Supes take action to protect county land use

In a marathon supervisors' meeting Monday night, the Board approved several subdivision amendments and called for further study on other land use issues
The action came following a public hearing at the Mary Bethune Complex in Halifax.
Ultimately, supervisors, on a 5 to 3 vote, approved a motion offered by James Edmunds, chairman of the Land Use Task Force, featuring a two-acre minimum lot size with 200 feet minimum road frontage, less than a former five-acre, 500-feet proposal.
Also approved was a 40-acre minimum agricultural parcel without subdivision agent approval of an exception.
Private roads are allowed.
Three new members, developers Reed Edwards and Wayne Stevens, as well as Halifax County Community Action Housing Director Fred Betts, were named to the Task Force to offer divergent views on land use.
Edmunds also told the Board the task force would be addressing setbacks, private roads, scenic byways and other land use issues at future hearings.
"We never intended to do away with private roads," Edmunds told the crowd.
But the task force chairman was adamant in urging the Board to take action.
Since the subdivision proposals were referred back to the task force by supervisors for 30-day additional study, there has been a 400 percent increase in the number of plats filed, according to Jerry Lovelace, assistant county administrator.
"A dozen preliminary plats versus three to four usually," said Lovelace.
"I suggest if you don't want to have regrets, you do something now," warned Edmunds. "If not, you could have a flood of properties platted."
Supervisor Lottie Nunn, who offered a second to Edmunds' motion, agreed that land use needed additional study, but stood with Edmunds in protecting the community during additional study.
Voting in favor of the Edmunds' motion were Supervisors Nunn, Tom West, David Martin and C.W. Rorrer.
Supervisor William Fitzgerald, who had offered a substitute motion to refer the matter back to the task force for further study, drew support from Supervisors R.E. "Dickie" Abbott and Ronnie Vaughan.
At least 16 speakers addressed the land use issue during the lengthy public hearing.
Attorney W.W. "Ted" Bennett, saying he represented a number of real estate brokers, developers and himself, called for additional task force members.
The Halifax attorney also suggested a 100-foot setback, adding that would "do wonders" for the pastoral setting of the county.
Bennett applauded the restoration of the private road piece and urged action to make sure people were aware of what they were buying through regulations and enforcement. He urged continued study by the task force with new members.
Several residents addressed the proliferation of manufactured housing crowded into small lot areas.
Joe Bailey III told the Board there was a problem in his community and asked supervisors for protection.
"There are four trailers" on a small plot, he told supervisors. "And there is no skirting for some. It makes the area look bad," he said, charging the effect lowers property values.
"The county needs to protect residents," said Bailey.
Pat Wingler said that she had no problem with private roads or lot sizes. "My question is how many individual homes is allowed on a small parcel of land?"
She said that she was not against low-income housing, but that she hadn't heard the issue addressed. "It should be stated one home for that lot size."
"This is planning for tomorrow, not today," Scott Morris, Industrial Development Authority director, said of the task force's purpose.
The IDA director supported land use development controls which, he said, could encourage options for affordable housing.
Morris said that the county has roughly the same population it did in 1900, but noted the significant land subdivided on road fronts.
Boston Homes owner Allen Stevens said, "We have to have affordable housing." He also said his housing contains underpinning and homes are on acre lots or larger, except in one-family subdivisions.
Stevens suggested a family subdivision could be the basis of other close housing development.
Reed Edwards advocated private roads for efficient access and to blend into the landscape. He also called for full disclosure of road maintenance, supported 20-acre agricultural tracts and called for the task force to address flag lots.
Concerns about affordable housing for low income residents if amendments requiring larger lot sizes passed was addressed by William Coleman, Halifax County Community Action Agency director, and its housing director Fred Betts.
Coleman told Board members that low income, disadvantaged citizens "constitute a large part of the county's population."
He said he could not substitute the need for aesthetic value when so many are living in sub-standard housing.
Coleman also charged that block grants received from the government made certain assurances that the county would promote housing for low income families.
"The grants came in on the backs of the poor," said Coleman, urging supervisors to take up "the moral obligation" to help the poor.
"You cannot leave a significant number behind in the name of economic development," he said.
Betts advocated one-acre lots with 60-foot frontage to allow affordable housing.
Decrying the ability of low income clients to move from rental property to owning homes, Betts said, "There doesn't seem to be too much being done about housing for low income clients."
He suggested "our efforts here may be a little less than that of neighboring counties."
Jack Dunavant and Thomas Hudson were among those asking the task force to address the setback issue.
Dunavant also sought protection via task force proposals for the community as studies continue.
Marvin Barker told the Board he was concerned about land values if proposals were passed.
Task Force
Land Development Task Force members include Edmunds, Larry Layman, Matt Gray, Linda Faye Wallace, Carl Espy, J. Hudson Reese, James "Jim" Davis, Clark Graves, Ray Owen, Lee Pambid. Added to the Task Force on Monday night were Reed Edwards, Wayne Stevens and Fred Betts.

