Come Out of Your Shell

Start the New Year with a New View of Oysters

You either love them or hate them. There is not much gray area when it comes to oysters, except maybe when it comes to their outer shell. It has been said, “He was a bold man who ate the first oyster.” But these days, with all the varying ways to prepare and serve them, almost anyone can find a way to enjoy oysters. Still not sure? To convince you of what you’re missing, we visited a few of the best oyster spots in town to get some advice. >>

Millstone Tea Room
Chef Partner Jared Srsic of Millstone Tea Room gave me the scoop on when and why to eat oysters. “The old crusty fisherman’s rule of thumb was to eat oysters in the ‘R’ months for two reasons: lack of proper refrigeration in the old days and the fact that oysters spawn in the warmer waters of summer. Spawning oysters won’t hurt you, but they don’t taste great, kind of milky and languid. It is for those reasons that many people shy away from oysters in the summer months,” he said. “But the modern chef’s access to cold water oysters from around the world and super reliable refrigeration helps in alleviating most guests’ fears of the summer oyster. Stick with the grilled and fried ones during the summer if you’re unsure.”

There is only one rule that Chef Jared tends to follow in his kitchen—keep it simple. “Garlic butter, mignonette, salt and pepper, cornmeal crust or bacon-laced scalded milk are about the only things that should touch a great Virginia oyster. I remind my cooks that the shell oyster is alive and should remain alive when it is stored. We scrub each religiously upon arrival; store them cup-side down and blanketed with a damp towel in our produce refrigerator closest to the fan. When they shuck them, we evaluate appearance, texture and aroma. If they don’t pass these tests, they are promptly discarded.”

Our favorite dish on the menu at Millstone has to be the fried oysters with deviled egg dressing that they have proudly been serving since 2007. Chef Jared had a similar dish in Charleston years ago, thankfully was able to recreate it, and it’s been a staple ever since. The best way to wash them down? He swears by a cheap pale ale or the best French champagne!

The Main St. Eatery and Catering Co.
We asked Chef Urs Gabathuler, proprietor of The Main St. Eatery and Catering Co., if oysters are a popular dish at his intimate restaurant. He tells us “yes, indeed” for the sophisticated clientele they tend to service. He sources his from the Chesapeake Bay and North Carolina. Chef Urs tells me raw oysters should have their own juice within the shell, called liquor, and warns us the biggest mistake when preparing oysters is to overcook!
If you are an oyster neophyte, Main St. Eatery will provide you with the most variety of preparations.

You must go soon as Chef tells us their special oyster menu is seasonal and only available from November through February.

Of the many dishes, the Oysters Imperial Au Gratin with Crabmeat Imperial seems like the easiest choice. Served fresh and hot, these babies are the perfect introduction into the wide world of oysters.

Chef Urs tells me his customers often enjoy drink pairing suggestions from his staff. He would recommend a fine dry Pinot Grigio, Chardonnay or a flute of champagne with any of his oyster dishes.

The Water Dog
If you have not been to The Water Dog (TWD) yet, you’re one of the few. The tap house and oyster bar has quickly become a Lynchburg favorite and the “go to” in town for raw oysters. Owner Dave Henderson wants you to think of TWD as an extension of your home where the oysters are shucked fresh to order, the menu is almost entirely scratch made, and the craft beer flows endlessly. While the menu boasts many decadent grilled cheese options, snacks, salads and desserts (homemade cookies!), the raw oyster is the star of this show.

A self-proclaimed “oysterhead,” Dave has been eating oysters for as long as he can remember. He brings this passion to TWD, and there is evidence of it everywhere. “I think oysters are the purest expression of the sea, outside the sea itself. They can be briny, light, sometimes slightly metallic. They can remind you of the sea and its mesmerizing, rolling waves. The foam and bubbles clinging to sand as the ocean creeps back leaving only your footprints as evidence that you were ever there. The romantic in me yearns for that feeling, and I know by eating a raw oyster in the half shell—naked and only soaking in its own liquor—that I can be back on that beach in seconds.”

How can you not love this guy?
We asked Dave how someone new to the intimidating raw oyster can ease into them, and he joked, “Raw and down the hatch!” Not convinced? He tells us, “Lynchburg’s cherished astronaut and frequent visitor, Leland Melvin, loves them fried. That’s probably the best way one could ease into them without diving right into raws.”

If you need a little liquid courage, TWD also serves up a great Oyster Shooter. “The best way to experience the Oyster Shooter is to have it with just a touch of our house-made Bloody Mary mix and a little Silverback Distillery Vodka from just up the road in Afton, Virginia. Some people like it from a shot glass, but I prefer it straight out of the half-shell. Whatever you do, make sure you capture all of the salty oyster liquor!” Not in to the shooter but want to enjoy a drink with your raw oysters? Dave promises a bottle of buttery white wine will pair effortlessly with oysters and is fun to share with friends, which is what TWD is all about.

The Water Dog showcases Chesapeake oysters. They most often serve Rappahannock River (Topping, Va., Lower Bay, Western Shore), Stingray (James River, Tidewater), Tom’s Cove (Chincoteague, Va., Seaside), and Chesapeake (Ship John, NJ, Upper Bay, Eastern Shore). Dave tells me they “also feature fan favorites such as Blue Points from Long Island, NY, or Cooks Cove from P.E.I. in Canada.”

Chef Liz Roberg serves them up with an optional Spicy Mignonette that she generously shared with us! And Dave says hair of the dog secret is to
use the Spicy Mignonette as the hot sauce in your Bloody Mary at brunch—now we know!


By Rachel Dalton




Could Your Driver’s License Be At Risk?

New Legislation Would Ensure That Every Driver Receives Fair Treatment From The DMV

“Our society poorly supports individuals who no longer drive. Patients who forego driving often lose independence, compromise their ability to work and provide for their dependents, have difficulty maintaining social contacts, continuing involvement in personal interests, and participating in community activities. Those losses have profound implications in terms of emotional and physical well-being, quality of life, and evaluation of self-worth. The physicians’ role often is pivotal in determining physical and mental conditions which may impair a patient’s ability to drive. In some situations, physicians may have an ethical obligation to the safety and welfare of the community to report such disabilities to the authorities.

However, this obligation must be in proportion to actual and relative risk and, in order to be just, must cover all disabilities that convey similar public risk. Furthermore, the disclosure must lead to concrete actions in the interest of public safety. Otherwise, the breech of patient confidentiality cannot be justified ethically.”1

Grayson’s Story
On a late summer morning in rural Virginia, Grayson drove his SUV to the doctor’s office. He had a lot on his mind. As primary caregiver for his spouse who was battling Alzheimer’s, he was responsible for almost every aspect of their domestic and civic lives. In addition, the outcome of the appointment to which he was driving would help determine whether he was a good candidate for a surgical procedure that had been looming on the horizon. Thinking about the surgery added an additional layer of stress and anxiety to his day. He pulled into the parking lot of the medical office where a general practitioner examined Grayson for approximately 10–15 minutes. At one point during the examination, Grayson was asked to remember three words, words that would ultimately prove life-altering. Grayson left the physician’s office, completed his errands and drove home.

