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Colonial Beach • Westmoreland
Page 12 Volume 38, Number 24
Black mold found in CB Town Hall Linda Farneth At the June 9 Colonial Beach Town Council work session, Town Manger Val Foulds revealed that air quality tests confirmed three types of mold present in Town Hall, one of which is commonly referred to as “black mold”. Foulds also discussed safety concerns and other repair issues during the work session. Foulds informed Council that based on an inspection by an environmental specialist, the Town received a report on Friday afternoon, June 6, stating that the air quality was positive for three types of mold, including black mold. Foulds also said, “I received the lab reports on air quality with an estimate for mitigation and remediation of an 800-sq.ft area. The cost is estimated at $48,010; this does not include restoration, and they also stressed it does not cover additional mold that may be found after the building is opened up.” Foulds received the lab reports at approximately 3: p.m. on Friday; at 3:05 p.m., she then contacted Town Attorney Andrea Erard via email with a copy of the lab report. Foulds said the two
discussed the matter, and she provided Erard with a snapshot of what had been occurring and followed up with additional documents to help Erard understand the scope of the issue. Foulds said at 3:10 p.m., she contacted a VML (Virginia Municipal League) insurance representative, who recommended Foulds speak immediately with VML’s Industrial Hygienist. Foulds provided a report to the hygienist with a report on one employee who is currently out of work with a doctor’s note stating she is suffering from some environmentally-related issues. VML informed Foulds that there are some grants available for these types of issues; however, the maximum amount is $4,000. Foulds said at 4:15 p.m., she called both the Mayor and Vice Mayor to come to Town Hall to apprise them of the situation. At 5:54 p.m., Dextor Monroe called to advise Foulds that a staff person from the Health Department would be meeting with him on Saturday morning to obtain copies of the lab reports. The Health Department indicated they would send copies to the DEQ (Department of Environmental Quality).
Foulds updated the rest of Council at 9:07 p.m. on Friday evening. Foulds said that an official from VML, Beth Rosenthal, has asked Foulds to remove two employees who are experiencing the most symptoms,from the area. Foulds said there is one HVAC system that serves the entire building, which shows evidence of fungus inside the unit. “So, we cannot work in the building.” The issues in Town Hall are not new; after several named storms dumped large amounts of rain on the Town of Colonial Beach in August 2011, Town Hall has been dealing with a leaky roof, loose window casings and poor air quality ever since. In a memo dated August 8, 2011, Foulds informed the sitting Council of several issues in Town Hall that existed and needed addressing “for a very long time.” In the fall of 2012, issues with the air conditioning became evident due to a long stretch of record-breaking heat. During a service call by Puller Heating and A/C, the HVAC was deemed
Budget motion passed needs interpretation Linda Farneth At a packed budget work session held on June 9, Pete Bone, Council’s Point of Contact for budget matters motioned to temporarily fund both the Town and School for the first quarter of fiscal year 2014-15. However, although a vote of 4 to 3, in favor of the motion was obtained, no other official action was taken on the budget as of the close of the Monday meeting. Bone’s interpretation is slightly different from Town Attorney Andrea Erard’s, and the question remains; Did the council actually take official action on the budget at the Monday work session? The meeting was originally scheduled and advertised as a budget work session, to begin at 10 am on Monday, June 6, at the Town meeting room. However, the school system was conducting a field trip for students from grades K - 12 to coincide with training in SOL’s regarding History and Social Studies, as well as standards for Civics and Economics. The attendance of students and many school supporters
resulted in the meeting room being packed beyond capacity, so the council moved the budget portion of the meeting to the high school auditorium where students, parents and meeting attendees filled the bleachers on one side of the Drifter Dome. Pete Bone explained his motion during a post-meeting interview. He said the motion puts the current budget work on hold and carries the current fiscal year’s (2013-14) budget over into this year, calling it a “continuing resolution”. The Town has already advertised a budget amount for the fiscal year 2014-15. Bone said that because the amount advertised for the ‘14-‘15 budget is higher than the current ‘13-‘14 year budget, the council can safely carry over the current year’s budget. With the motion giving a directive to only appropriate funds for the first quarter, this amounts to a limitation on how much the town and school system can legally spend during the first three months of the fiscal year 2014-15 budget.
