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Train continues to block access to property, could be more than 25 hours before train moves

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The train came to a stop at approximately 9:00 pm on July 20, 2021, near the crossing at Dismal Hollow Road and Rt 624.  Warren County Sheriff Mark Butler says “Enough is enough, I’m tired of the railroad holding the county hostage by blocking access to property.” He said that the train might not move until 10:00 p.m. on July 21, 2021, a period of 25 hours.

Butler has contacted the railroad and received the name and address of the CEO and will issue a ticket, and will do so each day until the train is moved.  Butler asks that county residents write their congressmen and senators.

Another problem: local law enforcement has no authority over railroads. The FRA and the Virginia State Corporation Commission are the only two agencies that can enforce railroad-related rules.

Fining railroads under Virginia law has proved difficult, as railroads argue the rule could have the unintended effect of requiring a crew to violate other federal safety requirements like air brake testing and crew changes.


Blocked crossings pose potential safety risks, specifically in locations where trains routinely hinder roadway and pedestrian movement for extended periods. Frustrated drivers may attempt to clear the crossing before a train arrives. Likewise, pedestrians may be tempted to crawl between stopped railcars. Further, blocked crossings make people late for work, school, and appointments, and contribute to roadway congestion.

The new FRA Blocked Crossing webpage, www.fra.dot.gov/blockedcrossings, requests specific information from users reporting blocked crossings— including date, time, location, and duration.

Statutory authority for Railroad Regulation is outlined in Title 56, Chapter 13, of the Code of Virginia. Use the RR Blocked Crossing/Incident Report (Adobe PDF) form to provide the information required to initiate an investigation.

Who can impose a law regulating how long a train is allowed to block a railroad crossing?

The only legitimate authority to regulate blocked crossings is the federal government. Multiple times in the past the Federal Railroad Administration (FRA) has been requested to begin the rule-making process to determine effective measures to regulate blocked crossings.  Federal Railroad Safety Authorization Act of 1994 (FRSA), 49 U.S.C. § 20101 et seq. (2000), is the main source of the railroad industry’s contention that state and local laws are not enforceable.


Here is the Virginia code that Sheriff Butler referenced:

§ 56-412.1. Railroad cars obstructing street or road; standing vehicle on railroad track.
It shall be unlawful for any railroad company, or any receiver or trustee operating a railroad, to obstruct for a longer period than five minutes the free passage on any street or road by standing cars or trains across the same, except a passenger train while receiving or discharging passengers, but a passway shall be kept open to allow normal flow of traffic; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train; provided that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three minutes, to pump up the air after the train has been recoupled shall not be included in considering the time such cars or trains were standing across such street or road. Any such railroad company, receiver or trustee, violating any of the provisions of this section shall be fined not less than $100 nor more than $500; provided that the fine may be $100 for each minute beyond the permitted time but the total fine shall not exceed $500.

This section shall not apply when the train is stopped due to breakdown, mechanical failure or emergency.

Click the links below for information on how to contact your representatives:

Congressman Ben Cline

Senator Mark Warner

Senator Tim Kaine

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VDOT: Warren County Traffic alert for October 18 – 22, 2021

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The following is a list of highway work that may affect traffic in Warren County during the coming weeks. Scheduled work is subject to change due to inclement weather and material supplies. Motorists are advised to watch for slow-moving tractors during mowing operations. When traveling through a work zone, be alert to periodic changes in traffic patterns and lane closures.

*NEW* or *UPDATE* indicates a new or revised entry since last week’s report.

INTERSTATE 66
*NEW* Mile marker 0 to 8, eastbound and westbound – Shoulder closures at various locations for litter pickup, Wednesday from 9 a.m. to 3:30 p.m.
*NEW* Mile marker 7 to 11, eastbound – Overnight mobile lane closures for pavement marking, 8 p.m. to 4 a.m. through October 18.
*NEW* Mile marker 15 to 12, westbound – Overnight mobile lane closures for pavement marking, 8 p.m. to 9 a.m. through October 18.
INTERSTATE 81
No lane closures were reported.
PRIMARY ROADS
No lane closures were reported.
SECONDARY ROADS
Route 624 (Happy Creek Road) – Flagger traffic control between Front Royal eastern town limits and Route 647 (Dismal Hollow Road) for the safety improvement project, 9 a.m. to 3 p.m. daily. Estimated project completion December 10.