Several weeks later, Grayson received a non-descript US Mail envelope from the Virginia Department of Motor Vehicles stating that the DMV had received unsolicited ‘information’ concerning his ability to drive and that Grayson’s driving license had been suspended immediately. There was no customary 15-day notice, no indication of who dropped the dime on Grayson and no option to submit to a driving examination or road test prior to suspension. Grayson was informed that if he wanted to get his license reinstated, he had to obtain a positive medical report from another doctor, a process that could easily take several months. Or, he could contest the decision, another lengthy route. Grayson was stunned to find himself so abruptly stranded. He considered the events of the past several months: Who had reported him? Why? What would he do now? Of equal importance, Grayson felt he deserved answers relating to the chain of events that led up to his license being summarily suspended without the due process afforded other drivers in Virginia.2

Grayson’s fight would take over a year from start to finish, including six months trying get an appointment with a new GP, then with an appropriate geriatric specialist. In the end, he was diagnosed with ‘mild’ cognitive impairment and cleared to take the driving rehab evaluation, which might have afforded him a restricted license. But by then, almost a year had passed and, recently diagnosed with macular degeneration, his vision had begun to diminish. Grayson, disillusioned and frustrated with an already lengthy process, decided not to pursue further testing and to forego driving altogether. A tough decision for anyone.

Grayson’s story is real. It could happen to you, to me, a parent, or loved one. Current Virginia law allows any medical professional to anonymously recommend to the DMV the suspension of a patient’s driving privileges without any further testing or involvement from driver assessment professionals. There are no special credentials or training required of the medical professional, and they’re not required to disclose to their patient that they are administering a test or what it is for.

Grayson and his family were determined to find a way to use this eye-opening experience to create positive change. Having already spent countless hours navigating the maze of problematic DMV policies and the Virginia Codes that enable them, they decided that the way forward was to press for modifications to current legislation. If enacted, those amendments would ensure that every driver (not just mature drivers) in Virginia would receive due process from the DMV.

With the help of subject matter experts, we explored the significant medical, legal and legislative issues that surfaced during Grayson’s journey. We’ll discuss their implications, and finally, circle back around to highlight the common sense legislative fixes crafted by Del. Barry Knight.

Patient Confidential?

Physician Reporting, Privacy Law and the DMV
In Virginia, anyone may report a driver suspected of being impaired to the DMV, but current DMV policy, supported by Virginia law, protects the identity of the reporting individual and the reasons given for reporting the driver if the source of the information is “a relative of the driver, or a physician, physician assistant, nurse practitioner, pharmacist, or other licensed medical professional … treating, or providing medications for the driver.”3

In Grayson’s case, it came to light that the person who reported him to the DMV was a medical professional—the physician he had seen for the pre-surgery evaluation. Grayson wondered why his personal medical information had been disclosed to the DMV without his assent and precisely what information in that report drove the decision to suspend his license.

Given the strict medical privacy protection provided by the Healthcare Insurance Portability and Accountability Act (HIPAA), how was this possible? Well, it’s possible if someone is considered by a medical professional to be a ‘serious and imminent threat.’ In that case, normal HIPAA protections cease to apply. Physicians may report patients to the DMV and share what would normally be considered Protected Medical Information (PMI) with the DMV—then the DMV can immediately suspend a driver’s license. Just like that.

Making the determination is a huge responsibility for physicians; if PMI is disclosed without clear, empirical evidence that the patient is a serious and immediate threat, that disclosure could be considered a violation of HIPAA privacy rules, and the reporting medical professional could face serious consequences, including loss of license.

It would be difficult for Grayson’s doctor to claim that Grayson represented a “serious and imminent threat” since he was allowed to drive home from his appointment and was never questioned about it. Further, it is difficult to understand how the DMV could accept and encourage such reporting of Protected Medical Information under the “serious and imminent threat” determination when they are fully aware that their license suspension process takes at least six weeks to enact. Serious and imminent threats generally imply a 911 call, not a 6-week process that leads to a notification mailed standard US Mail with no proof of delivery.

The decision to report Grayson to the DMV was triggered principally by his inability to recall those three words the doctor had asked him to remember—a zero score, which, according to the test’s metrics, placed Grayson within the ‘demented range.’ Thus, the doctor elected not to give Grayson the second, important, clock-drawing portion of the test, which evaluates higher-level executive functions like those that operate when a person is driving. If there were adjacent concerns that could have impacted Grayson’s driving such as arthritis, or mobility issues, those could be addressed through occupational therapy or through initiatives like CarFit, a program designed to “fit” a vehicle to senior drivers for maximum comfort and safety.

But let’s put Grayson’s examination in context. In a brief, prior visit to the same physician, Grayson found the doctor to be a fairly jovial guy, and so he didn’t take the request to remember the three words very seriously. He later related that he thought the doctor might have been setting him up for some sort of joke or punchline. In reality, Grayson had been tested without his knowledge, the doctor using only one portion of the Mini-Cog test, a basic screening tool designed to help medical professionals identify patients who might require a more complete evaluation to firmly diagnose the degree of cognitive impairment present. Usually, both parts of the Mini-Cog are administered together. Neither is considered a stand-alone diagnostic tool.

Additionally, why were family members excluded from the decision-making process when such important judgements were being made on Grayson’s behalf? Diverse professional associations within the medical community urge physicians to view their patient’s lives as part of a larger ecosystem, taking into consideration the family dynamic and, whenever possible, inviting both the patient and appropriate family members into significant potentially life-altering conversations—including driving-related issues.

The American Medical Association (AMA) recommends that if a physician suspects that a patient’s driving may be impaired, then a sensitive discussion with the patient and family may suggest further treatments such as occupational therapy and may encourage the patient and family to decide on a restricted driving schedule. Mature drivers and their families don’t have to do it alone—Virginia has many excellent resources to help seniors extend their safe driving careers, and they’re available through the Grand Driver Program, AARP, AAA and The Virginia Department for Aging and Rehabilitative Services.

Being without a driver’s license for several months may not seem like a big deal to many people, but absent a clear diagnosis and supported by an unconfirmed suspicion of cognitive impairment, an immediate suspension can present considerable hardships, particularly for people who live in rural areas where no public transport exists. Suspension should be a last resort. Drivers of any age should not be presumed guilty until proven innocent.

In a letter to Grayson’s son, the doctor stated that it was a requirement of his being licensed in the state of Virginia to provide Grayson’s report to regulatory agencies such as the DMV so that they could take appropriate action. Under current policy, if the initial report to the DMV originates from a medical professional, the DMV doesn’t have to give the driver the benefit of the 15-day notice or opportunity to obtain an examination from a specialist prior to suspension. This means that in terms of due process, the DMV doesn’t treat every driver uniformly, one of Grayson’s concerns.

Though Virginia is not a mandatory reporting state, the doctor ‘in good faith’ may have felt a personal duty to prevent harm. But he made no effort to have a preliminary, fact-finding discussion with Grayson about his driving capabilities, nor did he attempt to create an opportunity for meaningful collaboration with the patient and with supportive family members. Since drivers with some level of cognitive impairment may have perceptions of their driving ability that do not correspond with reality, family involvement can be key.5

A large segment of mature drivers eventually decrease their range, avoid night driving or cease driving on their own as they acknowledge diminishing abilities or creeping, non-correctable visual impairment. Grayson thought he’d have the opportunity to naturally and gradually decrease his driving range on his own, enlisting the help of his family to put in place alternative transportation plans that could be acted on in the future. But Grayson’s GP and the DMV made that decision for him.

We posed some interesting and controversial questions to four regional medical experts pertaining to cognitive testing, anonymous reporting, family involvement, privacy law and physician responsibility. Since we consider their responses to be especially impactful, we placed them together in their own section titled ‘OP Med’ beginning on page 56.

