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Budget surplus funds Courthouse security positions & School Board 2013 shortfall Phyllis Cook The King George Board of Supervisors received preliminary audit results at last week’s meeting on Nov. 6, which estimated a surplus of $1,134,352 for the last fiscal year, 2012-13, which ended on June 30. Final audit numbers are expected to be provided to the board by the end of the calendar year. When the last previous budget projections were provided in June by Donita Harper, former director of finance, the county was projecting a surplus of about $500,000. Robyn Shugart, new director of finance, told Supervisors last week that the surplus came in higher than expected due to more revenues collected than estimated, combined with lower expenditures. The higher revenues may be due to conservative estimates projected. The lower expenditures are believed to be due to the tight rein kept
on the county budget by Travis Quesenberry, county administrator. Shugart’s 2012-13 year-end preliminary finance report also indicated a School Board budget shortfall estimated at $45,012. The previous shortfall amount had been estimated last June as being as high as $180,000 and was said to be due to a miscalculation of a new formula for figuring costs for the Virginia Retirement System. Supervisors had pledged to cover that School Board deficit and were pleased that the amount was much less than expected. The Board took unanimous action to appropriate that amount to the School Board’s 2013 budget to cover the projected shortfall to avoid categorical deficits within the division budget for the last fiscal year. SHERIFF’S DEPUTY POSITIONS FOR COURTHOUSE SECURITY The Board of Supervisors also
took action last week to provide funding of $60,200 for staffing two Sheriff ’s deputy positions. That amount will fund the positions for the second half of the fiscal year. The positions are needed to operate the equipment and perform security checks of those entering the county Courthouse by a new single entry point. The positions are expected to be staffed beginning in January. At that time, a single entry point will lead into a new screening area to be manned by deputies during office hours. That single public entry will be through an existing doorway at the westernmost back corner of the building. At the same time, all five other entry doors to the Courthouse will be locked, with entry allowed at selected exterior doors by Courthouse personnel by use of an electronic access control system.
Suit: County faulted for not having hearing From page 1 acts and omissions by the County have stifled PFI’s efforts to obtain the financing necessary to commence construction on the project.” Leming’s request for a hearing before the Board for Project FAITH to appeal the notice of default didn’t happen, due to an Oct. 7 response by County Attorney Eric Gregory who noted that the provision cited by Leming that allows for a hearing by the Board was not applicable. “Reversion” is the legal term used in the two guiding documents for the county to reclaim the parcel of land back if there is a default. The reversion section of the original Deed of Gift has two clauses. Clause A has to do with “failure to develop,” and is titled as such. Clause B is entitled “Failure to Use Property for the Purposes for which it is granted.” Only causes under clause B
appear to provide for a hearing and also for a 60-day grace period for the ability to “cure” reversion of the title of the parcel that was given to Project FAITH. The wording and language in clause B would not be expected to come into play at this point, since the property has not yet been put to any uses as contemplated by the two guiding legal documents. While the county’s legal filing contends that the commencement of construction deadline “is not subject to cure,” it also states that an extended deadline was provided by the county, adding that Project FAITH, “made no effort to cure following its receipt of the county’s default notice,” which was sent on Aug. 2. Clause A, as amended, consists of one of long sentence and appears below in its entirety. “All rights granted in this Deed shall cease and become null and void and Grantee’s interest along with all
improvements and appurtenances shall revert to County if Grantee fails to commence construction of the improvements in accordance with the terms of the Performance Agreement on or before August 1, 2013, provided, however that if such failure is due to events or circumstances beyond Grantee’s control, including, but not limited to fire, wind, storm, strike, unavailability of materials, acts of God orders of Federal, State or local governments or their agencies or their courts, the Property shall revert to the County.” DEMURRER Leming’s filing also contains a Demurrer, which alleges insufficiency of the facts alleged in the county’s original complaint that asked for rescission of the deed or for the Court to declare it null and void, with either resulting in reversion of the deed to the county.
