Local News
Unfair Government Harassment? – Local Grief with the Planning Department
Overlooking the Mendes farm
In an exclusive interview with Nelson Mendes, Royal Examiner reporters learned of a history of possible harassment from the County Planning Department targeting Mendes and his next steps to move forward with an appeal.
Nelson Mendes came to Thunderbird Farms to fulfill a dream of owning and operating a tree nursery. Seeking a quieter life from the Northern Virginia area, Mendes and his wife obtained land, cleared trees and started working. Two buildings, storage garages, were already on the property when it was purchased. A hoop house, a kind of temporary greenhouse, has been constructed to aid in the growing of young trees. The large garage has been on the property for four years, and the small garage has been there for three and a half years. In all that time, these structures where not cited for violations.
Then problems came out of nowhere.
The difficulties started when a neighbor complained about Mendes clearing trees from the lot. Mendes claims that this shouldn’t be a concern, as he has agricultural plans for the land. He is using it to grow trees after all.
Mendes didn’t believe he needed a land disturbance permit because his property was agriculturally zoned; however, when he realized he would need one and turned to the county the real trouble began. Mendes was denied his permit because he needed to go through a “thorough review process” which included an erosion and sediment control plan. This led to frustrations as Mendes was cited again and again for buildings which did not follow this erosion and sediment plan, most of which pre-existed Mendes’s ownership of the property.
When the Department of Environmental Quality (DEQ) was sent to review Mendes’s property, they deemed the erosion and settlement plan unnecessary as the land was already safe against erosion. The head of the County Building Code Department, David Beahm, attempted to overrule the State ruling but was shut down by a DEQ supervisor. Mendes proceeded to move forward with working his farm; however, on January 16, 2019, Mendez received a letter of violation from the County Building Code Department on all his structures.
One of the issues was the dock, another structure previously built on the property. Mendes had added a small ramp for launching kayaks and canoes which raised issues. Mendes was reported to the Virginia Marine Resource Commission (VMRC) for the violation concerning the ramp, but again, as with the DEQ, the supervisor at VRMC found no problems with the structure.
Mendes, under the advice given to him by the County Planning Department, filed for several agricultural exemption for the properties that were cited as violating the zoning ordinance. Per a Zoning Determination Letter sent to Mendes on May 1, 2019, the Zoning Administrator found that his Agricultural Exemption Applications, which would have exempted him from obtaining a “zoning permit” were not approved because they lacked residential building permits for the garages and the hoop house.
At this point Mendes began seriously questioning the motives of the County Department and its aggressive nature towards his pursuit of tree farming. Mendez contacted the previous owner, a lawyer, who began to investigate. Since purchasing the property, Warren County officials have referred Mendes’ property to third-party regulatory agencies (DEQ, MRC, FEMA) on three occasions. Two out of three of those occasions resulted in agencies finding that Mendes did not need to take any further action (i.e. DEQ and MRC) whereas FEMA merely required that Mendes install flood-vents on his structures. So why, Mendes wondered, why was he being targeted so harshly.
Mendez researched and determined that his properties were, to the his best understanding, not in violation of any codes established from the state level down to the local. The county website specifically stated that buildings in an agricultural zone and used for agricultural purposes did not require permitting he was told he required. WCC § 180-21 under section A of General Legislation, states “In addition to agricultural pursuits, any one of the following uses is permitted by right on each lot or each tract or combination tracts in the Agricultural District.” Due to the fact that the Mendes property is zoned Agricultural, this regulation, or lack thereof, would appear to apply. In addition, the previous owner had already been approved for one of the structures; a 500 square foot garage.
Seeking information by his right under the Freedom of Information Act (FOIA), Mendes found that in the original letter of violation, his property was part of a county-wide flood plain observation. When he inquired how many properties were involved under this observation, he learned his property was the only one cited with a violation. In fact, Mendes has been the only property charged for violating WCC § 180-16(F)(1)(A) within a six-month period.
Mendes also believes that some questionable actions occurred with the County listing his ramp as a violation. Due to the ramp being so small and his property being at a steep incline, the only way to even know the ramp was there would be to swim upstream or trespass onto the property. Even from the aerial photographs, the ramp is not visible unless you know to look for it. Mendes maintains Fourth Amendment search concerns related to this matter.