Are You a Serious and Imminent Threat? Who Decides?
As the population ages, healthcare professionals will more frequently be faced with the difficult task of determining whether a patient is safe to drive and whether to report mature drivers (and others) with suspect abilities to the DMV. Maintaining safe highways is important, but preserving the physician-patient relationship, protecting a patient’s private medical information and fostering a collaborative approach that involves the patient’s family members when possible helps creates a supportive environment where touchy subjects like driving ability can be discussed.
It’s complicated. Neither the DMV, The Department of Health and Human Services (HHS), nor the Virginia Legislature have any guidelines or multi-pronged test to help medical professionals determine whether a person poses so severe a threat to themselves or public safety that they can in good conscience release protected medical information to the DMV, which then can decide to bypass the 15-day notice and reinstatement process outlined in Virginia Code.

In fact, much of the thinking behind ‘duty-to-warn’ laws and the meaning of the terms ‘serious and imminent’ have their roots within the psychiatric, social work and mental health communities. Over time, meaning was derived from crisis situations: persons deemed to be suicidal or homicidal, and from the perpetrators of mass-shooting incidents—not drivers ‘suspected’ of being impaired.

For example, in 2013 after the mass shootings in Newtown, Connecticut and Aurora, Colorado, the HHS Office of Civil Rights released to all healthcare providers a letter to make them aware that the HIPAA Privacy Rule does not prevent their ability to disclose patient information to law enforcement, family members of the patient or other persons when you believe the patient presents a serious danger to himself or other people.
Any preventable car-related death is one too many, but can one really make a correlation between premeditated mass murder by a psychopath who displayed definite warning signs and the potential danger that a mature driver with a ‘yet-to-be-determined’ level of cognitive impairment poses to the general public?

To help us navigate these issues, we reached out to Scott Alperin, a Virginia Beach-based attorney specializing in elder law, and also to a representative of HHS who would not be quoted in this article but who shared perspectives on the issues surrounding ‘serious and imminent’ as outlined in HHS publically accessible documents and via their website for professionals.6

Alperin explains: “In drafting the federal regulations that govern HIPAA, the Department of Health and Human Services did not specifically define what constitutes ‘a serious and imminent threat to the health or safety of a person or the public.’ However, in recognizing the difficulty that healthcare professionals often face in attempting to comply with the HIPAA regulations, the Health and Human Services Office for Civil Rights (OCR) issued guidance in February 2014 to help explain when a healthcare provider may relay protected healthcare information to third parties. This publication does not have the force of law, but underscores the fact that a legal vacuum exists when defining a ‘serious and imminent threat’ and the need to provide direction in order to balance legal requirement or privacy against public safety concerns.

In the absence of a court ruling that addresses a particular circumstance, healthcare professionals are left to try to apply the law to their particular set of facts. I don’t think the DMV is at risk legally for encouraging healthcare professionals to report ostensibly impaired drivers. The legal risk falls squarely on the shoulders of the party maintaining and wrongfully disclosing protected patient information.

Obviously, these are very subjective determinations that depend upon the facts and circumstances of the particular case. If a court were to define ‘serious and imminent threat’ in the context of the regulation, it would be typical for the court to develop a multi-pronged legal test that would provide standards for future application. But the only way that a court will be prompted to develop a legal test is if there is an actual, justiciable controversy (i.e. an actual lawsuit) that gets before the court. Courts don’t issue advisory opinions.

Regarding a legal remedy, the optimal fix would happen at the federal level through the promulgation of detailed regulations by HHS defining ‘serious and imminent threat’ that would be published in the Code of Federal Regulations. This is especially true in light of the fact that HIPAA is federal law and is being applied by the states. In the absence of guidance from HHS, the Virginia General Assembly could take action by adopting its own definition that would at least delineate the circumstances under which it would be legally appropriate for the healthcare provider to disclose protected health information to protect the motoring public.”

And fielding our questions about the release of medical information, legal opinion, preemption and HIPAA violations, the HHS contact helped clarify their stance: HHS (like the DMV) defers to the assessment of the healthcare provider that an individual poses a serious and imminent threat, and there is the presumption that the provider is exercising their judgement in good faith.

HHS does not offer legal opinions, and they have no specific criteria for what constitutes a serious and imminent threat. Rather, they rely on the judgement of the healthcare provider.

Laws themselves do not violate HIPPA. However, if there are questions surrounding whether a particular use or disclosure of protected information is in violation of HIPAA, individuals have the right to file a complaint, and then HHS can open an investigation ‘where appropriate.’

HIPAA does not prevent states from enacting laws or require that elected officials request a preemption exception determination for any particular law. This means that state law can allow a medical provider to generally comply with the stricter HIPAA law without violating more permissive state law.

So basically, unless a complaint is filed questioning the report of a medical professional, and it is deemed worthy of follow-up, HHS would not intervene or offer an opinion in a particular case, nor would they question the report of a medical professional.

The DMV Position
In the interest of fairness, we wanted to give the DMV the opportunity to weigh in on how they view the role they play in the driver reporting process. Brandy Brubaker, Communications Director for the Virginia DMV answered the following questions: Does the DMV or the Medical Advisory Board utilize any specific or general guidance to determine whether the reported driver is indeed a ‘serious and imminent’ threat before immediately suspending a driving license, or does the DMV feel that any medical professional is in the best position to make that determination?

DMV: DMV’s goal is to allow individuals to drive for as long as they can safely operate a motor vehicle. The agency intervenes if we have reason to believe that the individual may be an unsafe driver.  DMV accepts reports of potentially unsafe drivers from law enforcement, medical professionals, judges, DMV representatives, concerned citizens and friends and family. DMV investigates reports and may require a driver to provide a medical/vision report from a healthcare provider, complete driver’s license knowledge and/or road skills testing or to provide a medical report from a healthcare provider. If DMV’s investigation determines that the driver has a condition that affects driving ability, the agency may take one of several actions, based on the severity of the condition, such as restrict or suspend driving privileges or require periodic medical reports.

While the Medical Advisory Board does not individually review every case, it does provide advice to the commissioner. The Medical Advisory Board consists of seven physicians appointed by the governor. Advice from the board is incorporated into agency policies which are used as guidance documents by the staff of Medical Review Services, all of whom are licensed practical nurses, and by the medical compliance officer who is a registered nurse.

Cases are submitted to the Medical Advisory Board for review when the situation is not addressed by these policies or when a case has been referred for an informal conference during which the customer is able to present information as to why they contest the action/requirements imposed by DMV.

Given the fact that there are vast variations in the levels of training that GPs and other non-specialists have in terms of cognitive testing, wouldn’t it make sense to have the driver submit to a more extensive examination by a neurologist or geriatric specialist prior to suspension regardless of who made the original report?

DMV: We can request that a driver obtain a medical report from a medical specialist, if we feel it will assist us in making a determination in their case.

If a GP allows a client to drive home from an appointment, then later anonymously reports the driver to the DMV, is that client really an ‘imminent’ threat to public safety? If the driver were a real threat, wouldn’t it make more sense for the physician to dial 911, or call a cab?
DMV: Virginia is not a mandatory reportable state; per state law, it is at the physician’s discretion whether they initially report their patients. As Virginia’s Highway Safety Office, we would advise anyone who believes a driver is an imminent threat to public safety to arrange alternative transportation for the individual or contact their local police department.