Ward: Hudson waiver at issue

Yesterday morning, Judge William Wellons issued a delay in the execution of the sentencing order for James Bryant Hudson until May 12, according to Commonwealth's Attorney John Greenbacker.
Hudson was sentenced to death for the murder of three members of the Cole family by Judge Leslie M. Osborn on April 17.
At that time, the judge set Hudson's execution date as October 28, 2003.
Following his February 7 trial, Hudson was convicted of one count of capital murder, one count of first-degree murder and two counts of the use of a firearm in the commission of murder.
Hudson's attorney, Public Defender Buddy Ward, requested late Monday a stay of execution of the sentencing order until his client's competency can be evaluated, according to court records.
Commonwealth's Attorney John Greenbacker said yesterday that this decision "has the potential for a great deal of mischief.
"I'm worried that they (the Public Defender's office) will expand the scope of these hearings and perhaps file more motions," Greenbacker said.
"The problem here is that Wellons, because Osborn is out of the country, entered the order staying the execution of the sentencing order until the twelfth when Osborn is supposed to come back.
"It's postponing the time frame," the Commonwealth's Attorney said.
By law, Osborn's sentencing order must be vacated by the Halifax County Circuit Court judge within 21 days of sentencing in order for the court to hear any further motions by the defense on May 12, Greenbacker said.
After 21 days, the issue becomes final and the issue goes to a higher court.
"What they've done is set it aside and put it down for the 12th, then the judge would have to issue a new order and possibly set a new execution date," Greenbacker added.
Regardless of the delay, he added that his office was more concerned about the impact on the family of the victims.
"This kind of uncertainty can only serve to put the family through more of a wringer," Greenbacker said. "I'm not questioning the good faith of what the defense is doing, but I think the circumstances are atrocious."
Ward filed the Notice and Motion for Continuance late Monday in Halifax County Circuit Court.
The defender said that Hudson's decision to waive his right to an appeal of the death sentence imposed on him required the court evaluate him further for "competency to make this decision."
He cited an earlier case in his brief and feels that similar circumstances exist in the Hudson case.
"Although the death sentence would be reviewed automatically... the defendant was entitled to waive his right to request a discretionary appeal," Ward writes. "However, the court (the Virginia Supreme Court in the earlier ruling) also noted that they must be satisfied that the defendant was competent to make such a decision and ordered the matter returned to the trial court for a determination whether (the defendant's) decision not to appeal was made voluntarily and intelligently.
"Since it is likely that the Supreme Court will return the case to the trial court for a psychological evaluation and a factual determination that Mr. Hudson's decision to waive his appeal was made competently, the wiser course would be to delay execution of this sentence until that can be accomplished," Ward argued.
But Greenbacker disagreed.
"I'm not convinced that procedurally they couldn't make their waiver at the supreme court," he said. "His (Ward's) argument was that this would be the quickest way of resolving the matter. The notion that this is something that has to be done down here is not necessarily correct."
The Commonwealth's Attorney also question the defense's use of Hudson's mental state at this stage.
"His competency was never an issue during the plea and sentencing hearings, nor was it raised pre-trial," he said. "His client waived his right to an appeal. Now they're looking at whether he (Hudson) was mentally competent to do so. My recollection is that the matter was addressed."