Other questionable charges include the request for flood vents on the hoop house and the garages. The hoop house is made of steel mesh and the garages have large open doors in addition to being anchored in concrete, making all three structures flood proof. These charges baffled Mendes.
Mendes is now seeking action by appealing to the Board of Zoning Appeals (BZA) on September 5. In accordance with the Right to Farm Act, he is fighting for his right to run his farm how he needs to run it under what his research has shown are within State guidelines.
When asked for comment, Mr. Joe Petty from the Planning Department stated that “From the Planning Department’s perspective, we’ve don’t nothing wrong. This is nothing personal against Mr. Mendes, we simply have a code to enforce and those standards apply to him as they would to anyone else.” Mr. Petty clarified the Planning Department’s side of the issue on several accounts. At the time that the initial letter of violation was sent to Mr. Mendes, his property was the only one being observed. However, since an August 1st meeting, over 50 such letters have been sent out to other properties in the flood plane. In addition to this, Mr. Petty clarified that much of the information gathered that brought violation charges on Mr. Mendes’ structures was obtained by use of the geographic information system (GIS) available to public viewing on warrengis.org. This would explain the Planning Department’s ability to cite structures such as the ramp without being on the property.
Mendes’s next step is a hearing that will contest the County’s requirements that Mendes build his structures to residential standards. He hopes this will lead to a change in the County’s aggressive approach towards him, as well as other businesses for building code enforcement.
Since the Royal Examiner interviewed Nelson Mendes, he has received additional FOIA information he requested from the County. His attorney, Tim Johnson, says it appears that upon a preliminary review it demonstrates that the Planning Department really did selectively target Mr. Mendes.
Even the other floodplain properties, including one other agricultural zoned property with non-permitted structures on it, went through a completely different process than Mr. Mendes: (1) received notices of zoning inspection; (2) had the property reviewed on-site by officials; (3) if any issues, THEN they received the notice of violation AND specific suggestions to be corrected.
Mr. Mendes was only ever cited with violations first, had officials come out to his property 3-4x with no clear guidance at each visit, then still be found in violation when he did do the one thing he was specifically told to do: install the flood vents.
If this case was really about ‘enforcing the code’, and the officials really had any concerns about the property, they had unlimited opportunities to meaningfully address those concerns and work with Mr. Mendes to resolve them to both his benefit as a well-intentioned property owner in Warren and to their benefit to ensure safety.
Whether or not Mendes’ appeal moves forward is yet to be seen, as more information has yet to be provided to the BZA. All will be made clear at the appeal meeting that will be held on September 5th.
Local News
POLICE: 7 Day FRPD Arrest Report 4/28/2024
Front Royal Police Department’s arrest report for the past 7 days:
Local News
VDOT: Warren County Traffic Alert for May 6 – 10, 2024
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 15, eastbound and westbound – Overnight alternating lane closures for pavement marking installations, 8 p.m. to 4 a.m. Monday and Tuesday nights.
*NEW* Mile marker 0 to 2, eastbound – Right shoulder closures for utility work, 7:30 a.m. to 7 p.m. through May 31.
*NEW* Mile marker 8 to 7, westbound – Right shoulder closures for sign work, 8 a.m. to 5 p.m. Monday through Friday.
Mile marker 9 to 7, westbound – Overnight right lane closures at Shenandoah River bridge for utility work, 8 p.m. to 5 a.m. through Thursday night.
INTERSTATE 81
*UPDATE* Mile marker 299 to 300, northbound – Overnight alternating lane closures for overhead sign repairs, 8 p.m. to 4 a.m. Monday night.
Mile marker 299 to 300, northbound – Right shoulder closures for utility work, 7:30 a.m. to 7 p.m. through May 31.
Mile marker 299 to 300, northbound and southbound –Overnight lane closures and traffic-lane shifts as needed, 8 p.m. to 7 a.m. through December 2024. Shoulder closures 24/7. Work zone speed limit: 55 miles an hour. Work is related to southbound acceleration ramp extension and bridge widening, with estimated completion in late 2024.
PRIMARY ROADS
*NEW* Route 55 (John Marshall Highway) – Flagger traffic control between Front Royal town limits and Route 647 (Dismal Hollow Road) for guardrail upgrades, 8 a.m. to 3 p.m. Thursday (May 2) and Tuesday (May 7).