Vegetation management may take place district-wide on various routes. Motorists are reminded to use extreme caution when traveling through work zones.

Traffic alerts and traveler information can be obtained by dialing 511. Traffic alerts and traveler information also are available at www.511Virginia.org.



The VDOT Customer Service Center can assist with reporting road hazards, asking transportation questions, or getting information related to Virginia’s roads. Call 800-FOR- ROAD (800-367-7623) or use its mobile-friendly website at my.vdot.virginia.gov. Agents are available 24 hours a day, seven days a week.

 

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Front Royal Main Street eatery changes ‘Yappy Hour’ day from Friday to Monday, updates menu

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One of Main Street’s popular restaurants recently underwent a name and menu change and also switched the day it devotes to “Yappy Hour.”

During the past couple of years, ViNoVa owner Rachel Failmezger and executive chef Chris Kenworthy featured a tapas menu similar to a Spanish favorite, now moving along to an Italian-Mediterranean style of cooking and changing its long-running “Yappy Hour” from Friday evenings to Mondays (4-6 p.m.). Restaurant hours of operation also have been amended, noon to 10 p.m. Sunday through Thursday (closed Tuesday) and noon to midnight Friday and Saturday.

The restaurant’s new name retains its original “ViNoVa” with the added words “Mediterranean Bistro.” The property seats about 50 and each Friday, off and on for the past decade, has helped donate thousands of dollars to the Humane Society of Warren County’s Julia Wagner Animal Shelter.

ViNoVa Mediterranean Bistro is now center stage for Monday ‘Yappy Hour’ (4-6 p.m.), a new menu, and new hours based on pandemic-driven lifestyle changes. Below, ‘Yappy Hour’ regulars Rico and Pablo show support for the Humane Society/Wagner Animal Shelter fundraiser, whatever day of the week it is held. Royal Examiner Photos by Roger Bianchini


Rachel, noting differing (earlier) eating habits since the pandemic struck, suggests closing earlier than 2 a.m. better meets the needs of an expanded staff and earlier diners, as would the changed menu.

“Overall, we will be more flexible, more accommodating,” Rachel opined in a recent interview as nearby regular customers appeared to be in agreement with the menu changes. “Whatever restaurants did two years ago, they cannot do today. It’s a new age for us,” she said, mentioning that the entrees will be larger, and there will be an emphasis on lunches, particularly the quick “take out” type featuring the “Viva Bowl” in which you choose your own ingredients for an affordable $9 “to go!”

Something to remember by early birds at the Bistro: beer and wine prices are staggered starting at $3 per glass for a beer at 3 p.m., rising to $4 at 4 p.m. and then on to $5 at 5 p.m. for the rest of the evening.

Cheers!

Portion of recent ‘Yappy Hour’ in transition crowd, from left, Skip and Cathy Rogers, Scott Shutt, Internationally known Chihuahua Rico, Pablo Guitterez, and our intrepid reporter Malcolm Barr Sr.

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Crime/Court

Linden man arrested, charged for child abuse

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On October 12, 2021, at approximately 8:20pm, Warren County Sheriff’s Office received a call about an 8-year-old juvenile walking on Freezeland Road, Linden, Virginia. The caller stated the juvenile advised them they were running away from home due to being abused by their father. Deputies responded to 78 Lookout Point Way, Linden, Virginia, where the juvenile resides to perform a welfare check. Upon arrival deputies spoke with Matthew Steven Lewis, the juvenile’s father, and made contact with the juvenile. During the welfare check, deputies observed that the juvenile had sustained multiple injuries. Deputies had Warren County Fire & Rescue respond to the residence, and the juvenile was transported to Warren Memorial Hospital for further treatment.

After the initial investigation Matthew Steven Lewis was placed under arrest for Domestic Assault (M), Child Endangerment (F), and Strangulation (F). Matthew Steven Lewis was held without bond at RSW Regional Jail, preliminary hearing is set for November 4, 2021.

Matthew Steven Lewis. Photo / RSW Regional Jail

Warren County Sheriff’s Office would like to thank Front Royal Police Department, Virginia State Police, and Warren County Department of Social Services for their assistance.


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Social Security announces 5.9 percent benefit increase for 2022

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Social Security and Supplemental Security Income (SSI) benefits for approximately 70 million Americans will increase 5.9 percent in 2022, the Social Security Administration announced today.