Gluhareff responds to Sysco Foods suit

Acting on behalf of his client Bob Gluhareff, Halifax attorney W.W. "Ted" Bennett on Monday issued a blanket denial in the form of a Grounds of Defense filing on charges that Wellspring Academy owes Sysco Foods $26,746.09.
Sysco has sued The Religious and Educational Institute of Raleigh, Inc., trading as Wellspring Academy, of which it claims Gluhareff is the sole proprietor.
Gluhareff admits only that the food company has "made demand for payment upon Institute," and that the "Institute has failed and refused to pay Plaintiff (Sysco) said money or any part thereof."
The two-count Motion For Judgement, filed in Halifax County Circuit Court on April 11, charges that Wellspring Academy not only owes the money, but that Gluhareff as sole proprietor personally guaranteed the account.
In his defense, Gluhareff says that not only has he not operated the Institute as sole proprietor, but that his guarantee on the application for a customer account is unenforceable "because the same by its very terms and conditions is onerous and unconscionable."
According to court documents, the food service provider delivered food to the school from approximately May 3, 2002 through July 16, 2003. The suit demands payment to include "interest on account up until the first day of March, 2003."

SoBo Police recover stolen truck

South Boston Police are seeking information on a stolen 1984 GMC pickup truck discovered submerged in the waters of Staunton River State Park last weekend.
Police Investigator T.M. VanAernem said the blue and white pickup truck was pulled from the Staunton River Saturday evening.
The owner of the truck, Ronnie Pulliam, of Wren Street in South Boston, reported the truck stolen April 13, according to police.
VanAernem said the keys were in the vehicle and the doors left unlocked at the time of the theft.
He added that there were no suspects in the theft at this time but that the investigation was continuing.
Anyone with information on the theft is asked to call Crimestoppers at (434) 575-TIPS (8477).
Accidents Mar Weekend
Six accidents marred the weekend on Halifax County roads, with four injured in a single-vehicle accident Friday evening, according to the Virginia State Police.
That accident occurred about 8 p.m. on Route 660, one mile west of Route 662, when a 2,000 Oldsmobile ran off the right side of the road, struck an embankment, overturned and came to rest on its roof, according to Trooper L.J. Testerman.
Testerman reported that the driver of the vehicle, 52-year-old Calvin Glass of Danville, was injured in the crash along with three passengers, 45-year-old Michael Wayne Gunn, 53-year-old Wonell Williams and 43-year-old Stanley Glass.
Both Calvin and Stanley Glass were treated and released from Halifax Regional Hospital following the accident.
Testerman estimated $10,000 damage to the vehicle and charged Calvin Glass with DUI.
· A single-vehicle accident early Sunday morning resulted in charges leveled against a Brookneal man, according to Trooper L.J. Testerman.
Testerman reported that the accident occurred around 3 a.m. on Route 58, one-tenth of a mile west of Route 501, when a 1992 Chevrolet Blazer driven by 22-year-old Juan Gomez Martinez of Brookneal ran off the right side of the road.
The vehicle struck a highway sign followed by a utility pole, the Trooper continued, with estimated damages of $50 to the sign and $1,000 to the pole.
Testerman charged Martinez with reckless driving.
· A single-vehicle accident early Sunday morning resulted in charges lodged against a 54-year-old South Boston man.
Trooper Testerman said the accident occurred about 12:02 a.m. on Route 682, one mile west of Route 659, when a 2001 Nissan pickup driven by John Henry Jones Jr. ran off the left side of the road and struck some trees.
Testerman estimated $1,000 damage to the truck and charged Jones with DUI.
· Trooper T.A. Elder filed no charges after a two-vehicle mishap Friday evening on Route 501, one and one-tenth of a mile south of Route 685.
Elder reported that the accident occurred when a 1976 Chevrolet pickup driven by Jessie T. LaPrade, 57, of Brookneal, stopped to make a left turn into a driveway.
A 1987 Mazda pickup driven by Conald L. Fisher, 43, of Nathalie came up, couldn't stop and sideswiped LaPrade's car.
Neither driver was reported injured in the accident, with both vehicles sustaining an estimated $1,000 damage, according to Elder.
· A 1998 Mercury minivan, the driver unknown, ran off the side of Route 58, two miles east of Route 656 about 2:30 a.m. Sunday morning, and overturned, according to police.
Trooper L.J. Testerman estimated $8,000 damage to the van and filed no charges.
· Another accident involving an unknown driver was reported by Testerman, this time occurring Saturday, about 7:40 p.m. on route 96, at its intersections with routes 896 and 887.
Testerman said that a 1994 Chevrolet sustained an estimated $3,000 in damage when it ran off the right side of the road, with the driver overcorrecting.
The van then ran off the left side of the road, struck an embankment, overturned and came to rest on its top, according to Testerman, who filed no charges.