*NEW* Route 340 (Stonewall Jackson Highway) – Flagger traffic control between Route 674 (Limeton Church Road) and Route 607 (Rocky Lane) for pipe replacement, 7 a.m. to 5 p.m. May 7 – May 14.
SECONDARY ROADS
Route 658 (Rockland Road) – Closed to through traffic between Route 340/522 (Winchester Road) and Route 705 (Fishnet Boulevard) for the construction of a bridge over Norfolk Southern Railway. Estimated completion December 2025.
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 or at www.511Virginia.org.
Local News
VSP Investigating I-81 Dump Truck/Sheriff’s Vehicle Accident
The Virginia State Police are investigating a two-vehicle crash on Interstate 81 in Shenandoah County. The crash occurred Friday, May 3, at 5:46 a.m. at the Route 646 overpass at the 292-mile maker of I-81.
A 2005 Kenworth dump truck was traveling north on I-81 when the driver accidentally engaged the dump bed, which raised it and caused it to collide with the bridge overpass. The collision caused the dump bed to detach from the truck, slide backward, and land on a northbound 2022 Ford Explorer, which was driven by a Frederick County Sheriff’s deputy.
The dump truck driver, Gaylon R. Miller, 71, of Toms Brook, Va., was not injured in the crash. He was wearing his seatbelt.
The sheriff’s deputy suffered minor injuries and was transported to Winchester Medical Center for treatment.
Miller was charged with reckless driving.
These photos indicate what a close call this deputy appears to have had. – Photos by Virginia State Police who authorize their publication.
(From a Release by the Virginia State Police)
Local News
WCSB Approves New LFK Principal; Accepts Scholarships for Baseball, Softball Seniors
The Warren County School Board unanimously approved the appointment of a new principal who will take over at Leslie Fox Keyser (LFK) Elementary School starting this summer and accepted baseball and softball scholarships being offered by the Front Royal Cardinals for four seniors attending Warren County Public Schools (WCPS).
Board chair Kristen Pence, vice chair Antoinette Funk, and board members Andrea Lo, Thomas McFadden, Jr., and Melanie Salins, during their regular meeting on Wednesday, May 1, voted 5-0 to have Jennifer Cameron appointed as the LFK principal effective July 1.
School Division Superintendent Christopher Ballenger (right), on May 1, introduced School Board members to Jennifer Cameron (left), the new 2024-2025 principal at Leslie Fox Keyser Elementary School.
“Ms. Cameron is an experienced educator and leader in Warren County,” said WCPS Superintendent Christopher Ballenger in recommending her appointment to the School Board.
Previously, Cameron has taught as a fourth- and fifth-grade teacher and has experience as a literacy coach who supported grade-level teachers in her school building, Ballenger said, adding that as an administrator, Cameron has served as the dean of students and as an assistant principal.
“During her years of service, Ms. Cameron was selected as the Rotary Teacher of the Year in 2008 and was the [WCPS] Elementary Teacher of the Year in 2015-2016,” he added.
As a leader, Ballenger also said that Cameron has been integral in transforming E. Wilson Morrison Elementary School and has served as the chair for the division’s Attendance Committee for the past two years.
“Ms. Cameron is a great fit for LFK, and I know that her skill set will continue to move LFK forward,” said the superintendent.
Following the board’s vote, Cameron told board members she was honored to accept the LFK principal position and said she’s excited to rejoin the Lil’ Cat family.
“Thank you for entrusting me with this opportunity to nurture young minds and to foster the continued excellence of LFK,” she said. “I look forward to working with you to continue the path to excellence at Warren County Public Schools. I’m truly humbled at this huge responsibility that you have entrusted to me, and I look forward to the coming school year and this new adventure that awaits me.”
In other action items, the School Board unanimously accepted four scholarships with gratitude from the Front Royal Cardinals and approved the donation of auditorium seating from E. Wilson Morrison (EWM) Elementary School.
Donna Settle, president of Front Royal Cardinals Baseball, a nonprofit organization that is part of the Valley Baseball League, said that as part of the group’s fundraising activities, the board will sponsor Little League for both girls and boys and will give back to the WCPS baseball and softball programs.