KGHSSHOF: Athletic accomplishments From page 1 varsity football program to its first Junior Varsity Championship berth (against Caroline) and two postseason state football games. His accomplishments include three-year starter (kick returner, wide receiver, and defensive back); two-time AllDistrict kick returner, wide receiver and defensive back; First Team AllRegion kick returner, wide receiver, and defensive back; First Team AllState kick returner, wide receiver, and defensive back; First Team All-State wide receiver and kick returner; First Team All-Region kick returner, wide receiver, and defensive back; AllArea First Team as wide receiver and defensive back (two times); Team MVP; participated in the VHSCA All-Star Football Game; holds the school record of five receptions for 284 yards and four touchdowns. On the basketball courts of KGHS, Boxley was a four-year starter for the Foxes. He earned the following honors: Four-year starter, with years as team captain; First Team AllDistrict Point Guard; Second Team All-Regional; Co-MVP All-District; team MVP; First Team All-Area. Known as “the fastest man in the state” at the time, Boxley’s track & field honors included: State Champion, 55-meter indoor, and 100-meter outdoor; First Team All-District; First Team All-Region, First Team AllState, and First Team All-Area.
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Boxley achieved national recognition for his gridiron heroics at James Madison University (JMU). His significant contributions as a wide receiver for the JMU Dukes included: three-year starter; leading receiver in the 2004 National Championship 13-4 team; ESPN Top Ten Plays with a fingertip catch against William & Mary during the Regional Final. The 1969 KGHS boys’ basketball team helped set the standard for athletic and social excellence. They were the remnants of the consolidation of Ralph Bunche and KGHS. Their path to compiling the most victories (20-1) in school history happened during the era of civil rights reform. Former KGHS head basketball Coach Buddy Updike spoke proudly of his team’s contribution to society. “We drew tons of fans, both black and white, and our team got along well,” Updike said. “It was like segregation was never there— they bonded and melted together right away.” Updike utilized the talented pool of athletes that included notable legends such as Gary Butler, Jerome Owens, Harold Jefferson, and George Toliver to create the perfect storm. The storm was composed of three five-man squads. Forty-four years later, the following records remain unblemished: 95% winning percentage, best in school history; numerous offensive and defensive records that include the all-time rebounding record. “There were teams that I especially loved,” Updike said. The 4-11 team was an extremely hardworking bunch, and their success, as the 1970 state championship team. However, the team before the championship team, 1969, was as talented and hardworking a team that has ever been in the area.” After flying under the radar for two years as a rarely used reserve basketball player, Jerome Owens came out of nowhere to become a nightmare for area basketball rivals. As the tallest man, at sixfoot-three, on an undersized team, he was counted on to control the perimeter, while the shorter, quicker players controlled the middle. Rival cross-town former Colonial Beach basketball Coach and Athletic Director Wayne
Kennedy said, “Jerome was sort of a freak of nature. I don’t remember anybody that I can compare him to in the Northern Neck area. He was a one-man rebounding and scoring machine that could score in a variety of ways—inside 10 feet, he was unstoppable.” Along with being a two-time captain of the All-District Basketball team, he earned the following honors: First team All-District (twice); Honorable Mention AllState (junior year); All-Region (twice); All Tournament State Championship; co-captain of the 1970 State Championship team. His propensity to light up the scoreboard is legendary. During his junior year, he averaged 16.9 points per game, while ripping down 13.9 rebounds per game. He also set the state record with 54 points in one game while grabbing 25 rebounds versus Colonial Beach. John Lysher simply had the Midas Touch. Whether it was basketball, football, baseball, or track & field, he brought home the gold associated with winning. The 1979 KGHS graduate’s high school career included the following honors: All-Area quarterback, First Team All-District (1978), Second Team All-District (1977), Second Team All-Region Quarterback (1978); finished career with 26-3-2 record without ever losing a district game; Three-time FLS Player of the Week. Lysher’s KGHS football records include: 150 passing attempts; 76 receptions in a season; 13 touchdown passes; 1,118 passing yards; three touchdown passes in a game (three times); 12 completions in a game (three times); 259 passing yards in a game; career record of 135 completions out of 251 attempts that resulted in 2,119 yards and 23 touchdowns. Other sports accomplishments featured: Two-year career at Randolph Macon College; KGHS basketball, First Team All-District (junior year); Second Team AllTournament (senior); most assists single game (record, 16); season assists (record, 130); KGHS baseball, four-year starter, pitcher, catcher, first base, outfield; KGHS baseball, First Team All-District; .427 batting average; track & field 880 yards champion (1:58.3), senior year.
