Monday, April 12, 2004

Councilman’s Business With Town Creates Legal Conflict, Lawyer Says
Attorney Charges That $357,961 Paid By SoBo To Elliott Electric Since 1996 Violates Conflict Of Interest Act

A South Boston attorney is accusing Town Manager Terry A. "Ted" Daniel of a "violation of state and local laws" for allowing Elliott Electric Service to provide services to the town while the company's vice-president is a sitting Council member.

Daniel is denying any wrong-doing on the part of the town.

"Pursuant to the Virginia Freedom of Information Act, I requested (Daniel) to furnish me the town's payment history to Elliott Electric Service, Inc. from 1996 through February, 2004," attorney Bill Greer wrote in a letter to the editor.

Councilman Chris Elliott is vice-president of Elliott
Electric Service.

Greer said that Daniel, who also serves as South Boston's purchasing agent, furnished the following payment records in response to his request:

• 1996 - $22,140.

• 1997 - $18,528.

• 1998 - $13,102.

• 1999 - $29,310.

• 2000 - $48,960.

• 2001 - $148,634.

• 2002 - $40,952.

• 2003 - $31,307.

Through February of 2004, South Boston had paid the company $5,024.

The payments to Elliott Electric Service between 1996 and February, 2004 total $357,961, according to Greer.

The attorney claims the payments are a violation of the State and Local Government Conflict of Interest Act.

"No elected official of any governmental agency of state government shall have a personal interest in a contract with the governmental agency of which he is an officer other than his own contract of employment," the code reads in part.

"The General Assembly, recognizing that our system of representative government is dependent in part upon (1) citizen legislative members representing fully the public in the legislative process and (2) its citizens maintaining the highest trust in their public officers and employees, finds and declares that the citizens are entitled to be assured that the judgement of public officers and employees will be guided by a law that defines and prohibits inappropriate conflicts and requires disclosure of economic interests.
"To that end and for the purpose of establishing a single body of law applicable to all state and local government officers and employees on the subject of conflict of interests, the General Assembly enacts this State and Local Government Conflict of Interests Act so that the standards of conduct for such officers and employees may be uniform throughout the Commonwealth," according to Virginia Code, Chapter 31, 2.2-3100.

Contacted yesterday, Daniel said he was aware of Greer's letter but doesn't believe Elliott is in violation of Virginia Code.

"I read the letter he sent and my response is that I don't agree with him or think he's correct," the town manager said. "He's entitled to his opinion and I can say I don't agree with what he's saying."

Daniel said that Elliott had consulted with the office of the Commonwealth's Attorney and doesn't feel there is any conflict of interest.

Virginia Code section 2.2-3110 offers the following exception from the Conflict of Interest Act that would pertain to Elliott, but would apply only if Elliott or a member of his immediate family doesn't participate in the company receiving a contract from the town.

Virginia Code defines immediate family as (1) a spouse or (2) any other person residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent.

"An officer or employee whose sole personal interest in a contract with the governmental agency is by reason of income from the contracting firm or governmental agency in excess of $10,000 per year, provided the officer or employee or a member of his immediate family does not participate and has no authority to participate in the procurement or letting of such contract on behalf of the contracting firm and the officer or employee either does not have authority to participate in the procurement or letting of the contract on behalf of his governmental agency or he disqualifies himself as a matter of public record and does not participate on behalf of his governmental agency in negotiating the contract or in approving the contract."

On several issues recently, Elliott has abstained from votes that involve his company.

"Councilman Elliott is not the only offender," Greer said. "All of our elected officials were aware or ought to have been aware of the violation of state and local laws completely ignored by Town Manager and Purchasing Agent Terry Daniel.

"Shouldn't the Mayor and the Council be accountable to the people who elect them?"

Efforts to contact Elliott Sunday afternoon for comment on the charges were unsucessful.

Two More Mobile Units At HCMS?
South Boston Town Council Sets Four Public Hearings For Tonight’s Meeting

One of four public hearings on the South Boston Town Council agenda could mean two additional mobile units at Halifax County Middle School.

The application for a special use permit to allow the additional units will be addressed when council convenes for its regular monthly meeting tonight at 7 p.m. in Council Chambers on Yancey Street.

If approved, the middle school will have a total of 14 mobile units.

During the March 29 work session, Town Planner Lee Pambid told the Current Issues Committee that the planning staff recommended approving the additional units.

Pambid said the town's Planning Commission recommendation was contingent on a five-year sunset on the permit after a three-year review for need and overall student population.

The two units will be located in the parking lot of the vocational building and each unit will be divided into two classrooms, according to a letter written by school system Special Projects Manager Dan Chmiel.