“This year, our board has voted to bring scholarships back to Warren County,” Settle told the board. “I know we’re a little late in the season, but we have enough money set aside for the scholarships for the 2024 student-athletes.”
There are four new $500 scholarship opportunities beginning with the Class of 2024 that are available for a Skyline baseball and softball senior who plans to continue their education and for a Warren County baseball and softball senior who plans to continue their education.
The School Board also voted 5-0 to permit two auditorium seats to be donated to Robert MacDougall, founding principal of Transform Development, a commercial landlord and developer based in the Shenandoah Valley.
Seating in the EWM auditorium, which is being renovated to provide an indoor facility for students and staff, has been removed and is set to go to auction. MacDougall offered a facility to store the auditorium seating until they could be auctioned.
With the School Board’s blessing, WCPS will now donate two seats to MacDougall, who will display them in the theater once its renovation is completed.
Regarding a request to have the Warren County Board of Supervisors (BOS) appropriate the fiscal year 2022 School Operating Fund Surplus, the School Board voted unanimously to table the item to a work session and FY2025 budget resolution.
Ballenger explained that the total fiscal year 2021-2022 school operating surplus is $973,098, and said it was being requested that the Warren County Board of Supervisors (BOS) appropriate $300,000 of the surplus to the School Transportation Fund that is held by the County and the remaining $673,098 to the School Capital Improvement Fund that is also held by the County.
The $300,000 designated for the Transportation Fund was originally included in the FY2025 Proposed School Operating Budget to purchase replacement buses and vehicle(s) but has since been removed contingent upon the funding appropriated to the Transportation Fund, he said.
Of the $673,098 requested for the County’s School Capital Improvement Fund, $40,000 was originally included in the FY2025 Proposed School Operating Budget to cover the repair/replacement of the chiller at Hilda J Barbour Elementary School and to upgrade the HVAC management systems at several schools. The remaining balance ($633,098) being requested for the Capital Improvement Fund would be requested at a future date for other capital priorities, such as the replacement of the tennis courts at the high schools.
As the budget process continues unfolding for both WCPS and the BOS, the School Board members agreed to work more on the item before taking action.
During the School Board’s community participation portion of its meeting, Leslie Mathews (above), a parent with two children attending Skyline Middle School, said that some of the School Board members are using the concerns expressed through emails by parents as “a crutch” for their own political motives. She called it a disgrace.
“I and we parents are only given three minutes a month [during School Board meetings] to get up here and express our concerns to you, or we’re told we can email you,” said Mathews. “But I no longer trust that method of emailing.”
Mathews, who last fall unsuccessfully challenged School Board incumbent Pence for the South River School Board seat, said “it’s such a disgrace for you as a public servant to go and encourage others to FOIA the concerns of parents who are not like-minded as yourself.
“So, therefore, our concerns are going public,” said Mathews, who didn’t name names. “If we want more positive in Warren County Public Schools, then we need to start at our leadership.”
Chamber News
Front Royal Welcomes CBM Team of Supreme Lending with Enthusiasm and Optimism
Front Royal, Virginia, celebrated a significant business merger that marks a promising future for local economic development. The CBM Team, a longstanding local business entity, has officially joined forces with Supreme Lending, expanding its reach and capacity to serve the community more effectively.
Nike Foster, Executive Director of the Front Royal/Warren County Chamber of Commerce, and Mayor Lori Cockrell welcomed the CBM Team to our community. The event underscored a vibrant community spirit and the potential for economic growth. Byron Biggs, Chairman of the Chamber, highlighted the merger as a symbol of positive evolution in the local business landscape. It is now poised to extend its influence beyond Virginia.
Mayor Cockrell shared personal anecdotes, reflecting on the profound local ties and the exceptional character of the individuals involved, particularly noting the entrepreneurial spirit of Cory Michael, a former student of hers and now a regional manager for Team CBM. Her words painted a picture of a community that values deep personal connections and collective growth.
The merger promises substantial benefits to Front Royal, bringing enhanced services and opportunities for home ownership that were previously out of reach for many residents. This union is a merger of two companies and a fusion of cultures and aspirations, aiming to enrich the local community while maintaining the cherished CBM brand identity.
Attendees left the event with a sense of excitement and anticipation for the future, confident in the continued prosperity and communal strength of Front Royal.