Wednesday, Nov. 13, 2012
3
Property reassessment update
Board of Equalization members named Phyllis Cook Blue Ridge Mass Appraisal is in the process of meeting with landowners who wish to discuss their new assessments, with notices mailed out on Nov. 1. Blue Ridge will now be taking appointments through Monday, Nov. 18. Those wishing to schedule an appointment with Blue Ridge should call (540) 775-3354. The meetings are being held by appointment only in the County Administration Building Board Room, 10459 Courthouse Dr., Suite 105. The county administration building is the Revercomb Building, located behind the King George Courthouse on Route 3 (Kings Hwy.). Property owners who disagree with their valuations will have a second opportunity to dispute them. In addition to an appointment with Blue Ridge, landowners will also be able to schedule an appointment to meet with a Board of Equalization early in the new calendar year. NOMINATIONS MADE FOR BOARD OF EQUALIZATION The King George Board of Supervisors approved nominations for the names of five county residents for a Board of Equalization. That action took place at last week’s meeting on Nov. 6. The names now go forward to the Circuit Court for appointment.
Supervisors followed the board’s tradition of one nomination coming from each member of the board, generally from the district they represent. Those nominated are Terry Collins by At-Large Supervisor Dale Sisson, Kenneth Allwine by Shiloh Supervisor Cedell Brooks, Richard Snow by Dahlgren Supervisor Ruby Brabo, Stan Palivoda by James Monroe Supervisor John LoBuglio, and John Cheadle by Supervisor James Madison Joe Grzeika. Those names had been forwarded by board members since the last meeting to provide county attorney Eric Gregory the chance to ensure that the proposed membership makeup conformed to state law. At least one member must be a resident of the county and a majority of the members must be freeholders of real property in King George. Thirty percent of the members must be commercial or residential real estate appraisers, other real estate professionals, builders, developers, or legal or financial professionals. Appointees must attend a basic course of instruction given by the Virginia Department of Taxation following appointment. Also at last week’s meeting, Supervisors authorized advertisement for a public hearing on Dec. 3 to approve a resolution setting out deadlines for real estate tax assessment equalization applications and for the
Board of Equalization to decide on those applications. DATES TO BE SET FOR BOARD OF EQUALIZATION APPLICATIONS King George is on a four-year reassessment cycle for property values, which means that when assessments are completed, they will go into effect on Jan. 1, 2014. The Code of Virginia requires each locality to periodically perform a general reassessment to determine each property’s fair market value and its equalization in value to similar properties. The previous general reassessment was effective January 1, 2010. Unless a property’s value is adjusted by Blue Ridge or ‘equalized’ by the Board of Equalization, the assessed value contained in notices sent out to landowners on Nov. 1 will stand. The new assessments will affect values and tax rates for the next four years beginning with the first half tax bill payable in June 2014. March 31, 2014 is proposed as the final day for landowners to file an application with the Board of Equalization to request a change in assessed value. May 30 is proposed as the deadline date for the Board of Equalization to make all decisions in regard to applications received. Those dates are to be finalized following the public hearing to be held on Dec. 3.
Polling place evacuated election day Potomac Elementary School was evacuated on Election Day last week, after a school official noticed a haze of smoke in a classroom. School had not been in session that day, and though it was a teacher workday, most staff was gone by the time Fire & Rescue was called, which was close to 6 p.m. There was no fire, but the haze was caused by a malfunctioning part in a mechanical system, according to King George Fire Chief David Moody. With voting taking place in the gym, about 30 voters and election officials were evacuated for a short time, with Registrar Lorrie Gump saying that everyone was patient during the disruption. Gump said voting resumed when they were allowed back into the building, with all voters seeking to cast ballots able to do so prior to the 7 p.m. poll closing.