DMV isn’t required to question the action a physician takes when they have concerns about the ability of one of their patients to safely operate a motor vehicle. DMV reviews each impaired driver report submitted by a physician and takes appropriate action.

Does the Medical Advisory Board review the case of every reported driver prior to issuing a notice of suspension or only after a driver wants to appeal the order?

DMV: DMV reviews cases of individuals who may have health or medical conditions that impair or hinder their safe driving.  The review process ensures the safety of the individuals and all drivers sharing the road.

DMV’s goal is to allow individuals to drive for as long as they can safely operate a motor vehicle. A report of an impaired driver is reviewed in conjunction with our medical policies to determine whether to move forward with a medical review. The agency only intervenes if we have reason to believe that the individual may be an unsafe driver.  DMV investigates reports and may require a driver to submit a medical and/or vision report from a healthcare provider, knowledge and/or skills testing, or to complete a driver evaluation conducted by a certified driver rehabilitation specialist.

If DMV’s investigation determines that the driver has a condition that affects driving ability, the agency may take one of several actions, based on the severity of the condition, such as restrict or suspend driving privileges or require periodic medical reports. If no such condition is found, no further action will be requested.

Cases are submitted to the Medical Advisory Board for review when the situation is not addressed by these policies or when a case has been referred for an informal conference during which the customer is able to present information as to why they contest the action/requirement imposed by DMV.

The 2013 Mature Driver Study: Is there Age-related Bias?
The result of studies in the U.S. and U.K. show that healthy older drivers are no more unsafe than other age groups, though the potential for death or serious injury resulting from an accident is increased because older drivers often aren’t as resilient as their younger counterparts and less able to survive serious injury. But as increasing numbers of mature drivers traverse our roadways (an estimated 57 million Baby Boomers will make up approximately a quarter of all licensed drivers by 2030), there has emerged a national discussion on how such a transformational event will impact public safety. In some states, the discussion has turned into a debate as stakeholders try to find a balance between individual freedoms and public safety.

In January 2013, as directed by the chairmen of the House and Senate Transportation Committees, the Virginia DMV established a stakeholder group to study “whether the commonwealth should adopt additional objective criteria in current license renewal requirements as a means of assessing mature drivers’ continued capability to remain active, safe, independent and mobile on the road as they age, and to better prepare the commonwealth for an aging driving population.” A group of over 40 stakeholders participated in the study, and their recommendations addressed three areas: Driver Licensing, Medical Review, Outreach and Education. The resulting was the Mature Drivers Study, 2013 Report.7

One of the most significant results of the study was the passage of legislation amending §46.2-330 of the Code of Virginia. Effective January 1, 2015, the statutory age for mandatory in-person license renewal for mature drivers was lowered from age 80 to age 75, and licenses issued to persons age 75 or older will be valid for no more than five years, as opposed to the current eight-year license. This legislation makes sense.
However, the study’s medical committee also discussed some rather slippery slope options that would certainly draw fire should they ever be seriously considered, such as providing confidentiality and immunity to all individuals who report a potentially impaired driver, not just medical professionals and relatives.

Senior advocate organizations like AARP support safe driving initiatives as long as they are based on the health and ability of the driver, not age.

AARP was one of the stakeholder organizations involved in the Mature Drivers Study. David DeBiasi, AARP Virginia’s associate state advocacy director, reports that to date, AARP Virginia is not aware of any age-related bias as a result of the study and that they do not see any legislative changes on the horizon that might unfairly impact older drivers in the commonwealth. Good news, for now.

Under current DMV policies, which are enabled by Virgina code, decisions about licensing can be made based on the opinions of a wide array of medical professionals, from general practitioners to pharmacists to nurse practitioners, most of whom have had little or no special training when it comes to assessing levels of cognitive impairment, let alone assessing driving skills or knowledge.

Under current Virginia code, there is no “standard” testing set forth to be adopted by the medical professionals administering such testing. The code allows medical professionals to devise and conduct their own testing. Further, there is no requirement for the professional to inform their patients that they are being tested or to advise them on possible outcomes or consequences of their testing.

New legislation is being considered this session which will address due process for all Virginia drivers as well as fair reporting and full disclosure from the medical community.

Del. Barry Knight, sponsor of the HB1494 bill, had this to say: “Currently, members of the medical profession have the ability to be both judge and jury when a driver’s license is at stake. This legislation will ensure that mature drivers will have a process to prove they have the ability to safely remain on the road. Our seniors have given a lifetime to our community, and it is important for them to retain their independence for as long as possible.”

The actual changes to Virginia code as submitted in Delegate Knight’s bill are found below.

Virginia Is a Mecca For Development Of Automated-Vehicle Technologies: A Potential Game-Changer For Mature Drivers

Virginia has always been at the forefront of implementing new transportation solutions, and we are committed to providing an environment in which industry leaders from the automated-vehicle realm can work to answer the needs of drivers.
—Aubrey Layne, Secretary of Transportation for the Commonwealth

In June 2015, Governor Terry McAuliffe announced a new partnership with the Virginia Department of Transportation and Department of Motor Vehicles permitting research and development for autonomous vehicles to take place in the commonwealth via special automated corridors and test facilities. This alliance further enhances Virginia’s standing as a high-tech idea incubator and laboratory for emerging unmanned systems, smart highways and intelligent vehicle safety technologies.

Autonomous and semi-autonomous innovations could be a game-changer for the nation’s growing number of older drivers. Approximately 45 million people in the U.S. are age 65 or older, a figure that stands to grow by another 27 million by 2030. About 36 million current older drivers still hold valid licenses, and about 80 percent of them live in car-dependent suburbs or rural areas—not cities with public transit.4 Chairman of the House Transportation Committee, Ron Villanueva, recently had the opportunity to test drive several autonomous and semi-autonomous vehicles. This is what he had to say: “Virginia is in full-throttle mode when in it comes to transportation innovation. We’ve made investments in many transportation sectors: construction and maintenance, the Port of Virginia, airports, rail and public transport. But there is an equal amount of attention focused on transportation safety and technology, which includes automatic vehicle systems. Collaborations with Virginia Tech’s Transportation Institute, VDOT, the auto industry and various transportation sectors have produced advancements in road construction materials, signage and markings. These advances make our roads safer for our citizens.

For mature drivers and permitted disabled drivers, autonomous and semi-autonomous vehicles will help make their driving more efficient and safe and provide welcome mobility and independence to citizens who might otherwise find their transportation options very limited. However, public policy and legislation surrounding these innovations is still being developed; we must ensure that when these new vehicles are on the road the safety of the public is paramount.”


By Beth Hester

[To read this complete article view page 54 in the Jan/Feb 2017 edition of Lynchburg Living]




Heart & Sole

Lynchburg’s Legendary Barefoot Team Inspires New Film

On New Year’s Eve 1926, 600 people gathered at the Lynchburg fairgrounds to watch the Shoeless Wonders football team, made up of boys from the local Presbyterian Orphans’ Home, take on the Steam Rollers, a squad from the city’s Fort Hill neighborhood.

The well-publicized game, initiated by a challenge from the Steam Rollers, has been called “the most memorable game ever played by the Shoeless Wonders.”

According to one newspaper account, late in the third quarter, Shoeless Wonder James Dunnett—playing barefoot, as the team had since 1922 [see sidebar on page 45]—picked up a Steam Rollers fumble. He ran 97 yards, scoring the only touchdown of the game.