County anglers land top prize in tourney

A pair of Halifax County anglers netted the top prizes last weekend in Brookneal's 16th Annual Striped Bass Fishing Tournament.
Scottsburg resident Jerry Conner Jr. netted a $2,000 prize for catching the largest striped bass.
Conner's striped bass weighed in at 14 pounds and 12 ounces.
This year a catfish tournament also was held simultaneously with the striped bass tournament.
Wayne Walker of South Boston won $1,000 first prize for his 60 pound catfish.
Cash prizes totaling $5,000 were given away to seven lucky anglers during the tournament.
Sponsored by the Brookneal Dixie Youth Baseball League, the tournament was open to all anglers interested in competing for the $5,000 in cash prizes which were donated by area merchants and businesses.
Second place in the striped bass tournament went to Richard Rowland of Gretna for his 14 pound, 8 ounce catch.
L. H. Mason of Brookneal won third place with his 14 pound, 8 ounce catch.
The fourth place winner was Randy Rowland of Gretna who caught a 12 pound 9 ounce striped bass, and the fifth place winner was Dean Bruce of Gladys who caught a 12 pound, 7 ounce striper.
The sixth place winner was Robin Wilson of Lynchburg who caught a 12 pound 6 ounce striper, and seventh place went to Bruce Dunn of Saxe for his 12 pound 5 ounce catch.
Second place was worth $1,250, third place netted $750, fourth place was worth $500, fifth place was worth $250, the sixth-place winner took home $150; and seventh place was worth $100.
In the catfish tournament, Jack Mann of Saxe was the runner-up to Walker. He received $500 for his 40 pound 11 ounce catfish catch.
The third-place cash prize of $250 went to Henry Crews of Nathalie for his 37 pound 3 ounce catfish.
At the conclusion of the tournament Sunday afternoon, cash awards were awarded to these winners on the entertainment stage.
This year, as in previous tournaments, fishing for the contest was limited to the area between Leesville Dam and the intersection of Difficult Creek and the Staunton River.
Entertainment for the 16th Annual Brookneal Striped Bass Tournament was provided at the riverfront by the Epperson Brothers, and catfish dinners were served at the riverfront Saturday evening.

Obituaries

Sam Garrett

Sam Garrett died May 1 at Penanclar Medical Center in Queens, NY.
Mr. Garrett was born June 26, 1935, to the late Milton and Phoebe Smith Garrett. He was a member of Ellis Creek Baptist Church, and was married to the late Calpertia Faulkner Garrett.
Survivors include one daughter, Jineen Forbes of Queens; six sisters, Eliza Ragland and Connie Carrington, both of Clover, Maria Bradley of Canta, FL, Nannie Canada of Bronx, NY, Pearl Miller of Nathalie and Phoebe Jennings of South Boston; seven brothers, William Brown of Washington, DC, Milton Garrett and Edward Garrett, both of Bronx, George Garrett of South Boston, William Garrett of Clover, Saint Clair Garrett of Woodbridge and Lester Garrett of Baltimore, MD. Mr. Garrett was preceded in death by two sisters, Estelle and Irene; and two brothers, Wilson and James.
A funeral service will be held tomorrow, May 8, at 10 a.m. with cremation to follow.