Local News
Congratulations to Warren County High School Seniors – Class of 2024
Royal Examiner presents the Warren County High School Class of 2024. Congratulations to these wonderful seniors on their hard work and deserved accomplishments! We wish you the best in your next big endeavors. Photos courtesy of Victor O’Neill Studios and Tolliver Studios, LLC.
If your Warren County senior is not listed, please send in their Name and Senior Picture to news@royalexaminer.com.
McKenna Adkins
Peyton Ahmed
Isaac Amor
Kristina Andrews
Seana Andrews
Diego Aponte
Dillon Arndt
Sydney Arndt
Dalton Ayers
Ebony Bailey
Marshall Barton
Shelby Bell
Kaydria Bennett
William Bergmann
Roberto Berrios
Hannah Bonner
Beatrix Boudreau
Arianna Bourgoin
Logan Bradshaw
Jeremiah Bright
Darnel Caison
Levi Campbell
Autumn Carofano
Joshua Carroll
Bradley Chaffin
Angel Chan
Jaclyn Clark
Jessie Clegg
Madison Clowser
Trenton Coffelt
Katherine Ramirez Colato
Nikolai Compton
David Miramontes Correa
Isaiah Cossio
Cash Cox
Joseph Cross
Alannah Deavers
Landon Deese
Connor Deisch
Palmer Dellinger
Marcellis Diamond
Raymond Dingess
Eliza Dorsey
Christopher Doyle
Lillian Doyle
Aiden Dunnet
April Lopez Escobar
Catherine Farley
Benjamin Farris
Caroline Feldhauser
Gabriel Ferris
Alaysia Flora
Jasmin Portillo Flores
Christopher Flynn
Silas Foster
Calyssa Foxley
Elijah Frame
Isabella Freiland
Madison Funes
Aiden Gates
Austin Grady
Matthew Grant
Elizabeth Greenwell
Kayla Haase
Sarah Hardin
Alexandria Harris
Delaney Haw
Brayden Heflin
Andrea Hernandez
Sophia Hill
Keandre Hogue
Anastacia Hrbek
Collin Huston
Emily Jackson
Kaleb Jackson
Jadyn Jeffries
Colby Jenkins
Kevin Todd Jenkins Jr.
Rebecca Jett
Lillian Johns
Anna Johnson
Skylar Keller
Olivia Kelly
Avayda Kemp
Alice Kent
Sofia Kozhenevsky
Camren Kyle
Riana LaFrenierre
Olivia Lambert
Vincent Lamendola Jr.
Joselyn Leyva-Gamez
Sophia Logan
Emma Lord
Phillip Maddox III
Blaine Mansour
Mackenzie Mardeusz
Jacob Martin
Blake McCarty
Sophia McCurry
Cameron McGee
Shawn McGinness
Luke McIntire
Titus Messineo
Jossue Gonzalez Miramontes
William Moreno
Christian Morey
Keyshawn Morgan
Spencer Nelson
Charlize Noel
Christian O’Donnell
Emily Oldland
Joseph Ortman
Veronica Pak
Jonathan Panciera
Italia Panzica
Brook Patton
Dragan Pead
Malachi Pinner
Steven Pugh
Blake Ramsey
Eric Rapp
Alaura Repass-Nardone
Brandon Reynolds
Lucas Riley
Xander Ring
Tyler Roan
Kierstin Robertson
Nicholas Robison
Samuel Rock
Caitlyn Rotenberry
Morgan Sajeski
Laney Schenher
Joshua Schneider
Kira Shaver
Bradan Shifflett
Molly Sims
Tristen Sine
Simon Skube
Destiny Smith
Marcus Smith
Brendan Snapp
Jacqueline St. Clair
Brady Strickler
Devin Swearingen
Morgan Sweeney
Robert Swisher
Kaley Tanner
Kaitlin Taylor
Madelyn Tennant
Zia Texier
Johnny Thomas
Aiden Thompson
Joseph Thompson
Eva Thornberg
Owen Thorpe
Jose Ulloa
Malcolm Vinson-Proctor
Alijah Waters
Dagan Wayland
Payton Weaver
Sharlit White
Aliyah Whitman
Taylor Wickham
Marcus Williams
John Williams III
Dejaun Winston
Hunter Winters
Grant Wolf
Militza Woloszyn
Sydney Woodward
Suleman Zewar
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