The Shoeless Wonders would go on to complete an eight-year winning streak, including six years of shutouts. Over the years, the team appeared on a Universal Pictures newsreel and in newspapers from as far away as Shanghai. They were featured by Ripley’s “Believe It or Not” and the New York Times.

The story of the Shoeless Wonders is a story of brotherhood, finding family, and—of course—football. It’s a story that, since its beginning, has been made for the movies. Soon, that story will be told in a feature film written, produced and shot in Lynchburg.

In the fall of 2017, Lynchburg-based production company Life Out Loud Films plans to start filming Shoeless Wonders, a movie based on the Presbyterian Home’s legendary football team.

In particular, it will tell of that storied New Year’s Eve game and the months leading up to it.

Led by producer and creative director Sara Elizabeth Timmins, Life Out Loud also is the company behind Lake Effects, Wish You Well, and the just-released Coming Through The Rye, starring Chris Cooper as J.D. Salinger.

The story for Shoeless Wonders was written by Timmins and Charlottesville-based casting director Erica Arvold, who cast Big Stone Gap and other films. Award-winning screenwriter and Lynchburg resident Rebecca Rogers Nelson wrote the screenplay.

The movie will be filmed at various Lynchburg locations, including the Presbyterian Home campus, now known as HumanKind. According to Timmins, there will be opportunities for area residents to fund, work on and appear in the film.

“Those are aspects that make it unique,” Timmins said, “and when this movie is made it’s only being made because of Lynchburg and the community coming together, and that’s a big part of the story, in my opinion.”

Timmins, who grew up in Ohio, first heard about the Shoeless Wonders three years ago, shortly after she moved to Lynchburg from Los Angeles. An executive from HumanKind called her with an idea for a movie.

“They had a story they thought would make a great film,” Timmins said, admitting that while she hears that from a lot of people in her business, something told her not to pass this up. “I met with them, heard the story, and immediately my gut and my heart said, ‘You have to tell this story.’”

Originally, Timmins said, HumanKind was looking for advice about how to pitch Shoeless Wonders to a larger studio, like ESPN or Disney. It took Timmins a couple more months to convince them to let her take the reins.

Using an independent company would not only give the movie a better chance of being made, Timmins said, but it also would “make sure the story was authentic” and “keep the impact local, not just through the message of the story, but through the production.”

Timmins describes Shoeless Wonders as “inspired by real events,” saying that like a lot of movies based on true stories, there are composite and fictitious characters, and storylines that originate with more than one person.

“For me, the biggest challenge in telling a story that’s inspired by real events is you hope that at the end of the day you’re able to tell a story everybody involved is proud of,” Timmins said, adding that the goal is “authenticity of the real story while providing a film that audiences will be driven to watch and be inspired by.”

While the movie will be set in the 1920s, for example, many stories incorporated into the screenplay came from Shoeless Wonders who played in the 1940s and 50s.

“Hearing the stories of these actual Shoeless Wonders from the later time period is what we based a lot of our personalities and storylines on,” Nelson said, adding that while some still struggled with memories of being sent to the Presbyterian Home as children, “they’d light up when they talked about football and sports.”

One of the real-life stories that found its way into the screenplay is that of Cliff and Shirley Thomas, who both grew up at the Presbyterian Home. Cliff, there with two older brothers and a sister, played for the Shoeless Wonders in the 1950s.

He remembers the first game he took the field for the team. As he describes it, he was 8 or 9 years old and “knee-high to a grasshopper.”
After the kickoff, Cliff said, he “took off down the field,” running toward the opposing team’s receiver. To his surprise, no one blocked him, but he soon found himself facing the boy with the ball and thinking, “Uh oh.”

“I wrestled him to the ground one way or the other,” Cliff, now 74, said. “My head was sort of spinning once I got up. I went back to the huddle and [Coach Joe] Blackburn said, ‘Who got that tackle?’ I said, ‘I got it.’

He couldn’t believe I got the tackle.”

For boys at the Presbyterian Home, playing for the Shoeless Wonders was a rite of passage. Cliff’s older brothers, Glen and Jimmy, played, too. “I wanted to play, because if you were at the Presbyterian Home you played Shoeless Wonders football,” Cliff said, “and I always looked up to both of them.”

Both Cliff and Shirley were sent to the Presbyterian Home after their respective parents divorced and could no longer take care of them and their siblings. “They told us we were going on a two-week vacation,” Shirley said of her and her younger brother. “It ended up being 11 years, but it was the best decision that they made.”

Cliff, who like Shirley had grown up in poverty and without indoor plumbing, agreed. “We hit pay dirt,” he said.

Without giving away too much, Cliff and Shirley’s sweet story of young love inspired a subplot in the movie. Despite the fact that boys and girls were separated, except at the dining hall and swimming pool, the pair fell in love.

As Cliff puts it, “She was a pretty girl in a bathing suit.”

This past Thanksgiving, they celebrated their 52nd wedding anniversary.

“I got a turkey for Thanksgiving Day,” Shirley said jokingly of the man she calls “Sugar.”

Asked what he thinks about the Shoeless Wonders story being made into a movie, Cliff said, “It think it’s wonderful. It’s a good story, and you can’t tell the story without telling the story of the home, too, which was a really great place to grow up.”


By Suzanne Ramsey




Tiny House Fever

A Glimpse into the Social Movement

Instead of thinking big, more and more people across the country are choosing to downsize their living spaces. The average American home is around 2,600 square feet; the typical “tiny house” ranges in size between 100 and 400 square feet. In our area, Dusty and Ashley Foster set out to embrace the social movement and even caught the eye of a television show. While zoning issues have kept them from living in their tiny home for now, the couple and their experience is a lesson to all of us on how to choose quality over quantity.

The Fosters used to travel with Children of the World, the child sponsorship program and extension of World Help, a local humanitarian organization. As team leaders, they traveled for over two years living in a Fifth Wheel Camper. When they finally came off the road, they began to make plans for a more permanent dwelling. The Fosters were most comfortable with a small, compact space since that is what they were used to.

Since an RV takes a lot of maintenance and can’t be altered to reflect their personalities, they opted to build a tiny house instead. It helped them achieve their dream of building their own home and was an efficient way to stay within a budget.

Once the Fosters officially decided to build a small house, Ashley got in touch with the television show “Tiny House Nation.” After going through the application process, they were accepted and signed a contract with the FYI Cable Channel. With television cameras rolling, the couple built their tiny house over the span of just three weeks.

Since Dusty owns a home remodeling business, building the tiny house himself was only a natural progression for this young couple.

“They filmed it all. We built it,” Dusty said. “We built it from the ground up. We were the contractors, roofing and electrical—the whole family was out there working. We could have saved a lot of money, but we wouldn’t be where we are today without the show. We spent more because we did it in such a short time frame. It’s supposed to be our home, so we really had to go all out. It’s a very nice, upscale tiny home for a fraction of a bigger [home].”

When the Fosters started the building process, they purchased home plans based on a layout they liked the best that would accommodate sleeping up to six people. The entire house is only 310 square feet; it’s 28 feet long, 8.5 feet wide and 13 feet at its tallest point.