Bone said, “That gives us two things; one, hopefully we will have state and federal funding by then in there and know what those numbers are; and second, they need to take us out of there.” Bone explained that he would like to see the Town Manager, School Superintendent and both Financial Officers from the Town, and the School work out a budget; and come back to the School Board and Council with a number of how much they really need and a recommendation. Bone said, “It’s gonna take some give and take on both sides; then, we look at what tax rate that requires.” Town Attorney Andrea Erard explained in a phone interview that by voting on the motion at the Monday budget work session, the council, “Articulated their guiding principals for action for the upcoming Thursday meeting.” Erard explained that the council’s job it to approve a budget. Once that has been done, they must appropriate the funds in order for the funds to be See ACTION?, page 5
Virginia Court of Appeals overturns Crouch felony convictions Richard Leggitt The Virginia Court of Appeals has overturned a King George Circuit Court jury’s five felony convictions of Robert Crouch for obtaining money by false pretenses and dismissed the charges against him. “Words cannot describe my profound disappointment in this decision,” said King George Commonwealth’s Attorney Keri Gusmann. Crouch, 48, was convicted in March of last year of defrauding customers of the former Meadow Brooke Memorial Gardens Cemetery in King George. In addition to the five counts overturned by the Court of Appeals, he was also convicted on nine counts of failure to deposit in the proper trust account. After the convictions, Circuit Court Judge Martin Bass sentenced Crouch to five years in prison, ordered him to pay $35,000 in fines and make restitution of almost $85,000 to his victims. The Court of Appeals order does not affect the nine convictions for failing to deposit in a perpetual trust account, but reduces the fines to $22,500. The remaining $12,500 in fines, the 60-month prison sentence and the order to pay restitution have been
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vacated by the Court of Appeals. And, Crouch, who has been held in the Nottoway Correctional Facility will be released from prison, although he still faces possible charges in Spotsylvania County in connection with similar felony charges there in 2010. In obtaining the Crouch convictions, Commonwealth’s Attorney Gusmann told the jury Crouch “stole from people who were at their most vulnerable point” and she presented over 40 pieces of evidence and 35 witnesses to persuade the jury to vote for the 14 guilty verdicts. One of the trial witnesses was cemetery victim Doris Gohring, who tearfully testified about the impact that Crouch’s fraud had on her and her family. “In 12 years of prosecuting cases professionally, the hardest call I ever had to make was to Doris Goring,” Gusmann said, after the Court of Appeals decision was handed down. In his appeal of the five convictions for obtaining money by false pretenses, Crouch, through his attorney, claimed at the trial that the Commonwealth had failed to prove he was guilty of the charges since the funds involved were in a preneed trust account that was owned
by Stonecrest Financial, which was managed and owned by Crouch. The Court of Appeals held that “the money paid into Stonecrest’s account is money that belonged to the corporation. The money was not held in a pre-need trust on behalf of the purchaser and there was no person or entity other than Stonecrest that had an equitable interest in it.” “Simply put,” the Court of Appeals ruled, “Stonecrest did not obtain money by a false pretense because it already had ownership of the money.” The opinion notes the fact that Crouch personally removed cash during the transactions. Unfortunately, the Court of Appeals gave no explanation as to why that didn’t violate the law. The Crouch case is no longer being handled by the King George County Commonwealth’s Attorney’s Office. Once the appeal was granted, it was taken over by the Virginia Attorney General’s Office. “I have urged the Assistant Attorney General that handled the matter to note an appeal on behalf of the citizens of the Commonwealth.” said Gusmann. “If this opinion stands, I urge all concerned citizens to contact our local legislators to pass a new law that covers this despicable act.”
See mold, page 5
A bang-up CB River Festival
See more pictures from the Colonial Beach Potomac River Festival from last weekend on page 5.
Artists are the talk of the town at Montross’ 1st Friday Art Walk Richard Leggitt Melanie Stimmell of Los Angeles and Anat Ronen of Houston were the talk of the town at the First Friday Art Walk in Montross last weekend to the delight of hundreds of admirers as they put the finishing touches to four large murals they have worked on for the Greater Montross Partnership for Revitalization. The two women were still working during the Art Walk, completing a mural on the side of Carol Chandler’s Carrot Cottage to join those previously done over the past 10 days on the side of the Westmoreland Museum and Bridget’s Bouquets. The artists also brought back to life the 1950s Coca Cola mural on the old Northern Neck Ginger Ale Building. But they patiently put down their brushes whenever a local resident or tourist appeared, and happily answered questions and expressed their appreciation for comments. “A lot of what we do is usually temporary,” said Stimmell. “But this is like a scrapbook and there is something really special about getting to know this town and its people.” “We are doing something to help them keep their identity and their pride,” said Ronen. “Whether it is a message or just there to be pretty, it gives us pleasure to bring something positive to the brick or concrete.” The two women have been working together since 2010 when they were on a street art project in Houston. “We do a few projects a year together,” said Ronen, who is originally from Israel. Both women have families at home and sons that they miss when they are traveling. They were recruited for the Montross project by Holly Harman, the prominent local artist, who along with her husband, Terry Cosgrove, owns the popular Art of Coffee and arranged the evening’s wine and music reception. Harman and Cosgrove have long been leaders of the revitalization effort in Montross and now are beginning to see the results of their long, but heartfelt efforts. Hundreds of people showed up for the Friday event to visit a wine garden on the Courthouse Square hosted by the Hague Winery and to listen to live music by the Blackstrong String Band.
Visiting citizens and tourists admired the new murals painted by artists Melanie Stimmell and Anat Ronen during the First Friday Art Walk in Montross last Friday.
Painter Edward Headley proudly displayed samples of his work for First Friday Art Walk patrons. Headley took up painting after driving a school bus for 26 years. Well known local craftsman William Jenkins had more than a dozen of his exquisite handmade Locust Farm Windsor chairs available for inspection in the new portion of the Westmoreland Museum. And artist Edward Headley, who drove a school bus for 26 years before taking up painting, had his oil scenes of Northern Neck beaches and waterfronts displayed at Eagles Catch Antiques. Local students performed for the crowds as visitors viewed works by various artists on display at the Art of Coffee, Eagles Catch, the Carrot Cottage, The Westmoreland Museum and the Inn at Montross. “There are still are a lot of giddy people walking
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around town,” Becky Nelson, coowner of Eagles Catch Antiques and coordinator of Montross First Saturday Market Days said on Saturday. “The feelings of hope and joy for the town of Montross are bouncing off of the fresh paint on the murals. There is a positive spirit that permeates the village,” Nelson said. “The artists themselves shared with us that in their nationwide and worldwide travels they have never felt so embraced by a community as they have in Montross!”