Connell: Funds taken From page 1 to gain access to the Hopyard Farm swim team’s accounts and use their funds as her personal piggy bank.” “The Commonwealth finds it hard to imagine a more fundamental violation of trust than stealing money, entrusted to you by virtue of your position as president of the board of directors on a children’s sports team,” Pollard declared. “Because of the impact on the community, including the parents and other people affiliated with the swim team, especially the children, it is appropriate to send April Connell a message, that when that trust is violated, there will be consequences,” Pollard said. Evidence was presented to Judge Ellis showing April Connell has used swim team funds, raised through registration fees, fundraisers, donations and concessions, to purchase personal items ranging from X-box equipment, to cigarettes and hair color products. The embezzlement was discovered when swim team officials found that despite raising thousands of dollars, there was no money to pay coaches or to pay for awards for the children. Pollard told the court that Connell “was abrasive when confronted or questioned by parents about the missing funds.” According to King George Commonwealth’s Attorney Keri Gusmann, Pollard “did a great job” in bringing Connell to justice. “So much so, that a defense attorney, who was in the courtroom on an unrelated matter, sought me out after court to tell me how impressed he was in Jennifer’s handling of the matter.”
Election: Two write-ins From page 1 JAMES MONROE SCHOOL BOARD For the James Monroe School Board seat, Terence “T.C.” Collins won, with 239 write-in votes against 124 votes written in for Rick Randall. In that race there was no one on the ballot. Incumbent Randall had announced his intention to run a write-in campaign early in the process, after he missed the filing deadline for gathering signatures on petitions to get on the ballot. Collins had announced his intention to run as a write-in much later, making his intention known in the week prior to the election. Collins is a criminal investigator with the Virginia State police. He is married to Jennifer Collins, who
is an assistant principal at King George High School. OTHER LOCAL OFFICES BOARD OF SUPERVISORS - SHILOH Incumbent Cedell Brooks, Jr. handily won reelection from challenger Shawn Lawrence. Cathy Binder was also on the ballot but had withdrawn her candidacy. SCHOOL BOARD - SHILOH Incumbent Michael E. Rose ran unopposed for a second term. ~ COMMONWEALTH’S ATTORNEY Incumbent Keri A. Gusmann won her seat without opposition for Commonwealth’s Attorney. ~ HOUSE OF DELEGATES Incumbent Margaret Bevans Ransone won her seat without opposition for member of the House of Delegates.
Slap: Teacher arrested From page 1 and battery in the incident, King George Sheriff ’s Dept. confirmed. Nolte is an employee of Allied Instructional Services of Ashland, which specializes in providing educational and training services to deaf-blind students as well as persons who have autism, or in need of interpreting and physical/ occupational therapy. King George School Superintendent Rob Benson said the incident occurred last week during a training session with the deaf-blind student. He said that the student had apparently struck out and hit Nolte during training, who in turn slapped the 7-yearold child. Terming the incident “regrettable and unacceptable” Benson stressed that Nolte was not an employee of the King George County School Board but employed by a contracted service who was referred to the school system to help with the educational concerns of the young special education student. According to the National Dissemination Center for Children with Disabilities, a critical part of improving educational results for children with disabilities is using effective practices in the classroom and across the school. And most special educators have built an
impressive knowledge base across years of experience individualizing instruction for children and administering special education and related services in schools. The education for all disabled students is addressed in a special public law act - PL 94-142/ sometimes referred by the acronym EACHA for Education for All Handicapped Children Act - which was enacted in 1975 by Congress. The law requires that all public schools accepting funding provide equal access to education and one free meal for children with physical/ mental disabilities. Under the law, schools are required to evaluate all handicapped children and create an education plan with parental input that closely mirrors the educational experience of non-disabled students. EACHA additionally requires school districts provide procedures for parents of disabled children to dispute decisions made about their child’s educational process.
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