With limited space, they found ways to maximize every inch throughout the house. Since they enjoy cooking, they made the kitchen a priority and installed a huge kitchen sink, decent-sized apartment fridge and a five-burner gas stove and oven. They were able to do a trade out for their granite countertops in the kitchen thanks in part to the television program. Underneath the cabinets they installed Mason jar lids that screw into the upper cabinetry base, holding common pantry items such as nuts and chocolate for easy access. Their small space is equipped with all the essentials including a washer and dryer combination unit. There are even two loft spaces in the house that function as both bedrooms and a sitting room for reading or watching TV. By enhancing the footprint they have, the guest loft bed turns into a couch when they push a lever, utilizing the area not just for a guest bedroom but for watching movies and escaping from their two dogs. The bathroom door is a barn door that slides to cover a bookcase, maximizing both vertical and horizontal space.

“It feels like a regular house to us,” Ashley said. “We utilize every nook and cranny. We’re constantly thinking of ways to improve that.”

The couple admits there are challenges to living in a small space. There is limited storage for items such as clothing. Tiny homes also have to be cleaned more frequently since dirt and clutter are more noticeable.

When the Fosters consulted with the television program about the layout and design of the house, the network asked for their design desires. The couple’s preference for the interior was that the house reflect the outdoors. They achieved this aesthetic by installing wood-paneled walls, airy, fresh accessories and nature-inspired colors (teal, light aqua and sky blue) that are much like the wide open skies that Dusty flies as a pilot.

While prepping to be on the television show, the Fosters gave the network a certain amount of money for some of the furnishings and finishing touches, including accessories like bedding. Then the network staged the house for a surprise reveal. There were many aspects that were a complete surprise to the Fosters during the reveal, reflecting their true reactions.

“The main perk was we were able to do trade outs on the windows, insulation, floors, cabinets and countertops,” Ashley said. “We didn’t pay the full value, just taxes on trade outs.”

Though the Fosters did much of the design themselves, program staff lent their expertise. While consulting about design, the producers wanted to know if they could “go wild” decoratively or if they preferred to keep things within a normal design. The Fosters told them that on the outside, they could go as crazy as they wanted, but on the inside, they wanted a clean, rustic, natural aesthetic. On the exterior, they built the house with a shed roof to maximize head space instead of an A-shaped roof. Then, they wrapped it in sheet aluminum to reflect an old polished war airplane—something dear to Dusty’s heart as a pilot. From the side, it even looks like an airplane wing.

Incorporating aviation elements throughout the house reflected the Fosters’ personal interests. Ashley is a professional advisor for Liberty University’s School of Aeronautics. Dusty has a bachelor’s degree in Aviation Maintenance and is currently a student with Liberty’s aviation program. Some of the more creative aeronautic details magnified throughout the space include a pilot tube for a toilet paper holder, a Magneto Box from a 1940s AT21 Gunner as their kitchen light switch and an airplane propeller as their ceiling fan in the main living area. Taylorcraft airplane elevators from a little airfield in North Carolina were used for the upstairs loft railings.

A wing rib was used as a decoration on their guest loft wall, and an altitude indicator became a decoration built into their moving stair case, which was designed to look like an airplane stewardess cart.

“There are so many little things that speak to who we are inside the house,” Dusty said.

The Fosters always intended the house to have a permanent location, so after building the house on wheels while airing on “Tiny House Nation,” they tried to find it a permanent home. In most cities, tiny houses are hard to classify—they are not mobile homes or RV’s. They are built to last like traditional houses by using traditional building techniques and materials with aesthetically similar designs to larger homes. These homes are built to the standard of a permanent house, but many times building committees don’t know what to do with them. To be a legal residence, the house needs to comply to all international resident codes, which means the home needs a permanent foundation, it needs to be connected to permanent power and it should have running water at all times.

As the Fosters searched for land, they ultimately found a location with a house already on the property that is 10 minutes from everything and inside Lynchburg city limits. But when city officials found out about the tiny house, the couple was told they had to move it off the property unless they made some big changes.

“They told us, ‘In order to keep it there, you have to put it on a foundation,’”

Dusty said. “So we started going through the process of that and started to realize that to do everything they said, it was going to cost us close to 10 thousand dollars to put it right where it’s at.”

Unable to justify that expense since both Dusty and Ashley are back in school, they are now trying to sell their tiny house.

As this issue went to print, they were working with one interested buyer, but no deal had been finalized. If a sale doesn’t happen, Dusty says they may reconsider putting the tiny house on a foundation.

Despite the discouraging ending to their tiny house story, Dusty and Ashley are trying to stay positive about the entire experience.

“It brought people together. It brought my family together,” said Dusty. “So much work went into [the house], so you hate to see it go,” he said.

For more information about Dusty’s Home Repair business, contact him via: dustyjfoster@gmail.com.

Heather’s Helpful Hints For Your Home:
Maximizing small spaces in tiny houses, apartments or lofts.
1. Re-think Walls: Retractable curtains can create privacy in small spaces without the commitment of walls. Avoid partitions when possible in tight areas. Open floor plans create the illusion that a room is larger than it actually is as long as clutter is contained.

2. Make Rooms Versatile: No space should be given just one function. By using all of your space for as many purposes as possible you can achieve a home office, dining room and guest bedroom all in one area.

3. Look Upwards: Installing floor to ceiling bookshelves or cabinetry is an excellent way to utilize space and create additional storage. Floor to ceiling shelving can also generate effective storage for more than just books—it can hold dishes, clothing or baskets to organize items. Open storage draws the eye upwards and forces you to live organized since everything is so visible.

4. Let in the Light: Skylights and windows bring in natural light, making a home feel larger. Light colors and carefully selected lamps or task lighting can make a space feel more open and expansive. Strategically placed mirrors can increase the visual size of an area and semi-opaque materials allow light into windowless rooms.

5. Invest Outdoors: Design an outdoor living space to add the feeling of square footage without the cost of a lot of building materials. Patios, decks, porches or a gravel oasis can function as an extra room, adding to the value and footprint of your home’s livable space.
Heather Cravens is a Lynchburg native with over 10 years of experience in the interior design industry, including owning Becoming Designs. Heather is passionate about creating environments that inspire and build families through the hospitality of their home. She mirrors that passion with her own family by spending time with her husband, their two-year old son and their newborn baby girl.


By Heather Cravens
Photography by Tera Janelle Augh




Person of Interest: Ramon Misla David Jan/Feb 2017

Occupation: Student

You stay very busy for someone so young! Let’s start with your education path at Liberty University.
I am a junior at Liberty University. I’m pursuing a major in Biomedical Sciences with a minor in Psychology. I’ve taken major sciences including Genetics, Cell Biology, Organic Chemistry, Anatomy and Microbiology. Liberty University has been a stepping-stone to where I am today.

Aside from those demanding classes, you started an LU chapter of the Foundation for International Medical Relief of Children (FIMRC). How did that come about?
This started during my last summer research internship. At the end of the internship I went to the NIH campus in Bethesda, Md., to present my research. There I had the opportunity to meet other students from around the nation. One of them had been a part of the Harvard FIMRC chapter. After hearing more about FIMRC from her, I realized this was an organization I wanted to be a part of.

Why do you have a passion for international medicine?
Being from Puerto Rico, studying here in the mainland U.S., and interacting with international students have helped me realize that there certainly is a need for improved healthcare in many parts of the world, including the U.S. As an aspiring physician and Christian I want to do my part in providing this care.

You completed not one, but two internships with the National Institutes of Health (NIH). Getting one of those couldn’t have been easy!
Yes, it all started freshmen year during a meeting with a professor from the Eagle Scholars Program at Liberty University. He challenged me to apply to a competitive internship for the summer. I found the NIH’s STEP-UP Program and at first I was actually scared of applying. It was competitive and I felt I wouldn’t get in anyways. It certainly took a lot of time, effort, prayer, and motivation. However, I knew this was something I wanted to do.