Chmiel said the need for the units is based on a larger than normal class of eighth-grade students that "must be accommodated."

If approved during tonight's meeting, the mobile units will be installed over summer break.

A second public hearing will be held on a special use permit application from the Halifax Educational Foundation to allow a freestanding sign at the Southern Virginia Higher Education Center.

During the earlier work session on the issue, Pambid told the Current Issues Committee that planning staff recommended approval of the application.
According to the application, the permit will give the HEF permission to install a ground mounted sign on the southeast corner of the property overlooking U.S. 501.

Architectural renderings of the sign indicate it will be eight feet high with 140' of curved marquee surface. The letters on the sign will each be 2'4" tall.

A third public hearing is set for tonight on a proposed amendment to the town's zoning ordinance that will allow auction galleries in B-3 and AR (adaptive reuse) districts.

The issue arose after Dr. Lewis Johnston approached Council during the February meeting asking for permission for Brenda Couch and Jerry Throckmorton to hold auctions in a portion of the South Boston Venture Center at the former Gathering Spot location.

Johnston had originally asked for a special variance to allow two auctions per month in the location.

During the earlier meeting, Johnston told Council that Couch and Throckmorton had been conducting two auctions at the location in the past, unaware a zoning change was needed.

Pambid told the committee during the March 29 meeting that he had been allowing the pair to conduct one auction per month "provided they donate to a non-profit organization as the ordinance stipulates."

Council will also hold a public hearing on the town's participation in the Halifax Trails Program.

Carol Corker, with the Southside Planning District Commission, told the committee that the proposed bicycle and pedestrian trails are designed to highlight the county's historic and natural assets.

The trails will include a network of both on and off-road paths.

"We're looking at The Prizery, the railbed west from Riverstone and Berry Hill and the Dan River East trail following the easements to Staunton River State Park," Corker said.

Several of the easements currently held by the town provide connection points to the Town of Halifax, she added.

Pambid told the committee that within the town, the emphasis for the program is placed on cross-town connections utilizing Edmunds Street as the east/west routes and Main Street as the north/south routes.

"Several other routes would split off from these primary routes," he said.
"The North Main Street corridor was the primary north/south access and would connect downtown and centerville, but would allow you to connect to various points of interest like the boat ramp and Berry Hill," Pambid added.

The planner said the bike plan serves a dual purpose of transportation and recreation.

During the March meeting, Pambid told committee members that the town's Planning Commission recommended approval of the plan.

SoBo Main Street Resolution

Council is also expected to approve a resolution supporting Destination Downtown's application to be included in Virginia's Main Street Program.

During last month's work session, Destination Downtown President David Martin told committee members that inclusion in the program could mean significant increases in the number of jobs for the town.

Martin said that for communities included in the program over the past 11 years, the average numbers of businesses opening in Main Street districts is 169, with an average of 411 jobs created.

But inclusion in the program won't come without cost to the South Boston taxpayer.

Town Manager Ted Daniel told the committee earlier that the resolution stipulates that the town "guarantees that it will be a financial partner with the Main Street organization for five years."

While no dollar amount is quoted in the resolution, Daniel told the committee during the earlier meeting that town staff recommends an annual contribution of $50,000 during the period.

"We looked at the hiring of a Main Street Manager and administrative staff and giving them the seed money to get them started," the town manager said.

"We felt it ($50,000) would be a reasonable amount to get them up and going."

If approved by Council, the funds will be included as an economic development line item in the budget, Daniel said.

Council is also expected to take action on a new set of policies and procedures for the placement of civic club signs on the town's gateway at Constitution Square.

During the February 2 work session, an application by the John M. Jordan Camp of the Sons of Confederate Veterans to place a sign at the gateway resulted in the policy review.

After addressing the issue with town staff, Daniel offered the following recommendations:

• Applications to install signs at the site will be made through the town's Department of Community Development.

• In order to participate in the program, the organization must be non-profit, hold regular meetings within the corporate limits of the town, provide a sign approved by the Sign Review Committee and maintain the sign in good condition.

Daniel said the Sign Review Committee, a part of Destination Downtown, will then offer a recommendation to Council for approval before the sign is installed.

Council will also take action on a conceptual agreement to waive solid waste disposal fees for removal of fire damage debris from the former JPS building.
If approved, the waiver will be contingent on jobs created.

Following a request by the owners of the building, members of the town's Finance Committee agreed during the March work session that Councilmen Tom Raab and Coleman Speece represent the town on the issue.

During a joint meeting with the towns earlier this month, Halifax County Supervisor Doug Bowman suggested that the waiver could result in jobs being created at the site it would be appropriate.

Town and county public works staff have estimated a total tonnage of debris to be removed as a result of the fire at 1,115 tons.