The 5.9 percent cost-of-living adjustment (COLA) will begin with benefits payable to more than 64 million Social Security beneficiaries in January 2022.  Increased payments to approximately 8 million SSI beneficiaries will begin on December 30, 2021.  (Note: some people receive both Social Security and SSI benefits).  The Social Security Act ties the annual COLA to the increase in the Consumer Price Index as determined by the Department of Labor’s Bureau of Labor Statistics.

Some other adjustments that take effect in January of each year are based on the increase in average wages.  Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $147,000 from $142,800.

Social Security and SSI beneficiaries are normally notified by mail starting in early December about their new benefit amount.  Most people who receive Social Security payments will be able to view their COLA notice online through their personal my Social Security account.  People may create or access their my Social Security account online at www.socialsecurity.gov/myaccount.


Information about Medicare changes for 2022, when announced, will be available at www.medicare.gov.  For Social Security beneficiaries receiving Medicare, Social Security will not be able to compute their new benefit amount until after the Medicare premium amounts for 2022 are announced.  Final 2022 benefit amounts will be communicated to beneficiaries in December through the mailed COLA notice and my Social Security’s Message Center.

The Social Security Act provides for how the COLA is calculated.  To read more, please visit www.socialsecurity.gov/cola.

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Wildlife biologist to explain changes to deer hunting season during October supervisors meeting

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BERRYVILLE, VA — A wildlife biologist from the Virginia Department of Wildlife Resources (DWR) has been invited by the Clarke County Board of Supervisors to talk about the significant changes to the 2021-22 deer hunting season in Clarke, Frederick, Shenandoah, and Warren counties. Fred Frenzel makes his public presentation during the Supervisors’ evening session at 6:30 p.m. Tuesday, Oct. 19. The session includes public hearings on proposed code changes. The presentation and public hearings are in the second-floor meeting room of the Berryville-Clarke County Government Center at 101 Chalmers Ct.

DWR made changes to this year’s deer season because of chronic wasting disease, Frenzel said. Chronic wasting disease (CWD) is a fatal neurological disease that can pass between deer through saliva, feces, and urine as well as through water or contaminated soil. CWD was first diagnosed in deer in West Virginia in 2005. It was first detected in Virginia in 2009, and has been reported in Fauquier, Frederick, Clarke, Culpeper, Loudoun, Madison, Montgomery, Rappahannock, Shenandoah, and Warren counties.

“As a result of chronic wasting disease, DWR made drastic changes to deer season in four of the counties I cover,” said Frenzel, the DWR district wildlife biologist for Clarke, Frederick, Shenandoah, Warren, and Page counties. He said the changes were made to mitigate the spread of CWD, noting only minor changes were made to deer season in Page.

Supervisor Doug Lawrence, who represents the Russell District, requested the Supervisors host a public presentation to address questions about the current deer season. “When they changed deer season, it caught a lot of people by surprise,” Lawrence said. “I thought our hunters should understand the rationale behind the changes.”


Clarke Supervisors have also asked Frenzel to discuss coyote bounties, game bird preserves, and Clarke’s prohibition of hunting within 300 feet of public roads.

Read about Virginia’s 2021-22 deer season at dwr.virginia.gov/hunting/regulations/deer/.

For more information about the Oct. 19 public presentation on deer hunting and/or the public hearings, contact County Administration at (540) 955-5100 or info@clarkecounty.gov.

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Jenspiration

RMA Interact students help clean up our community

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Our local RMA Interact Club had a great experience cleaning up Kendrick Lane last week. 17 RMA middle school students participated with our very own Nancie Williams, Arnold Williams, and two faculty members. One of the most interesting items they collected was a old piece of metal, featured in a picture below!

Do you have a student in one of our local schools and want to learn more about Interact? Contact us: www.warrencountyrotary.org

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Front Royal
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Upcoming Events