And one of those internships put you in the national spotlight. Tell us about your PTSD research.
For both summers I researched at the Ponce Health Sciences University under the topic of Fear Conditioning and Extinction. Basically, the lab uses an animal model to study the fear pathway, mimicking PTSD. For my research, we lowered the expression of a protein previously linked to PTSD called FKBP5 in the ventral hippocampus (involved in memory formation).

Our project showed that these lower levels lead to more fear that was harder to extinguish than the control group. Similar to what is seen in PTSD. Along with all the research done in the lab, this can shed more light on how PTSD works.

Once you leave LU, what’s your plan? Do you have a career goal?
I know I want to go into medicine. I am currently considering pursuing either an M.D. or an M.D./Ph.D. Eventually, my goal is to treat patients, and I like the idea of doing some research as well that could go on to help more people.




No Knife Necessary

Try the Tender Filet and Crab Cake at Shoemakers American Grille

While it’s easy to get a thrill from the shiny new hot spots popping up along Lynchburg’s Bluffwalk, there is something to be said for the timeless appeal of a local favorite that can be relied on for its classic dishes and elegant ambiance. Since 2007, Shoemakers American Grille has been serving up the finest steaks, freshest seafood and tempting desserts to Lynchburg residents and beyond.

Go all out and order one of the most popular dishes on the menu, the filet and crab cake. On a recent visit, the Midwestern beef is prepared to perfection—medium rare.

It’s so tender there is no use for the accompanying steak knife. The delicate crab is Maryland Blue, and the cake is seared with a panko crust. General Manager Jen Reilly suggests this luscious combo would be perfectly paired with a glass (or two?) of BR Cohn Pinot Noir or Trefethen Cabernet.

If you have a sweet tooth and a little more room, Jen tells me the Chocolate Blackout Cake “is the richest, most decadent chocolate cake” she has ever had. It is the perfect way to finish your meal. If you’re not in the mood for chocolate, she recommends the cheesecake. Executive Chef Roger Murphy is from New York and promises, “It is wonderfully authentic!”


By Rachel Dalton




Artist Profile: Bobby Fuller Jan/Feb 2017

Title: Artist and Handyman
Awards: Best in Show, Academy Center of the Arts Juried Art Exhibition (April 2015)

Before we jump into your current life as an artist, tell us a little bit about your childhood.
I grew up in Virginia Beach, in Norfolk—around those areas. Just a poor kid from the inner city. I did horrible in school—failed at everything. I dropped out in 7th grade and went to work like most kids do where I come from.

You are becoming well known in Lynchburg for your sculptures made from recycled materials. Do you remember the first time you turned “trash” into treasure?
Since we were poor, I didn’t have toys. I would go into the trash and find things and make them. I remember being 4 or 5 years old. I had a G.I. Joe guy, but I had no vehicle. So, I found some toilet paper rolls and made my own tank.

At what point along the way did you realize your pieces were not just a hobby—but an art form?
It gradually evolved. It started with toys, then I started building bigger things as I got older. I built houses for people, then built cars. And it kept growing.

And you had a handful of jobs over the years that helped improve your craft?
Right. They were all construction and labor-type jobs. Interior and exterior work on homes. Landscaping. My art really does come from my work.

How would you describe your career now?
I’m a full-time handyman and artist. I just do what I do for the day—always something different. For about seven years, I’ve been committed to my art. I work as a handyman for the minimal amount of hours I can to eat and pay the bills so I can keep making art.

Tell me about a few of your favorite pieces.
Well, the horses I make are the best sellers. But for me, I don’t have one certain piece that’s my favorite. I put part of myself into my art so each piece has meaning and is original and is important to me. Even though they are made from trash, I treat them like they are glass.

How long does it take to complete each piece?
It just depends. I’ve had pieces take anywhere from a week up to three months. Depends on the size. And sometimes it takes so long because I have to find the right element to add to a piece.

What is your favorite “medium”? What inspires you?
None of them… and all of them. All of my sculptures are built from my imagination and dreams. I call myself a “magnet to media” because the things I need to make a sculpture just come to me.

You have a nickname “Bartertown Bobby.” Can you explain where that came from?
It has a lot of meaning. To start with, it’s my stage name… my name as an artist. The meaning is…I’m a drifter and a wanderer. I’ve never really had a home or have been accepted. I wanted to have my own town so I created one. Kind of like a place where I’m welcome and people like me, even if I’m the only one.

You have a unique lifestyle to go along with your unique art. Can you explain the story behind the teepee at your house?
I live in that teepee. Most of my art comes from thoughts of my childhood and my imagination so I try to apply that to my life. A teepee is what every boy wants to live in. I also have Native American lineage, and I enjoy having contact with nature and the environment.

Moving forward, are there any other types of art you want to learn?
I want to taste all flavors. I want to try all types of art. I have a million plans. Street art is one of them. I’m also interested in starting up mobile art galleries. I really want to show people that it’s all right to be an artist and take a chance on yourself.

What’s next for you in your journey?
More participation in the community. Taking part in the community as an artist and as myself, trying to be accepted and show acceptance. It’s not about the money, not about things I can sell but about giving from the gift. I hope to show that you can make a life from art, by living my art and all the aspects of it.

How can readers get in touch with you?
They can call or text me at (434) 544-1182. I also keep in touch with the community on Facebook and on Instagram (@barter_town_bobby).




Top Lawyers 2016-2017

Typically, when you need a lawyer, it’s not for something good. From divorce to bankruptcy, lawyers help individuals and businesses through some of their most difficult times. If the time comes for you—who do you call?

Top Lawyers of Greater Lynchburg is a comprehensive list that is a service to readers, giving them a lawyer’s perspective regarding the top lawyers in over 30 specialty areas. Using an online ballot, DataJoe Research surveyed 140 lawyers directly; each lawyer could vote for up to three lawyers in each category. Then, DataJoe reviewed and processed all ballots, checking for signs indicative of cheating. A total of 337 lawyers were nominated. Lawyers with the most votes in each category made the list.

On the following pages, learn more about the top three adoption/marital/family lawyers along with an in-depth look at the challenges in the adoption process. You will also find the complete Top Lawyers listings and informative profiles about lawyers in the region.





Editor’s Letter Jan/Feb 2017

I can’t recall ever making a New Year’s resolution. It’s not that I’m perfect; there are plenty of ways I could improve myself. (Just ask my husband.) But the whole idea of waiting until a certain day to make a change? I’ve never been a fan of that.

However, there is something about the start of a new year, when I go to write a new date on my checks, that makes me change my overall outlook. (And, let’s be honest—I’m probably going to write 2016 until at least March.)

Anything is possible. I think to myself, “Maybe this could really be my best year ever.”

This issue is all about being the best, starting with the much-anticipated results of our Best Of Lynchburg contest. I’m still floored over how many votes were counted on our website—165,452! Starting on page 93, flip through to see who took the gold in dozens of categories—restaurants, shops, area leaders…you name it.

If your goal is to downsize in 2017 (especially after the typically-greedy holiday season), you will be very impressed with the Fosters in our Home department who decided 310 square feet is all they needed. It blows my mind! We will walk you through their tiny house adventure starting on page 29.

Another popular resolution: a pledge to finish what you start. I’m guilty of trying out a Pinterest project and quitting halfway through (usually after a few expletives, too). In our Art department, we introduce you to Rivermont Makery—a place where DIY is not so intimidating! And you can get started immediately with a special craft for your front door on page 26.