South Boston is estimated to receive approximately $10,428 in tipping fees from the site.

Council is also expected to take action on a proposal from Halifax Regional Hospital to refinance their revenue bonds.

Because the hospital is located within town limits, Town Finance Director Vandie Saunders said the move required Council approval.

Two appointments are also on Council's agenda for tonight's meeting.

Charles Phillips is expected to be appointed to another two-year term on the Improvement Council and South Boston Police Chief Mick Reed is expected to be appointed to fill the vacancy on the VASAP Board of Directors created by the resignation of former police chief Jim Hall.

Teenagers Remain At Duke Following Thursday Accident
One Listed In Critical Condition; Passenger ‘Doing As Well As Can Be Expected’ Following Surgery

Two Halifax teenagers injured in a single-vehicle accident Thursday morning on Route 704 remained hospitalized at Duke Medical Center yesterday.

Justin Mark Wilkerson, 18, of South Boston, is listed in critical but stable condition with a head injury, a partially collapsed lung and a broken leg, a family member said yesterday.

Kayla N. Martin, 16, underwent surgery Saturday for a broken pelvis, Mrs. William Martin, her grandmother, said Sunday.

"She is doing as well as can be expected," said Mrs. Martin.
The 16-year-old suffered a fractured shoulder, a broken pelvis and gashes on her side, her grandmother said.

Wilkerson and Martin were ejected from the 2004 Acura RSX during the approximately 8 a.m. accident on Route 704, according to Virginia State Trooper S.M. Krantz.

The trooper said the vehicle ran off of the left shoulder of the road, was overcorrected and ran off the left shoulder once again, striking the ditch line and flipping numerous times.

On Sunday, both families were hopeful, and both family spokesmen said everyone in the community had been very supportive, especially the young people.

Comets Back On Track With Win
Jeremy Jeffress’ Three-Hitter And A Key Three-RBIi Hit By Chris Perkins Helped Lift The Comets To A 5-0 Road Win Friday Night

By JOE CHANDLER | G-V Staff Writer

If there was any question as to how well Halifax County would rebound from Wednesday’s setback against the highly talented team from Garden City, N.Y., it was answered Friday night in a resounding manner.

With hurler Jeremy Jeffress spinning a three-hitter and Chris Perkins delivering a three-RBI double in the top of the sixth inning to seal the contest, the Comets won a big road game, blanking defending Group AA state champion Amherst County 5-0.

Friday night’s win lifted the Comets’ record to 7-1 overall and 1-0 in Western Valley District play with a non-district home game against Park View here Thursday as the team’s only contest this week.

With Jeffress fanning seven Amherst County batters and limiting the Lancers to just three hits while scattering three walks, the door was left open for the Comets’ offense to take over.

The Comets had seven hits in the game with Perkins getting two hits and four RBIs and Jason Lloyd chipping in two hits and stealing two bases.

Halifax County also got a hit from Robert Carter, Brent Long and Nathan Thomas in the game.

Halifax County jumped on top early, picking up two runs in the top of the first inning to grab an early 2-0 lead.

Lloyd walked with two out, moved to second base on a wild pitch and scored on a single by Long. Long stole second base and scored on a long single by Perkins to put the Comets up 2-0.

The Comets managed to get a runner on base in both the third and fourth innings but were unable to plate a run. Lloyd reached base in the top of the third inning with a two-out single. Thomas reached base with a two-out double in the top of the fourth inning, moved to third base on a passed ball but was left stranded there.

Halifax County’s big fifth inning started with a one-out single from Carter. Lloyd singled with two out to put two runners on base and Long walked to load the sacks. Perkins stepped up and delivered the three-run double on a long ball that was just shy of homer.

Perkins’ three-run delivery put the Comets up 5-0 and gave Halifax County a good working cushion for the rest of the contest.

The Comets threatened to score again in the top of the seventh inning when Justin Armistead walked and Lloyd came up with his second hit of the game. However, the Lancers managed to squelch that bid.

On the other side of the ledger, the Comets retired the Lancers in order through the first three innings. Amherst County came up with a one-out single in the bottom of the third inning but the Comets got out of the inning quickly with a double play by Armistead, the second baseman, who made a nifty play by getting the unassisted forceout at second base and firing the ball over to Perkins at first base in time to nab the batter.

The Lancers came up with a single to start the bottom of the fourth inning but were unable to advance the runner past second base.

Amherst threatened to score in the bottom of the fifth inning, getting a leadoff single and a walk from Jeffress to put two runners on base with no out.

Jeffress battled back to fan the next two batters he faced before giving up another walk to load the bases. The Comets’ hurler got himself out of the jam by fanning the next batter he faced for the final out to end the inning.