Mary Page Owen DeJarnette

Mary Page Owen DeJarnette, 84, of Martinsville, died May 5 at Beverly Health Care.
Mrs. DeJarnette was born in Halifax County on January 9, 1919, the daughter of Mason LeGrand Owen and Nannie Covington Owen and was married to Henry DeJarnette. She was a member of Crystal Hill Southern Baptist Church.
Survivors include two sisters, Elizabeth O. Gosney of Halifax and Velvet DeJarnette of Union Hall; one brother, Teddy G. Owen of Halifax; three nephews, Arthur and Daniel Owen and T. Fielding DeJarnette III; three nieces, Deborah O. Hall, Janet O. Henderson and Kathy L. DeJarnette; six great nieces and nephews. Mrs. DeJarnette was preceded in death by one brother, Earl Covington Owen Sr.; and one nephew, Earl Covington Owen Jr.
Graveside services will be held tomorrow, May 8, at 2 p.m. at Crystal Hill Southern Baptist Church.
The family will receive friends this evening from 7:00 until 8:00, at Brooks Funeral Home.
Those wishing to give memorials are asked to consider Crystal Hill Southern Baptist Church or your favorite charity.

Rachel Brewer Long

Rachel Brewer Long, 80, of Roxboro, NC, died May 5 at Person Memorial Hospital.
Born in Person County, NC, she was the daughter of the late John Maynard and Willie Smith Brewer and wife of the late Edwin Thomas Long Sr.
Mrs. Long attended King's Business College and retired as the Person County finance officer. She was a member of Lamberth Memorial Baptist Church.
Survivors include four children and their spouses, Edwin Thomas Long Jr. and Brenda, Melinda Sumner and Chuck, Marie L. Whitt and Hugh, and Jo Ann Taylor and Al, all of Roxboro; one sister, Harriett B. Wagstaff of Roxboro; eight grandchildren; two step-grandchildren; and seven great-grandchildren.
Funeral services for Mrs. Long will be held at 1 p.m. tomorrow, May 8, at Lamberth Memorial Baptist Church by the Revs. Jeff Raymond and Herman Absher. Burial will follow in Person Memorial Cemetery.
The family will receive friends this evening at Brooks & White Funeral Home from 6:30 until 8:30, and other times at the home.
Those wishing to give memorials are asked to consider Lamberth Memorial Baptist Church Building Fund, 1377 Robertson Rd., Roxboro, 27574, or Home Health and Hospice of Person County, 325 S. Morgan St., Roxboro, 27573.

Wayne Preston Jones Sr.

Wayne Preston Jones Sr., 47, of 217 Fairmont Apartments, South Boston, died May 2 at Halifax Regional Hospital.
Mr. Jones was born in Bronx, NY on April 5, 1956, the son of Fred Jones and Arlene Moorefield Jones Foy and was married to Carrie Chappell Jones. He was a member of Spanish Grove Baptist Church and was employed by O'Sullivan Industries.
Survivors include his wife; his mother; his stepfather, John Henry Foy; two daughters, Alexis Jones and Camillia Jones, both of South Boston; three sons, Antonio Jones, Michael Jones and Wayne P. Jones Jr., all of South Boston; five grandchildren; one sister, Diana McFarland of South Boston; two brothers, Anthony Jones of NC and Barry Jones of Scottsburg; one daughter-in-law, Shawanda Jones; a devoted niece, Scentique Tabor of South Boston. Mr. Jones was preceded in death by three brothers, Fred Jones Jr., Bernard Moorefield and Ronald Moorefield.
Funeral services for Mr. Jones will be held tomorrow, May 8, at 2 p.m. at Spanish Grove Baptist Church with the Rev. Ronnie Womack officiating. Burial will follow in the church cemetery.
The family will receive friends at the home.