Make your marriage the best it can be this year by setting aside some time for a special trip, just for the two of you. If you’ve always wanted to visit Homestead Resort in Hot Springs but weren’t sure, writer Jeremy Angione spent a couple of days there checking it out. Read about his experience on page 154.

And maybe this is the year you finally branch out in the kitchen and deviate from the same ol’ spaghetti or chicken casserole. Intimated by oysters? Think they’re too fancy for you? Don’t worry; you have plenty of company. Our new Taste editor Rachel Dalton caught up with several local chefs to give you some confidence. Check it out on page 159!

Whether you have a list of resolutions or zero, here’s to starting out 2017 with a positive outlook. I truly hope it’s your best year ever!

Shelley Basinger, Managing Editor
Shelley@lynchburgmag.com




Omni Homestead Resort

A Firsthand Experience of Virginia’s Iconic, Historic Hotel

It was a particularly cold night the evening I drove to the Omni Homestead Resort in Hot Springs, Va. It was a beautiful, scenic drive—the mountains and rural towns of Bath County acting as a precursor to heighten my anticipation. Finally, around a bend I could see the resort in the distance. It was dark, but the lawn and resort were intricately decorated with Christmas lights. The sight was overwhelming; I knew my stay would be memorable.

When I stepped into the thankfully very warm lobby, I admit, the long hall adorned with columns and fireplaces was a little intimidating. It was equal parts shopping mall, fine dining, fancy estate and hotel. It felt like something out of a movie; something I might not be fit for. The staff, with their warmth and attention, assured me otherwise.

The Homestead is, at times, a place where you may feel underdressed in your Sunday best. But, that’s all right. Because, for every luxurious amenity, there are plenty of homey touches that encourage relaxation.

Whatever your background may be, Homestead Marketing Manager Eileen Judah assures that there are several draws to make the resort a personalized experience. “It’s very flexible.”

The History
About 10 years before the ink dried on the Declaration of Independence, the Homestead opened to the public in the rural town of Hot Springs. The resort just wrapped a full year of activities and events to celebrate its 250th anniversary.

Hot Springs is named after the earthy springs that were staples of the area, drawing the likes of political figures such as Thomas Jefferson and Robert E. Lee.

The Homestead proudly displays its rich history—from the Jeffersonian architecture to the daily history tour. The South Parlor is surrounded by painted panels displaying imagery that tells the story of the Homestead’s many milestones, starting with its founding in 1766 to the fire of 1901 that lead to much of the current building you see now through reconstruction.
Homestead Historian Keene Byrd—a man with a dry delivery, accompanied by a surprisingly cheeky sense of humor—is an expert on the lodge’s past.

“So much history happened here in this one place,” Byrd said.

Byrd says the springs were the height of the Homestead’s activities in the 1800s, but the traditions of the time demanded men and women enjoy them separately. Different color flags were used to indicate which gender was currently soaking. According to Byrd, sometimes pranksters would switch the flag colors causing embarrassing results.

Byrd also showed me the lobby bar that had walls covered in portraits of American presidents who have visited the Homestead during their time in office. Over the span of 250 years the expansive resort has built an impactful legacy, that fire or time seem unable to mar.
“We must be doing something right,” Byrd said.

The Celebration
In an age of trends, technology and businesses with shrinking life spans, the milestone of 250 years—older than America—is nothing short of remarkable. And the Homestead celebrated that anniversary in a grand fashion.

“We started planning our 250th anniversary a couple of years ago.

We had a very long list of ideas,” Director of Marketing and Communications Lynn Swann said.

Those ideas manifested themselves in several unique ways, big and small. For instance, the bakers were challenged to create a different cake recipe for every day of the year. The initiative brandished the fun slogan, “A historic anniversary that truly takes the cake.” Additionally, every month had its own theme. For example, January celebrated associates (staff), while February focused on presidents.

Swann says they even used the 3 p.m. tea time as an additional opportunity to celebrate the anniversary. A guest suggested the time be changed to 2:50 p.m. Swann was amused they had not thought of it.

The Staff
According to Swann, the Homestead is staffed with roughly 1,100 associates during its peak seasons, the holidays and summer.
The staff help to provide what Swann describes as “genuine southern hospitality.”

“The associates are the core of who we are,” Swann said.

Some staff members follow a legacy of family members who have served the Homestead for generations. Those Homestead mainstays—
often remembering names and even food orders—are cherished by the guests.

“Guests come back, and they form bonds with our associates.

It’s almost like a reunion of sorts,” Swann said.

Kenny Gwin is a perfect illustration of the legacies some associates share with the Homestead. He has worked at the resort for 46 years, and his family has worked at the Homestead for three generations.

Gwin, dressed in all white and covered in paint, spoke softly but passionately during our interview about the resort and its positive impact on his life. He stated that he had nothing but good to say about his workplace and home, the “old girl.”

“Me and the ‘old girl’ [have] been together a long time. She’s an old girl, but she’s a beautiful girl. She’s seen her times, she really has,” Gwin said.

The Experience
It is quite the task to attempt to experience everything the Homestead has to offer. Even more challenging is remaining concise while trying to describe it all. The Homestead boasts more than 2,000 acres, 483 guest rooms, and over 30 activities for guests to discover.
When I found my room, I was awestruck. It had all the perks you’d expect at any hotel, but touched with Homestead’s unique brand of colonial warmth. The attention to detail was refreshing.

My first evening there was little time to rest, as I had a dinner reservation at Sam Snead’s Tavern—a quaint and subtle eatery nestled away from the main resort site.

The tavern honors Snead, Bath County local celebrity and the Homestead’s own golfer extraordinaire. The meal and the atmosphere were a little closer to what I’m used to, with a simple menu and rustic aesthetic you would expect in a sports bar. French onion soup, fish and chips, and one big cookie were my company for the night, as I feasted like a very modest king.

The next day, I was treated to a breakfast buffet that was almost as extensive as the resort itself. This day was particularly exciting, as I experienced a few of the Homestead’s many activities. My choices: horseback riding, a much-needed massage afterward, and a trip to the resort’s unique spa area, the aqua thermal suite. The suite houses various, unique spa treatments including aromatic steam rooms, a chilling mist room, and experiential showers that combine light, sound and temperature to create the feel of a Caribbean or Atlantic storm.

Throughout my day I enjoyed my experiences alongside other guests and families and got a chance to chat with them about what brought them to the resort. For many, the Homestead is a family tradition. Others were exploring the resort on a tour to plan a future trip. Some were simply in town on business or said they visit to see the leaves change.

“This is also sort of that grand, old-fashioned, American family vacation,” Swann said.

Whatever the reason for their stay, all agreed that the Homestead was a unique place with a special environment.

“It’s just really nostalgic in a weird way,” businessman Matt Childers said.

Before I would leave in the morning, I had one more dinner to attend at Jefferson’s Restaurant. Although the menu seemed high class, it was comprised of several meaty dishes that appealed to those unique American sensibilities. The meatballs and a braised lamb stew were delicious and so well presented that I could not help but take a few photos.

On my last morning, a particularly sunny day, I did some exploring, ate as much of that breakfast buffet as I could, and attended the Homestead’s history tour.

I was thankful for the weather because when it was time to leave, I was able to take in the amazing view of Bath County, home to a one-of-a-kind destination full of history and culture.


By Jeremy Angione