The host club got a runner on the sacks in the bottom of the sixth inning on a two-out walk from Jeffress and got another runner on base in the bottom of the seventh inning on an error with two out.

Amherst County never advanced a runner past second base in either inning as the Comets held on to record the shutout.

Obituaries

Arnie Lee Davis Jr.

Arnie Lee Davis Jr., 66, of Nathalie, died Friday, April 9, at Lynchburg General Hospital.

He was born in Pittsylvania County on January 20, 1938, the son of Arnie Lee Davis Sr. and Beatrice Oakes Davis and was married to Betty Pittmon Davis.
He was a member of First Baptist Church Republican Grove.

Mr. Davis is survived by his wife, three daughters, Donna Wazeka and husband Donald of Clover, Bonnie Hamlett and husband Scott of Volens and Connie Deaner and husband John of Brookneal, two sons, Arnie Lee Davis III and wife Kim of Lynchburg and Cleve Davis and wive Angela of South Boston, four sisters, Effie Millner of Lynchburg, Mildred Eanes of Danville, Carolyn Waller of Nathalie and Christine Moore of North Carolina, three brothers, the Rev. Harper Davis of Halifax, David Davis of Nathalie and Charles Davis of Florida, 13 grandchildren and one great-grandchild.

Funeral services were held Sunday, April 11, at First Baptist Church Republican Grove with the Rev. Shelton Miles officiating. Burial took place in the church cemetery.

Those wishing to give memorials are asked to consider the First Baptist Church Republican Grove Building Fund.

Ora Mae Jackson Doran

Ora Mae Jackson Doran, 74, of Halifax, died Thursday, April 8, at Halifax Regional Hospital.

Mrs. Doran was born in Rhode Island on January 9, 1930, and was a member of New Zion Baptist Church.

She is survived by the very devoted Elijah Edmonds Sr. of Bridgeport, Conn., seven daughters, Lori Belton of South Boston, Pamula Davis of Halifax, Loretta Edmonds, Tanya Edmonds and Tshmona Cooper, all of Bridgeport, Conn., Cynthia Hicks of East Haven, Conn., and Wanda Simmons of New Haven, Conn., five sons, James Doran, Willie Daley and Elijah Edmonds Jr., all of Bridgeport, Conn., Richard Doran of Hollis, N.H., and Theodore Doran of Bronx, N.Y., two sisters, Patricia Ross and Eileen Jackson, both of New Haven, Conn., two brothers, Milton Jackson Sr., of New Haven, Conn., and William Jackson of Bridgeport, Conn., four step-children, Barbara Edmonds Foster and Samuel A. Younger, both of Halifax, Bobby B. Edmonds of Fairfax and Stephen E. Edmonds of Bridgeport, Conn., 24 grandchildren, several great-grandchildren, one daughter-in-law and a host of cousins, other relatives and friends.

Mrs. Doran was preceded in death by one son, Melvin Smith, and one brother, Oling Jackson Jr.

Funeral services will be held Monday, April 12, at 2 p.m. at the Chapel of Crawford House with the Rev. Willie N. Yancey officiating. Burial will take place Wednesday, April 14, at Park Cemetery in Bridgeport, Conn.

The family will receive friends at the home of Lori Belton, 302 McKinney Street, South Boston.

Harry Byrd Elliott

Harry Byrd Elliott, 75, of 2093 Virgie Cole Road, South Boston died April 8 at his home.

Mr. Elliott was born in Halifax County on May 31, 1928, the son of Buddy Otha Elliott and Melissa Elliott and was married to Clara Bowen Elliott. He was a member of Hitesburg Baptist Church, was a truck driver for A.E Morris, and was talented with musical instruments.

Survivors include his wife; three stepdaughters, Gail Bowen Puryear and her husband, Grayson, Scottie Bowen Francisco and husband, Bryant, all of South Boston, and Clara Leigh Ambrosia and husband, Joseph, of Stuart, Fla.; one stepson, Ottis Lee Bowen III and wife, Anita, of Nathalie; one sister, Alice Elliott Moore and husband, Richard of Danville; two brothers, James Patrick ‘J.P.’ Elliott of Oxford, N.C., and Briggs O. Elliott of Alexandria; and 10 step-grandchildren.

Other than his parents, Mr. Elliott was preceded in death by a sister, Lucille E. Tuck and a brother, Ralph C. Elliott.

A funeral service was held April 10 at 2 p.m. at Brooks Funeral Home Chapel with the Rev. Don Davidson officiating. Burial followed in Halifax Memorial Gardens.

Those wishing to give memorials are asked to consider Halifax Regional Hospice, 2204 Wilborn Avenue, South Boston, 24592.