Oct
18
Mon
11:00 am Art Class for K-1st @ Strokes of Creativity
Art Class for K-1st @ Strokes of Creativity
Oct 18 @ 11:00 am – 12:00 pm
Art Class for K-1st @ Strokes of Creativity
This class is for Kindergarten and First Grade. Perfect for home schoolers. Recommended ages: Ages 5 and 6 Tickets: CLICK HERE Tickets are available through Square Up, or can be paid in person at Strokes[...]
1:00 pm Art Class for 2nd & 3rd @ Strokes of Creativity
Art Class for 2nd & 3rd @ Strokes of Creativity
Oct 18 @ 1:00 pm – 2:00 pm
Art Class for 2nd & 3rd @ Strokes of Creativity
This class is for Grades 2nd and 3rd. Perfect for home schoolers. Recommended ages: 7 and 8 years old Tickets: CLICK HERE Tickets are available through Square Up, or can be paid in person at[...]
Oct
21
Thu
10:00 am Senior Painting Class with Dottie @ Strokes of Creativity
Senior Painting Class with Dottie @ Strokes of Creativity
Oct 21 @ 10:00 am – 12:00 pm
Senior Painting Class with Dottie @ Strokes of Creativity
Senior Painting Class with Dottie at Strokes of Creativity. Tickets: CLICK HERE Cost: $80 for 6 weeks Dates: Thursdays – Oct 21, Oct 28, Nov 4, Nov 11, Nov 18, Dec 4 Time: 10 am[...]
1:00 pm Art Class for 4th & 5th @ Strokes of Creativity
Art Class for 4th & 5th @ Strokes of Creativity
Oct 21 @ 1:00 pm – 2:00 pm
Art Class for 4th & 5th @ Strokes of Creativity
This class is for Grades 4th and 5th. Perfect for home schoolers. Recommended ages: 9 and 10 years old Tickets: CLICK HERE Tickets are available through Square Up, or can be paid in person at[...]
Oct
23
Sat
11:00 am Fall Farm Days: History of Sky M... @ Sky Meadows State Park
Fall Farm Days: History of Sky M... @ Sky Meadows State Park
Oct 23 @ 11:00 am – 5:00 pm
Fall Farm Days: History of Sky Meadows @ Sky Meadows State Park
Historic Area.  During Fall Farm Days History Weekend, step back in time and see history come to life. Stroll through the Historic Area buildings, interact with our living historians and discover our links to historic[...]
1:00 pm Paint Class for Kids Ages 8 and up @ Strokes of Creativity
Paint Class for Kids Ages 8 and up @ Strokes of Creativity
Oct 23 @ 1:00 pm – 2:30 pm
Paint Class for Kids Ages 8 and up @ Strokes of Creativity
This is a painting class for children 8 years old and up. Tickets: CLICK HERE Tickets are available through Square Up, or can be paid in person at Strokes of Creativity. Date: Saturday, October 23,[...]
Oct
24
Sun
11:00 am Fall Farm Days: History of Sky M... @ Sky Meadows State Park
Fall Farm Days: History of Sky M... @ Sky Meadows State Park
Oct 24 @ 11:00 am – 5:00 pm
Fall Farm Days: History of Sky Meadows @ Sky Meadows State Park
Historic Area.  During Fall Farm Days History Weekend, step back in time and see history come to life. Stroll through the Historic Area buildings, interact with our living historians and discover our links to historic[...]
Oct
25
Mon
11:00 am Art Class for K-1st @ Strokes of Creativity
Art Class for K-1st @ Strokes of Creativity
Oct 25 @ 11:00 am – 12:00 pm
Art Class for K-1st @ Strokes of Creativity
This class is for Kindergarten and First Grade. Perfect for home schoolers. Recommended ages: Ages 5 and 6 Tickets: CLICK HERE Tickets are available through Square Up, or can be paid in person at Strokes[...]
1:00 pm Art Class for 2nd & 3rd @ Strokes of Creativity
Art Class for 2nd & 3rd @ Strokes of Creativity
Oct 25 @ 1:00 pm – 2:00 pm
Art Class for 2nd & 3rd @ Strokes of Creativity
This class is for Grades 2nd and 3rd. Perfect for home schoolers. Recommended ages: 7 and 8 years old Tickets: CLICK HERE Tickets are available through Square Up, or can be paid in person at[...]
Oct
28
Thu
10:00 am Senior Painting Class with Dottie @ Strokes of Creativity
Senior Painting Class with Dottie @ Strokes of Creativity
Oct 28 @ 10:00 am – 12:00 pm
Senior Painting Class with Dottie @ Strokes of Creativity
Senior Painting Class with Dottie at Strokes of Creativity. Tickets: CLICK HERE Cost: $80 for 6 weeks Dates: Thursdays – Oct 21, Oct 28, Nov 4, Nov 11, Nov 18, Dec 4 Time: 10 am[...]