight’s road contest against the Eagles is a big one for the Comets.
For one thing, the Comets need a win in order to continue to have a shot at second place in the district standings and a shot at landing a home game in the first round of the district tournament.
Secondly, Franklin County stole a 61-60 win over the Comets when the two teams locked horns here on January 7. That, and the fact that the Comets and Eagles have had some great battles over the course of the past few seasons makes tonight’s rematch a big game for both teams.
“It’s big not because it’s Franklin County, it’s big because it’s a Western Valley District basketball game,” said Comets head coach Garrett Dillard.
“Being at Franklin County and being the way we lost to them here, makes it a little more special and a little more exciting to want to go up there and win. They took one (win) away from us here and our goal is to take one back from them.
“They’re anticipating a good game and we’re anticipating a good game,” added Dillard.
“ I expect these two good high school basketball teams to come out and fight for it.”
Halifax County will enter tonight’s contest with a 10-9 overall slate and a 3-3 record in Western Valley District play. The Comets, with three district losses are tied with Patrick Henry for third place with both teams being one game behind second-place GW.
A win over Franklin County tonight will keep the Comets within a game of second-place GW . The Comets will face GW here a week from tonight with a win over GW propelling the Comets into a tie for second place.
Franklin County enters tonight’s contest against the Comets with a two-game lead in the district standings and an opportunity to all but guarantee itself the regular-season title and a berth in the Northwest Region Tournament.
After tonight’s game against the Comets, the Eagles will then have a road game against E.C. Glass next Tuesday and a road game against Patrick Henry next Thursday.
GW will face E.C. Glass tonight in Danville and Halifax County a week from tonight. Patrick Henry has a home date against E.C. Glass a week from Friday.
The Comets let two games slip away from them – the first meeting with Franklin County here and the first meeting with Patrick Henry in Roanoke where the Comets saw an 18-point lead slip away and lost the game on a last-second shot.
Those two games are games that the Comets would love to have back. A win in even one of those games would allow the Comets to be in a better position entering tonight’s game. However, there is no really getting a win back.
“Have you ever lost a $100 bill?" Dillard asked.
“No matter what happens when you get your next paycheck, you still miss that $100 bill. You can’t get a loss back. You can learn from it, but you can’t get it back, especially this late in the year when it’s so tight between us, GW and PH. We’re all right there together fighting for that second-place position.
“We can still get it," added Dillard, “but we have to play good basketball and some other things will have to happen in our favor."
Dillard said Franklin County will be “up" for tonight’s contest.
“They are pretty much assured that they are going to win the district unless some crazy stuff happens down the stretch," Dillard pointed out.
“ It would take three losses for them not to win it and they have three district games left."
The Comets coach said Franklin County may play a little differently tonight than it did when they faced the Comets earlier this season.
“They’re not playing to win the district," Dillard remarked.
“ They’re playing to try to have a perfect season. It’s a little different. If you’re playing trying to win the district, I think you play a little different than you do if you’re playing to try to have a perfect record."
Dillard says he plans to have his Comets team to come out and play the way it did in winning Tuesday night’s district contest here against Patrick Henry. The Comets did a solid job of finishing the game and closing out the win over the Patriots, something they have had trouble doing at times this season.
The Comets coach says if his team plays the way it did Tuesday and does a good job in closing out the game down the stretch, it is very possible to have a positive outcome.
“If we had played them (Franklin County) the way we played PH tonight when it got to the point where we had the lead, I think it’s a different outcome," Dillard pointed out after Tuesday night’s game.
“Tonight, we didn’t turn the ball over. Against Franklin County, we turned the ball over and didn’t make free throws."
Dillard said he does not plan to have his team play Franklin County much differently than it did when the two teams met here in January.
“I don’t think you do a whole lot differently because you might out-coach yourself," said Dillard.
“ We’re going to look at film and see what we need to do. Any subtle adjustments we need to make, we’ll make them before the game. We’ll look at making any major adjustments during the game."

Solid Finish Gives Comets Key Win

HCHS Kept Its Bid For Second Place In The District Standings Alive With A 66-61 Win Over Patrick Henry Tuesday Night

BY Joe Chandler
G-V STAFF WRITER

Success often revolves around how well a team finishes a game.
The Halifax County High School varsity boys cagers came up with their best finish of the season here Tuesday night and a key 66-61 win over Patrick Henry.
“This is the best job we’ve done finishing out a game,” noted Comets coach Garrett Dillard.
“I really liked the fact that we didn’t jack up a couple of bad shots down the stretch. I liked the fact that we realized we had the lead, swung the ball around and made sure that the guys that needed the basketball got to the basketball.”
The way the Comets closed out this contest was a stark contrast to the multitude of miscues they generated in blowing a double-digit halftime lead and losing a three-point 62-59 decision to PH when they squared off earlier in the season in Roanoke.
Halifax County led 53-47 after reserve post player Reggie Scott completed a three-point play to open the scoring the in the fourth quarter. Later, sporting a two-point lead, Jeremy Jeffress, canned a 3-pointer with 4:09 to play, to put the Comets up by five points.
A quick spurt that came on a 15-foot jumper from Derek Brooks and two free throws from Quintin Brown extended the Comets’ lead to a game-high seven points at 60-53 with 2:31 left in the contest.
At another key juncture of the game, with the Comets leading by two points, Scott muscled up a shot from under the basket, got the field goal and a was fouled. He canned the free throw to give the Comets a 63-58 edge with 1:36 to play.
From there, the Comets connected on three of six attempts from the charity stripe in the final 48 seconds to cap the win.
“We did the right things down the stretch,” Dillard pointed out.
“ The right guys were in the right place. Most of the time we made two free throws and a couple of times we only made one. But, at least we were making them and they were in a situation where we were shooting two (free throws) giving us a chance to make the second shot.”
Tuesday night’s win over Patrick Henry was a crucial victory for the Comets who are battling to get a shot at second place in the regular-season Western Valley District standings and trying to secure a minimum of a third-place finish.
The victory lifted the Comets into a tie for third place with Patrick Henry with two district games remaining, a road game tonight against district leader Franklin County and a home game a week from tonight against GW, which currently holds down second place by a one-game margin.
“It puts us in a position where we can look at contending for second place,” explained Dillard.
“We have two (district) games left. We’re one game down to GW. If we go and beat Franklin County, it will come down to GW and us the last week (of the season). If you win, you’re in second and, if you lose, they’re in second.”
Halifax County had a good scoring balance with four players hitting double figures. Craig McCargo, who was honored prior to the start of the game for setting a new Halifax County High School career scoring record, led the team with 14 points. Jeremy Jeffress, Quintin Brown and Derek Brooks each had 11 points.
Scott chipped in nine points, Chase Weddle, who had a big defensive effort with seven blocked shots, scored four points and Clyde Brooks and Marcus Coleman scored three points each.
The game, as expected, was a close one throughout.
Patrick Henry jumped to an early 5-0 lead and finished the first quarter with a 13-8 advantage.
A 9-0 run by the Comets to start the second quarter fueled by five points from Brown, three points from Derek Brooks and a layup from Jeffress put the Comets up 18-13 with 6:05 left in the first half.
PH rallied with a 7-0 run midway through the quarter to reclaim the lead at 21-19. The lead swapped hands three more times before the half ended with the Comets on top 32-19.
Halifax County led the entire third quarter. The Comets led by as many as seven points when McCargo hit a layup with 3:51 to play but saw PH rally to make it a two-point game at 49-47 at the end of the quarter.
The Comets extended their lead to as many as seven points in the fourth quarter before the Patriots, with a 3-point shot from Dan Deck, pulled to within two points with two minutes to play and made the contest a tussle down the stretch.
“This is Western Valley District basketball late in the year, fighting for positioning at its best,” said Dillard.
“This is what it’s all about. PH wouldn’t die and we did everything we could do to put them away.”